Recital & Background
Background. Banxs Technologies EOOD (trading as Skybyte, hereafter "Skybyte") operates a distance-selling platform for embedded SIM ("eSIM") data plans intended for international travellers. The Service is offered exclusively over the public internet under a business-to-consumer ("B2C") and business-to-business ("B2B") model, with no physical points of sale and no postal delivery of goods. The product sold is intangible: a software profile and an associated allocation of mobile data on a foreign Host Carrier's radio network for a defined period and territorial scope.
Merchant of record. Skybyte is the merchant of record for every Order placed on the Service. This means Skybyte (i) issues the VAT-compliant invoice, (ii) receives the consumer's payment via its acquiring bank, (iii) is the contractual counterparty for refunds, chargebacks, and consumer disputes, and (iv) is the data controller for personal data collected at checkout. References on bank statements appear under the descriptor "SKYBYTE" or "BANXS*SKYBYTE" depending on acquirer configuration; full descriptor mechanics are set out in the Payment Disclosures.
Acquirer. Card acceptance and acquiring services are provided to Skybyte by PayNovus AD(Bulgaria), a payment institution authorised by the Bulgarian National Bank under the Payment Services and Payment Systems Act and supervised under Directive (EU) 2015/2366 (PSD2). PayNovus AD operates as the acquirer for Visa, Mastercard, and selected alternative payment methods, and is responsible for the technical interaction with the card schemes' authorisation, clearing, and settlement infrastructure.
Provisioning sub-processors. The actual allocation of mobile data is fulfilled by upstream eSIM aggregators acting as Skybyte's sub-processors: eSIM Go Limited (United Kingdom) and Maya Mobile, Inc. (United States). Each aggregator maintains commercial relationships with Host Carriers worldwide and provisions an eSIM profile, an ICCID, and a usage allowance against the Host Carrier's network on receipt of an authenticated API call from Skybyte. The current list of sub-processors is published at /legal/sub-processors and is updated on material change with at least 14 days' prior notice where reasonably practicable.
Regulatory framing. These Terms are drafted to comply with: Directive 2011/83/EU on consumer rights ("CRD"), Regulation (EU) 2016/679 (GDPR), Directive (EU) 2015/2366 (PSD2) and Commission Delegated Regulation (EU) 2018/389 (RTS on SCA), Council Directive 2006/112/EC (the EU VAT Directive) as transposed by the Bulgarian Value Added Tax Act (ZDDS), Directive 2002/65/EC on distance marketing of consumer financial services to the extent applicable, and the Bulgarian Consumer Protection Act (Закон за защита на потребителите). In the event of any conflict between these Terms and a mandatory provision of consumer protection law applicable in your country of habitual residence, the mandatory provision prevails to the extent of the conflict and the remainder of these Terms continues in force.
Plain-language summary. A one-page plain-language summary of your principal consumer rights under these Terms is set out at Schedule A — Consumer Rights Summary at the end of this document. The summary is for convenience only; in the event of any inconsistency between the summary and the body of these Terms, the body of these Terms prevails.
1. Introduction & Acceptance
These Terms of Service (“Terms”) govern your access to and use of skybytesim.com and the Skybyte eSIM service (the “Service”) operated by Banxs Technologies EOOD trading as Skybyte (“Skybyte”, “we”, “us”, “our”), a single-owner limited liability company (EOOD) registered in Sofia, Bulgaria under EIK 206285017, with VAT registration BG206285017 and registered office at Blvd. Alexander Malinov 31, Sofia 1000, Bulgaria. By accessing the Service, creating an account, or purchasing an eSIM, you accept these Terms in full. If you do not accept them, do not use the Service.
These Terms incorporate by reference our Privacy Policy, Refund Policy, Acceptable Use Policy, and Cookie Policy.
They additionally incorporate by reference our Payment Disclosures, which set out card scheme, statement-descriptor, currency, authorisation, capture, and dispute mechanics. By placing an Order you confirm that you have had the opportunity to review each of those documents and that you agree to be bound by them as if they were set out in full in these Terms.
These Terms constitute the entire agreement between you and Skybyte regarding the Service and supersede any prior agreement, understanding, or representation, whether written or oral. No oral statement, marketing material, or communication from Skybyte staff modifies these Terms unless we issue a written amendment that is signed (electronically or otherwise) by an authorised representative of Banxs Technologies EOOD. Any standard terms put forward by you (for example in a purchase order) are expressly excluded.
2. Parties & Capacity
The contracting party on our side is always Banxs Technologies EOOD, acting under the trading name Skybyte. Banxs Technologies EOOD is registered with the Bulgarian Registry Agency under EIK 206285017 and is the registered VAT payer under BG206285017. Daniela Georgieva, Manager, is the authorised representative empowered to bind the company.
On your side, the contracting party is either (a) the natural person who completes checkout in their own name (a Consumer) or (b) the legal person whose details are submitted at checkout, where the natural person operating the checkout warrants that they have authority to bind that legal person (a Business Customer). Where you act as a Business Customer, statutory consumer protection provisions referenced in these Terms — including the EU 14-day right of withdrawal under Directive 2011/83/EU — do not apply and any inconsistent provisions of these Terms prevail.
Skybyte reserves the right to verify the identity, authority, and tax status of any party at any time before, during, or after Order processing, including by requesting documentary proof of registered office, beneficial ownership, or VAT registration. Where verification fails, we may suspend or cancel the Order and refund any amount paid to the original payment method.
3. Definitions
- eSIM — an embedded SIM profile delivered to a compatible device by QR code or activation code, granting access to mobile data services on a partner network at the destination(s) covered by your purchased Plan.
- Plan — a defined data allowance and validity period for one or more destinations, sold by Skybyte at a displayed price.
- Top-Up — additional data added to an existing, previously activated eSIM.
- Order — a confirmed purchase of one or more Plans or Top-Ups.
- Account — your registered Skybyte account.
- Activation — the moment your eSIM first registers on a partner mobile network at the destination.
- Customer — the natural or legal person purchasing the Service.
- Host Carrier — the licensed mobile network operator in the destination country whose radio infrastructure actually carries your traffic.
- Provider — the upstream eSIM aggregator or mobile network operator that provisions the eSIM profile to you on Skybyte's behalf (currently including eSIM Go and Maya Mobile, as listed on /legal/sub-processors).
- PSP — our regulated payment service provider, currently PayNovus AD (Bulgaria), which processes card and wallet payments on our behalf.
- Activation Deadline — the date by which an unactivated eSIM must be installed on a device, after which the eSIM profile expires and is no longer eligible for use or refund (other than where the deadline lapses for reasons attributable to Skybyte or its Providers).
- Validity Period — the contractual lifetime of an active eSIM, beginning at first network registration, during which the included data allowance may be consumed.
- Roaming — use of the eSIM on a Host Carrier other than the carrier identified in the Plan listing where multi-country coverage is offered.
4. Eligibility
You must be at least 18 years old to use the Service. By creating an Account or placing an Order, you confirm that you are 18 or over and that you have the legal capacity to enter into a binding contract under the laws of your jurisdiction. The Service is not directed at children under 18.
The Service is offered worldwide subject to applicable export controls and sanctions regimes. We do not knowingly transact with persons or entities listed on the consolidated EU financial sanctions list, the U.S. Office of Foreign Assets Control (OFAC) Specially Designated Nationals (SDN) list, the UK HM Treasury sanctions list, or the United Nations Security Council Consolidated List, nor with persons ordinarily resident in jurisdictions subject to comprehensive embargoes (currently including but not limited to the Crimea, Donetsk, Luhansk, Kherson, and Zaporizhzhia regions of Ukraine, Cuba, Iran, North Korea, and Syria). Sanctions screening is performed at Order placement and may also be performed at activation; failed screening results in Order cancellation and refund.
5. Account Registration
You may purchase certain Plans as a guest, but features such as eSIM management, order history, and Top-Ups require a Skybyte Account. You agree to provide accurate, current, and complete information when registering, to keep your credentials confidential, and to be responsible for all activity occurring under your Account. You must notify us without undue delay at support@skybytesim.com if you suspect unauthorised access. We are not liable for losses arising from your failure to safeguard your credentials.
You may register an Account using an email-and-password pair or via a supported third-party identity provider (currently Google OAuth 2.0). Where you sign in via a third-party provider, the provider's own terms govern the authentication step; we receive only the limited identity claims required to verify your email address and to keep your sign-in session active. We do not receive your third-party credentials. Disconnecting the third-party identity provider will require you to set a password before further sign-in.
You may close your Account at any time from /account/privacy. Account closure is processed in accordance with our Privacy Policy and applicable data retention obligations: tax-relevant Order and Invoice records are retained for ten (10) years from the end of the calendar year in which the supply was made, in accordance with Articles 38 and 42 of the Bulgarian Tax-Insurance Procedure Code (DOPK) and Article 244 of Council Directive 2006/112/EC; non-essential marketing identifiers are erased without undue delay.
6. Eligible Devices
Skybyte eSIMs require an eSIM-capable device. We provide a compatibility checker at /compatibility; however, we cannot guarantee compatibility for every device model or carrier configuration. You are responsible for confirming that your device supports eSIM technology and is unlocked from your home carrier before purchasing.
A device is "eSIM-capable" if it embeds a GSMA-compliant embedded Universal Integrated Circuit Card (eUICC) and the handset firmware exposes a remote SIM provisioning interface (SM-DP+) compatible with the GSMA Consumer Architecture (RSP v2.x). A device is "carrier-unlocked" if its baseband is not contractually restricted to a specific home network operator. Many carrier-financed devices remain locked for the duration of a financing plan; you must verify the unlock status with your home carrier before purchase. Skybyte does not have visibility into your home carrier's lock status and cannot remove device locks on your behalf.
Where your device fails to register on the Host Carrier following correct installation of the eSIM and we are able to confirm with the upstream Provider that the eSIM profile is valid and the Host Carrier coverage area covers your reported location, the failure is attributable to your device or carrier configuration and not to the Service; refunds in such cases are governed by Section 10 (Refunds & Cancellation) and the Refund Policy.
7. Purchase, Pricing & Payment
Pre-contractual information (CRD Article 6 / Visa Core Rule 4.27). Before you place an Order, the checkout screen displays — in a clear and prominent manner, in the language you have selected — the following information, which forms part of the contract once you confirm the Order:
- Identity of the trader: Banxs Technologies EOOD (trading as Skybyte), Blvd. Alexander Malinov 31, Sofia 1000, Bulgaria, EIK 206285017, VAT BG206285017.
- Geographical address and contact: Postal address as above; customer support at support@skybytesim.com; data protection at contact@banxs.com.
- Main characteristics of the digital service:country or regional coverage, data allowance (in GB), validity period (in days), Host Carrier(s) where disclosed by the upstream Provider, hotspot/tethering eligibility, and any speed cap or fair-use ceiling.
- Total price: the total price of the Plan inclusive of all taxes (VAT shown for B2C consumers) and all mandatory charges, in the currency selected at checkout (EUR, USD, or GBP). No surcharges, handling fees, hidden costs, or additional postage are added at any later stage.
- Currency of charge: the currency in which the card or wallet is debited. If your card's billing currency differs from the charge currency, your issuer may apply its own foreign exchange rate and a foreign transaction fee outside our control.
- Statement descriptor: the merchant descriptor that will appear on your bank or card statement, so you can identify the charge. The current descriptor and any acquirer-specific variants are set out in our Payment Disclosures.
- Means of payment accepted: Visa, Mastercard, Apple Pay, Google Pay, and any additional methods enabled at the time of checkout. Payment is processed by our acquirer PayNovus AD.
- Time of performance: on receipt of payment, the eSIM is provisioned and made available in your account within minutes; activation occurs at your election by scanning the QR code or installing the profile on your device.
- Right of withdrawal and Article 16(m) waiver: an explicit notice that, by activating the eSIM, you provide prior express consent to immediate performance and acknowledge that you thereby lose your 14-day right of withdrawal under Article 16(m) of Directive 2011/83/EU. You confirm this acknowledgement by ticking a dedicated checkbox (or, on activation, by an in-product consent flow) — see also Section 13.
- Refund and complaints policy: a hyperlink to our Refund Policy and to the complaints handling procedure in Section 15.
- Existence and duration of contract: a single-purchase contract; no automatic renewal, no recurring charges, and no minimum commitment beyond the Plan validity period.
- Functionality and interoperability: the eSIM operates only on devices that are eSIM-capable and carrier-unlocked; a non-exhaustive compatibility checker is available at /compatibility.
- Out-of-court dispute resolution: hyperlinks to the Bulgarian Commission for Consumer Protection and to the European Commission's Online Dispute Resolution platform (see Section 27).
- Acceptance of terms: a confirmation that by clicking the button labelled "Pay" (or equivalent), you accept these Terms, the Refund Policy, the Privacy Policy, the Acceptable Use Policy, and the Payment Disclosures.
By clicking the order-confirmation button at checkout you acknowledge that the foregoing information has been communicated to you in a clear and comprehensible manner, on a durable medium accessible at any time via your Account, and that you assume an obligation to pay (Article 8(2) CRD — "button labelling" requirement).
- Prices are displayed in EUR, USD, or GBP, depending on the currency you select at checkout. The functional currency of Banxs Technologies EOOD is EUR.
- Prices for B2C customers in the European Union are inclusive of applicable Value Added Tax (VAT) at the rate of the customer’s country of residence, in accordance with the EU One-Stop-Shop (OSS) regime for telecommunications services.
- For B2B customers established in the EU outside Bulgaria with a valid VAT identification number, supplies are reverse-charged under Article 196 of Council Directive 2006/112/EC. The VAT number is validated in real time against the European Commission’s VIES system at checkout.
- Payment is processed at the time of Order through our regulated payment service provider, PayNovus AD (Bulgaria). Skybyte does not store full card numbers (PAN); card data is handled within PCI DSS SAQ A scope.
- Skybyte reserves the right to refuse or cancel any Order on grounds of suspected fraud, sanctions screening, technical error, or pricing error. Where an Order is cancelled by us before activation, a full refund is issued to the original payment method.
- Card and wallet payments may be subject to Strong Customer Authentication (SCA) under Article 97 of Directive (EU) 2015/2366 (PSD2) and Commission Delegated Regulation (EU) 2018/389 (RTS on SCA). Where SCA is required by your card issuer, completion of the 3-D Secure (3DS2) challenge is a condition of contract formation. Failed or abandoned authentication releases the authorisation and no contract is formed.
- We reserve the right to display prices net of VAT to verified Business Customers and inclusive of VAT to Consumers under the same product listing; the price actually charged is the price visible at the moment Order is confirmed.
- Pricing errors arising from manifest mistake (for example a misplaced decimal, a missing exchange rate, or an incorrect VAT calculation) entitle us to refuse or cancel the Order and refund any amount charged. We will notify you in such cases as soon as the mistake is identified.
- Payment authorisation is captured at Order placement; settlement may be delayed by your card issuer or by the acquiring bank. The full mechanics — including descriptor, currency conversion, and dispute paths — are set out in our Payment Disclosures.
Authorisation, capture, and reversal. When you confirm an Order, our acquirer requests an authorisation hold against your card or wallet for the full Order amount. Authorisation is a temporary reservation of funds, not a settlement; settlement (capture) takes place once the eSIM has been successfully provisioned by the upstream Provider. Where provisioning fails, authorisation is reversed automatically and no settlement occurs; depending on your issuer, the reserved amount may take up to ten (10) banking days to be released back to your available balance. Detailed mechanics, including descriptor formats, partial captures, recurring tokenisation (none — Skybyte does not perform merchant-initiated transactions), and refund routes, are set out in the Payment Disclosures.
Foreign exchange. Skybyte presents prices in EUR, USD, and GBP. The exchange rate displayed is determined at session time using rates supplied by our acquirer or a reputable exchange-rate data provider, and is refreshed periodically. The rate at which your card is actually debited is the rate offered by your card issuer at the time the authorisation is processed; that rate may differ from the rate displayed on the website. Any difference is between you and your card issuer and is not a basis for refund by Skybyte.
Sanctions and fraud screening. Every Order is screened against EU consolidated sanctions lists, the OFAC SDN list, and our acquirer's risk rules. Orders that match a sanctions designation, or that exceed our risk thresholds, are declined or held for manual review; in such cases no settlement is taken and the authorisation is released. Where settlement has already occurred at the time a sanctions match is identified, the funds are returned to the original payment method and no eSIM is provisioned.
8. Contract Formation
The display of Plans on the Service is an invitation to treat and not a binding offer. A binding contract is formed when (a) you confirm the Order at checkout, (b) we successfully capture payment authorisation through our PSP, and (c) we send you an Order confirmation email containing the Order number, the Plan(s) purchased, and the eSIM installation details (collectively, "Order Confirmation"). Until all three conditions are satisfied, no contract exists and we may decline the Order without liability.
The Order Confirmation, together with these Terms and the documents incorporated by reference, constitutes the complete contractual record. We retain Order Confirmations electronically for at least the periods set out in Section 5 (Account Registration) and will furnish a copy on request to support@skybytesim.com.
9. Invoicing & Tax Treatment
A VAT-compliant invoice is issued for every Order in accordance with Articles 113 and 226 of Council Directive 2006/112/EC and Articles 113–115 of the Bulgarian VAT Act (ZDDS). Invoices are made available in PDF form via your Account at /account/orders and are also delivered by email. Invoice numbering is strictly sequential within a calendar year, gap-free, and reserved at Order placement. Once issued, an invoice is immutable; any subsequent correction is performed by issuing a credit note (отметка/протокол) cross-referenced to the original invoice.
Where you require an invoice in the name of a legal person, the legal person's full name, registered office, EIK or equivalent registration number, and (where applicable) VAT number must be entered at checkout. We reserve the right to refuse to amend an invoice retroactively where amendment would materially alter the contracting party.
The functional currency of Banxs Technologies EOOD is EUR. Where you pay in USD or GBP, conversion to EUR for our accounting purposes is performed at the European Central Bank reference rate published on the date of supply, in accordance with Article 91 of Council Directive 2006/112/EC.
10. Activation & Use of eSIMs
- Validity countdown: The validity period of a Plan begins on the first successful network registration of the eSIM at the destination, not at the time of purchase. Plans purchased and not activated remain installable until the activation deadline stated on the Plan listing.
- Installation: You are responsible for installing the eSIM correctly using the QR code or manual activation details provided. We provide installation guides at /how-it-works.
- Coverage and quality: Coverage areas, network availability, and connection quality vary by destination and by partner mobile network operator. We do not guarantee specific download or upload speeds; mobile network conditions are subject to factors outside our control.
- Permitted use: Use of the Service is subject to our Acceptable Use Policy.
- Activation consent — EU CRD 16(m): Before you reveal the QR code or manually mark an eSIM as activated inside /account/esims, we require you to give explicit consent to immediate performance of the digital service and to acknowledge that the right of withdrawal under Article 16(m) of Directive 2011/83/EU expires on activation. We retain a tamper-evident audit record of this consent (action
esim_activation_consent) including timestamp, Order ID, eSIM ID, Plan ID, and the version of the consent text shown to you. A copy of the audit record will be furnished on request to contact@banxs.com. - Single device, single profile: Each eSIM profile is provisioned to one device. Re-installation on a different device is technically possible only where the Host Carrier and Provider permit re-issue, and in many cases consumes one of a limited number of profile downloads permitted by the underlying GSMA RSP infrastructure. Lost re-issue capacity is not refundable.
- No voice, no SMS: Unless explicitly stated on a Plan listing, Skybyte eSIMs are data-only. Voice services, SMS termination, emergency call services, and premium-rate services are not provided. You must retain a separate means of placing emergency calls in your destination country.
- Tethering and personal hotspot: Use of the data allowance to tether other devices via Wi-Fi, Bluetooth, or USB is permitted unless the Plan listing states otherwise. We may, however, throttle or suspend service where automated systems detect bulk hotspot use that is inconsistent with personal travel use (see Section 11, Fair Use & Throttling).
11. Fair Use & Throttling
The Service is sold for the personal travel use of the named Customer. Where data consumption on a single eSIM materially exceeds the typical consumption pattern of a single travelling consumer (for example, sustained high-bandwidth streaming consistent with a server, a router used for a fixed residential connection, or commercial resale), we may apply fair-use throttling, suspend the eSIM, or terminate the contract under Section 22. Fair-use thresholds are set by the underlying Host Carrier and Provider and may change without notice.
Where a Host Carrier imposes a hard daily, weekly, or aggregate cap on the eSIM, that cap is communicated on the Plan listing and applies regardless of remaining headline allowance. Throttling caused by Host Carrier policy is not a defect of the Service and does not give rise to a refund beyond the proportional remedies set out in our Refund Policy.
12. Top-Ups
Top-Ups extend the data allowance and, where applicable, the validity of an existing eSIM. Top-Ups are routed to the same underlying provider that issued the original eSIM and are applied immediately after payment. Pricing of Top-Ups is independent of the original Plan price.
Because a Top-Up is an extension of an already-activated eSIM and performance begins immediately on payment, the right of withdrawal under Article 16(m) of Directive 2011/83/EU does not apply. By confirming a Top-Up Order you give explicit consent to immediate performance and acknowledge loss of the right of withdrawal in respect of that Top-Up.
Top-Up availability depends on the upstream Provider; not all Plans are toppable. Where a Top-Up cannot be applied for technical reasons attributable to Skybyte or the Provider, we will refund the Top-Up price in full to the original payment method.
13. Refunds & Cancellation
EU right of withdrawal — Article 16(m) CRD. Under Article 16(m) of Directive 2011/83/EU on consumer rights, the 14-day right of withdrawal does not apply to the supply of digital content not supplied on a tangible medium where performance has begun with your prior express consent and your acknowledgement that you thereby lose your right of withdrawal. By activating your eSIM, you provide such express consent and acknowledgement. Before activation, you may withdraw from the contract within 14 days of purchase and receive a full refund.
Mechanics of the Article 16(m) waiver. The waiver is captured by two cumulative consent acts: (i) at checkout, by your acceptance of these Terms (which include this Section 13 and the dedicated checkbox referenced in Section 7); and (ii) at activation, by your interaction with the in-product activation consent flow which restates the waiver in plain language and requires affirmative acknowledgement before the QR code is revealed or the "Activate" action is enabled. Each waiver event is recorded in our audit log under the actionesim_activation_consent together with the order reference, the eSIM identifier, the plan identifier, the version of the consent text presented, and a citation to Article 16(m) CRD. The audit record constitutes evidence of your express consent for the purposes of Article 7(3) GDPR and Article 16(m) CRD.
Refund eligibility matrix. Without prejudice to your statutory rights, the following matrix summarises the refund treatment of typical scenarios. The full matrix and its operational interpretation are set out in the Refund Policy; in case of conflict, the Refund Policy controls.
- Pre-activation, within 14 days: full refund, no questions asked.
- Pre-activation, after 14 days: goodwill refund at our discretion (the waiver does not apply, but the statutory withdrawal window has expired).
- Post-activation, eSIM never registered with Host Carrier: investigation by support; on confirmed provisioning failure, full refund.
- Post-activation, partial coverage failure: partial refund proportionate to the unconsumed allowance, in line with Article 14(4)(b)(ii) CRD.
- Post-activation, full plan consumed: no refund (digital service fully performed).
- Order cancelled by Skybyte (fraud, sanctions, pricing error): full refund automatic.
- Duplicate charge: full refund of the duplicate within 5–10 banking days.
Processing timelines. Once approved, refunds are issued through our acquirer to the original payment method within fourteen (14) calendar days, in accordance with Article 13(1) CRD; in practice, most refunds reach the cardholder within five (5) to ten (10) banking days, depending on the issuer. Where the Order was paid in a currency other than EUR, the refund is issued in the same currency as the original payment; any foreign exchange differential between the rate at charge and the rate at refund is borne by the cardholder and is not made up by Skybyte.
No retention right. Skybyte does not exercise the merchant's right to withhold refund pending return of digital content (which would be inapplicable to intangible goods). Where refund eligibility is established, payment is initiated without further conditions.
Model withdrawal form. A printable model withdrawal form (Annex I(B) to Directive 2011/83/EU) is available at /legal/right-of-withdrawal-form.pdf. You are not required to use this form — any unequivocal written notice within the withdrawal period is sufficient.
How to request a refund: Contact us via in-app support or by email at support@skybytesim.com. Eligible refunds are processed within 14 days to the original payment method, in the currency of the original payment.
Full details, including refunds for technical issues and coverage problems, are set out in our Refund Policy.
14. Acceptable Use
You must use the Service only for lawful purposes and in accordance with our Acceptable Use Policy. Among other things, you must not resell Skybyte eSIMs without our written authorisation, attempt to bypass usage limits, use the Service to send unsolicited communications or to attack other systems, or use the Service in jurisdictions sanctioned by the European Union, the United States, or the United Nations.
15. Complaints Handling
We aim to resolve every customer complaint promptly and fairly. To submit a complaint, email support@skybytesim.com with the subject line "Complaint", your Order number, a description of the issue, and any supporting evidence (for example screenshots or speed test results from the destination). We will acknowledge receipt within five (5) working days and provide a substantive response within fourteen (14) calendar days where possible, or otherwise an interim response with an expected resolution date.
Where a complaint cannot be resolved through our internal process, you may pursue out-of-court redress through the Bulgarian Commission for Consumer Protection (KZP) or via the European Commission's Online Dispute Resolution platform (see Section 25). Pursuing out-of-court redress does not affect your right to bring proceedings before a competent court.
16. Intellectual Property
The Skybyte name, logo, brand elements, software, and content on the website are owned by Banxs Technologies EOOD or its licensors and are protected under Bulgarian and EU intellectual property law. You are granted a limited, non-exclusive, non-transferable licence to access the Service for personal or business use in accordance with these Terms. No other rights are granted.
The compatibility data, country metadata, plan catalogue, pricing, and editorial content presented on the Service are curated by Skybyte and constitute a database within the meaning of Directive 96/9/EC on the legal protection of databases. Systematic extraction or re-utilisation of substantial parts of this database is prohibited without our prior written consent.
17. Third-Party Services & Networks
The Service depends on third parties: upstream eSIM Providers (eSIM Go, Maya Mobile and any future Providers listed at /legal/sub-processors), Host Carriers in each destination country, our PSP (PayNovus AD), our notification providers, and our hosting and content delivery providers. Each third party operates under its own terms of service. While we select Providers with reasonable care and contract for service levels appropriate to the Service, we do not control the underlying radio infrastructure and are not the operator of any Host Carrier network.
Where a Host Carrier suspends, throttles, or terminates the eSIM for breach of its own use policy (for example jurisdictional restrictions on encrypted tunnelling, or temporary suspensions during national emergencies), the consequences for your eSIM are determined by that Host Carrier's policy and applicable local law. Refunds in such circumstances are governed by our Refund Policy.
18. Disclaimers & Limitation of Liability
Preservation of consumer statutory rights. Nothing in this Section 18 (or anywhere else in these Terms) excludes, restricts, or modifies any statutory right that you have as a consumer under the law of your country of habitual residence within the European Union or the European Economic Area, including without limitation the conformity guarantees set out in Directive (EU) 2019/770 on contracts for the supply of digital content and digital services and Directive (EU) 2019/771 on the sale of goods (as transposed into Bulgarian law by the Act on the Provision of Digital Content and Digital Services and on the Sale of Goods, ZPCCUDPS). Where any provision of these Terms purports to exclude or limit a statutory consumer right, that provision shall apply only to the maximum extent permitted and the remainder of these Terms shall continue in force.
To the fullest extent permitted by applicable law and without prejudice to your statutory consumer rights under Bulgarian and EU law, the Service is provided on an “as is” and “as available” basis. We do not warrant uninterrupted or error-free operation, specific data speeds, or coverage at any specific location.
Subject always to mandatory consumer protection legislation, our aggregate liability to you arising out of or in connection with the Service in any twelve-month period shall not exceed the total amount paid by you to Skybyte during that period. We exclude liability for indirect or consequential loss, loss of profit, loss of business, and loss of data, except in cases of wilful misconduct, gross negligence, or where excluded by mandatory law. Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot be limited or excluded under applicable law.
Liability cap mechanics. The aggregate liability cap referred to above is calculated as the total amount actually paid by you to Skybyte (net of any refunds and chargebacks) for Plans purchased during the twelve (12) months immediately preceding the event giving rise to the claim. Where the claim relates to a single Plan and arises within the validity period of that Plan, the cap is the price of that Plan. The cap operates per claim and is not aggregated across multiple claimants; multiple related claims arising from the same factual circumstances count as a single claim for the purpose of this cap.
Force majeure. Skybyte is not in breach of these Terms, and is not liable to you, for any failure or delay in performance to the extent caused by an event outside its reasonable control, including without limitation: acts of God; natural disasters; pandemics; war; armed conflict; terrorism; civil unrest; sanctions; embargoes; governmental orders; failures of public telecommunications networks; failures or downtime of upstream Providers, Host Carriers, or our acquirer; cybersecurity incidents not caused by Skybyte's negligence; and labour disputes not involving Skybyte personnel. Where such an event continues for more than thirty (30) calendar days and prevents the substantial performance of the Service, either party may terminate the affected Order(s) by written notice; on such termination, Skybyte refunds any prepaid amounts in respect of unperformed portions of the Service. The detailed force-majeure regime is set out in Section 20.
No reliance. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made or given by or on behalf of Skybyte that is not set out in these Terms or in the documents incorporated by reference. Marketing materials, coverage maps, and Host Carrier listings are provided in good faith on the basis of information supplied by upstream Providers and Host Carriers; they are indicative and do not form part of any contractual specification, save where expressly incorporated into your Order Confirmation.
Statutory warranty. For B2C consumers, the conformity warranty under Article 11 of Directive (EU) 2019/770 (and its Bulgarian transposition) applies for the entire period during which the Service is supplied (i.e. the validity period of each Plan). Where a lack of conformity is identified within that period, you may require performance of the Service in conformity with the contract, a price reduction, or termination of the contract with refund proportionate to the period of non-conformity, subject to the conditions set out in the relevant statutory provisions.
You acknowledge that mobile data services are inherently subject to coverage gaps, network congestion, regulatory restrictions, equipment failure, atmospheric interference, natural disasters, and other technical and political factors outside our reasonable control, and that no provider of mobile data anywhere in the world warrants 100% uptime, 100% geographic coverage, or guaranteed minimum data throughput.
19. Indemnification
You agree to indemnify and hold harmless Skybyte and its officers, employees, and agents from any third-party claim, loss, or expense (including reasonable legal fees) arising out of your breach of these Terms, your violation of any law, or your infringement of any third-party right through your use of the Service.
20. Force Majeure
Neither party is liable for any failure or delay in performance to the extent caused by an event outside its reasonable control, including (without limitation) acts of God, war, armed conflict, terrorism, civil unrest, government action, embargo, sanctions, pandemic, fire, flood, earthquake, generalised internet outage, generalised mobile network outage, denial-of-service attack, or strike action affecting essential third parties. The party affected shall notify the other as soon as reasonably practicable; obligations are suspended for the duration of the force majeure event and resume when it ceases.
21. Assignment
You may not assign, transfer, or sub-licence your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations to (a) any member of our corporate group, (b) any successor entity by way of merger, restructuring, or sale of all or substantially all of our business or assets, or (c) any third party where the assignment does not materially diminish your rights, in each case on at least 30 days' prior notice.
22. Severability & Waiver
If any provision of these Terms is held to be unlawful, invalid, or unenforceable by a competent court, that provision shall be deemed severed and shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect. A failure or delay by either party to exercise any right or remedy under these Terms shall not constitute a waiver of that right or remedy and shall not preclude its later exercise.
23. Termination
- You may close your Account at any time via /account/privacy.
- We may suspend or terminate your Account or refuse further sales for material breach of these Terms or our Acceptable Use Policy, with notice where reasonably practicable.
- Termination does not affect data already delivered or amounts already paid; remaining unactivated eSIMs are handled per the Refund Policy.
- Sections that by their nature survive termination — including Sections 16 (Intellectual Property), 18 (Limitation of Liability), 19 (Indemnification), 24 (Governing Law) and 25 (ODR) — survive termination of the contract.
24. Privacy
We process your personal data in accordance with our Privacy Policy, which forms part of these Terms.
25. Changes to Terms
We may update these Terms from time to time. For material changes adverse to you, we will provide at least 30 days’ prior notice by email or in-account notification before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. Where the change is required by law, the notice period may be shorter.
Where you do not accept a material change, you may close your Account before the change takes effect; refunds for unused unactivated Plans are processed in accordance with the Refund Policy. Activated Plans continue to be governed by the version of these Terms in force at the moment of activation, in respect of conduct that occurred before the change took effect.
26. Governing Law & Jurisdiction
These Terms are governed by the laws of the Republic of Bulgaria, excluding its conflict-of-laws rules. Disputes shall be resolved by the competent courts in Sofia, Bulgaria, without prejudice to any mandatory consumer protection rights you have in your country of residence under EU law, including the right to bring proceedings in the courts of your domicile.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms. Where a competent court is unable to exercise jurisdiction over a dispute, the parties agree to refer the dispute exclusively to the courts of Sofia, Bulgaria.
27. Online Dispute Resolution (ODR)
Pursuant to Regulation (EU) No 524/2013, the European Commission provides an online dispute resolution platform accessible at https://ec.europa.eu/consumers/odr. For complaints, please first contact us at support@skybytesim.com. We are not committed and not obliged to participate in alternative dispute resolution proceedings before a consumer arbitration board, but we will consider any reasonable request to do so.
28. Language & Interpretation
These Terms are published in English. Where translations are provided, the English version controls in case of any discrepancy. Headings are for convenience only and do not affect interpretation. References to a "Section" are to a section of these Terms; references to a directive, regulation, or other legal instrument include any subsequent amendment, replacement, or implementing measure. Words importing the singular include the plural and vice versa.
29. Contact
Banxs Technologies EOOD (trading as Skybyte)
Blvd. Alexander Malinov 31, Sofia 1000, Bulgaria
EIK: 206285017
VAT: BG206285017
Authorised representative: Daniela Georgieva
Customer support: support@skybytesim.com
Privacy / Data Protection: contact@banxs.com
Schedule A — Consumer Rights Summary
This summary is a plain-language overview of your principal rights as a consumer when you buy a Skybyte eSIM. It is not a substitute for the body of these Terms or for the Refund Policy. In case of any inconsistency between this summary and the body of these Terms, the body of these Terms prevails.
Who you are buying from. You are buying from Banxs Technologies EOOD (trading as Skybyte), a Bulgarian limited liability company registered under EIK 206285017, VAT BG206285017, with registered office at Blvd. Alexander Malinov 31, Sofia 1000, Bulgaria. Skybyte is the merchant of record and the contractual counterparty for refunds, complaints, and chargebacks.
What you are buying. A digital service: an eSIM profile and an allocation of mobile data on a foreign Host Carrier's network for a defined country/region and a defined validity period. The service is delivered electronically; nothing is shipped to you.
How much you pay. The total price displayed at checkout includes all applicable taxes (including VAT for B2C consumers in the EU) and all mandatory charges. There are no recurring charges and no automatic renewal. Your bank may apply a foreign-transaction fee or its own exchange rate if you pay in a currency other than your card's billing currency; that fee is between you and your bank.
How long the contract lasts. The contract lasts for the validity period of the Plan you bought (for example, 7, 15, or 30 days from activation). It ends automatically at the end of the validity period or when the data allowance is exhausted, whichever happens first.
Your right of withdrawal. You have a 14-day right of withdrawal from the date of purchase provided you have not yet activated the eSIM. Once you activate the eSIM, performance of the digital service begins immediately and, in line with Article 16(m) of Directive 2011/83/EU, the right of withdrawal is lost. Skybyte will ask you to confirm this loss of right at activation, in addition to your acceptance at checkout.
How to withdraw. Email support@skybytesim.com before activation, or use the model withdrawal form at /legal/right-of-withdrawal-form.pdf. We refund within 14 days of receiving your withdrawal notice, to the original payment method, in the original payment currency.
If something goes wrong. If your eSIM does not work or coverage is significantly worse than reasonably expected from the published coverage information, contact support. Eligible refunds are issued in line with our Refund Policy. You also have a statutory conformity guarantee under Directive (EU) 2019/770 for the entire validity period of the Plan.
If you cannot resolve a dispute with us. You can contact the Bulgarian Commission for Consumer Protection (KZP) or use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr. You may also bring proceedings before the courts of your country of habitual residence in the EU.
Your data. We process your personal data in accordance with the GDPR and our Privacy Policy. You can exercise your access, rectification, deletion, portability, restriction, and objection rights at any time by writing to contact@banxs.com.
Your card data. We never see or store your full card number. Card details are entered directly into our PCI-DSS-certified acquirer (PayNovus AD). Full mechanics are set out in the Payment Disclosures.