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Terms & Conditions

Here you’ll find the terms that apply when purchasing and using a Whisper eSIM. We’ve kept the structure clear, so you can quickly find the information you need.

Article 1: Definitions

  1. Provider: Skyline CDS B.V., established in Bosschenhoofd at Bredasebaan 11, 4744 RZ, registered with the Chamber of Commerce under number 20144510.
  2. Connection: a connection to the Network by means of an eSIM
  3. General Terms and Conditions: these General Terms and Conditions of Provider.
  4. Consumer: any natural person not acting in the course of a profession or business.
  5. Contracting Party: the party who has received or will receive an offer or who has concluded or will conclude an Agreement with Provider.
  6. Service: the Mobile Telecommunication Service to be used via the Network offered by Provider with a data-only prepaid eSIM supplied by Provider.
  7. eSIM: a SIM card embedded in Terminal Equipment.
  8. eSIM Profile: the digital eSIM profile downloaded onto the eSIM chip of the Terminal Equipment granting access to the Network.
  9. Mobile Telecommunication Service: any Telecommunication Service in which the Connection is connected to the Network via a wireless connection.
  10. Network: the entirety of technical components through which Provider enables or arranges mobile telecommunications.
  11. Agreement: any arrangement pursuant to which Provider supplies the Service.
  12. Personal Data: any information relating to an identified or identifiable natural person.
  13. Prepaid Credit: prepaid, time-bound data credit (in GB per day), to be consumed in accordance with the agreed rates and conditions.
  14. Terminal Equipment: the mobile receiving device which, in combination with an eSIM, establishes the connection to the Network.
  15. Telecommunication Service: a publicly available electronic communications service making use of the Network.
  16. Business Customer: any legal entity or natural person acting in the course of a profession or business.

Article 2: Applicability and Order of Precedence

  1. These General Terms and Conditions apply to all offers, Agreements, and legal acts relating to the Service.
  2. The general terms and conditions of the Business Customer are expressly rejected.
  3. These General Terms and Conditions form an integral part of the Agreement.
  4. In the event of a conflict between a provision in the Agreement and a provision in these General Terms and Conditions, the provision in the Agreement shall prevail.
  5. All offers made by Provider are non-binding.

Article 3: Formation of the Agreement

  1. The Agreement is concluded when the Contracting Party submits a request and Provider confirms such request electronically or commences performance of the Agreement.
  2. Provider may refuse a request.
  3. The Contracting Party is responsible for storing, making accessible for future reference, and printing the Agreement.
  4. The Contracting Party warrants that all information requested by Provider and all other information relevant to the execution of the Agreement has been provided fully and truthfully. Provider is not obliged to inquire about the intended use of the Service or the circumstances under which it will be used.
  5. Provider may terminate negotiations at any time without stating reasons and without being liable for damages or obliged to continue negotiations.
  6. Any person entering into the Agreement on behalf of a Business Customer warrants that they have used a valid identification document and are authorized to represent the Business Customer.
  7. Commitments or representations by employees or representatives of Provider bind Provider only if confirmed in writing by Provider.
  8. Provider is not responsible for disruptions or delays in electronic communications.
  9. Prior to conclusion of the Agreement, certain data (including name, address, email, date of birth, and IBAN) must be provided and will be processed in accordance with Article 18.

Article 4: Responsibilities of Provider

  1. Provider shall endeavor to supply the agreed Services immediately after conclusion of the Agreement.
  2. Provider aims to ensure uninterrupted use but cannot guarantee quality or coverage at all times. In case of a Network malfunction, Provider is not liable for damages. The following statutory compensation scheme applies:
    1. Compensation is due if the Service is interrupted for more than 12 hours due to a malfunction not caused by flooding, terrorist attack, or war. Compensation is at least €1 per malfunction, plus €0.50 for each 24-hour period of interruption. Compensation may, with consent, be provided in kind.
  3. Provider is not responsible for third-party products or services affecting availability of the Service.
  4. If Provider is no longer permitted to provide the Service, it may terminate the Agreement immediately without compensation.

Article 5: Responsibilities of the Contracting Party

  1. The Contracting Party must provide accurate information.
  2. Changes in details must be reported immediately.
  3. Rights and obligations may not be transferred.
  4. The Contracting Party indemnifies Provider against third-party claims arising from non-performance.
    5–13.
    The Contracting Party must use the Service normally, lawfully, and in accordance with Provider’s instructions; refrain from misuse including hacking, spam, SIM-lock removal, unlawful commercial exploitation, or network disruption; comply with applicable laws (including privacy and export laws); protect access codes; and accept that Provider may impose measures including suspension, blocking, cost recovery, and restoration.
    The Service may not be encumbered or rights granted to third parties.

Article 6: Activation

  1. The Service functions only with eSIM-compatible equipment.
  2. Internet access is required to download the eSIM profile.
  3. The eSIM profile remains Provider’s property and may be downloaded once.
  4. Provider may modify the eSIM profile remotely.
  5. Only the Contracting Party may use the Service; responsibility remains with the Contracting Party.

Article 7: Service Description and Usage Restrictions

  1. The Service is strictly data-only; voice and SMS are not supported.
  2. Tethering/hotspot use is permitted within reasonable use.
  3. Prohibited uses include SIM boxes, bulk traffic harming stability, commercial resale, and continuous quasi-permanent sessions.
  4. Provider may suspend, limit speed, or terminate in case of misuse.

Article 8: Prepaid Credit and Validity

  1. The Agreement is concluded for a definite term.
  2. Duration depends on the validity of the Prepaid Credit.
  3. Credit is time- and data-bound and expires after time lapse or depletion.
  4. Top-ups are not possible.
  5. Credit is non-refundable and non-redeemable for cash.
  6. Validity and data volume are communicated via app, website, email, and Agreement.
  7. Upon expiry of credit, the Agreement ends.

Article 9: Access Codes and eSIMs

  1. Access codes and eSIMs remain Provider’s property; Provider may modify them.
  2. They are personal and non-transferable.
  3. The Contracting Party must safeguard them and report loss immediately.
  4. All costs prior to blocking are borne by the Contracting Party.
  5. Removal of SIM/network locks without written consent is prohibited.

Article 10: Intellectual Property and Confidentiality

  1. All intellectual property rights remain exclusively with Provider, affiliated companies, or licensors. A limited, non-exclusive, non-transferable, revocable license is granted for the duration of the Agreement.
  2. Removal or alteration of IP notices is prohibited.
  3. Circumvention of technical protection measures is prohibited.
  4. Confidential information must be kept secret.

Article 11: Payment Method

  1. Prepaid Credit may be purchased via Provider’s app; payments processed by Mollie.
  2. Fees are due once Provider incurs costs unless otherwise agreed.
  3. Invoices may be provided electronically.
  4. Provider may issue interim invoices in case of abnormal usage.

Article 12: Rates

  1. Rates apply per the current tariff overview available via app, website, or email.
  2. All rates are in EUR and exclusive of VAT and levies.
  3. Data usage is calculated according to SI standards:
    1 GB = 1,000 MB = 1,000,000,000 bytes.

Article 13: Network, Quality and Maintenance

  1. Availability not guaranteed; quality depends on location, equipment, density, maintenance.
  2. Compensation scheme as per Article 4(2).
  3. Network management and security measures may be applied.
  4. Provider may perform maintenance without consent.
  5. Maintenance notifications via app, website, or email.

Article 14: Performance of the Agreement

  1. The Consumer gives prior express consent to immediate commencement of performance.
  2. Provider determines manner of performance and may use subcontractors.
  3. Time limits are indicative, not strict deadlines.
  4. The Contracting Party is responsible for configuration and management of necessary equipment.

Article 15: Security, Loss/Theft and Blocking

  1. The Contracting Party must secure the eSIM profile.
  2. Loss/theft must be reported immediately; costs until blocking remain for the Contracting Party.
  3. Provider manages information security in accordance with ISO 27001 standards.

Article 16: Suspension, Set-off and Termination

  1. Termination only after notice of default and failure to remedy within reasonable time.
  2. Immediate suspension/termination possible in specified cases (misuse, non-payment, safety risk, permit withdrawal, force majeure, etc.).
  3. No right of set-off or suspension for Contracting Party.
    4–8.
    Consumers have a 14-day withdrawal right for distance/off-premises contracts; exercise must be timely and provable; withdrawal confirmation will be provided; the right lapses once performance has been completed with consent.

Article 17: Liability

  1. No liability for indirect or consequential damages. Direct damages capped at €1,000,000 in aggregate. No liability in force majeure.
  2. Exclusion includes business loss, lost profits, data loss, third-party service failures, network disruptions, unauthorized access, internet risks, hardware/software not supplied by Provider, delays, suspension, termination.
  3. Multiple claims are proportionally allocated within the cap.
  4. Claims must be reported within six weeks of discovery.
  5. Limitations apply broadly, except in cases of intent or willful recklessness by Provider’s management.

Article 18: Privacy Statement

Personal Data are processed in accordance with Provider’s Privacy Statement available at our privacy policy.

Article 19: Amendments

  1. Provider may amend conditions or Service for compelling reasons (legal, technical, economic).
  2. If detrimental to Consumers, termination before effective date is permitted unless change is legally mandatory.

Article 20: Termination and Suspension

  1. Provider may suspend or terminate in cases of misuse, fraud, serious breach, security risk, or operational necessity.
  2. Suspension does not release payment obligations.
  3. Deleting the eSIM profile does not constitute termination.
  4. Upon termination, all claims become immediately due; Provider may claim compensation for remaining term.
  5. Immediate termination in case of insolvency, suspension of payments, bankruptcy, or misuse.

Article 21: Complaints and Disputes

  1. Complaints may be submitted via app, website, or email.
  2. Provider aims to respond within a reasonable time, preferably within 24 hours.
  3. Consumers may submit disputes to the court if unresolved.
  4. Provider may also submit disputes to the court.

Article 22: Final Provisions

  1. Provider may assign rights and obligations; prior consent is granted.
  2. Provider may assign receivables.
  3. If a provision is invalid, remaining provisions remain effective.
  4. All legal relationships are governed by Dutch law.

Here you’ll find the terms that apply when purchasing and using a Whisper eSIM. We’ve kept the structure clear, so you can quickly find the information you need.