Terms of Service

Last updated: October 10, 2026

These Terms of Service (“Terms”) are a binding agreement between you and LamaTech, LLC, trading as “Avena”, about your use of the Avena website, apps and eSIM data plans. By creating an account or buying a plan you accept these Terms, our Privacy Policy, our Cookie Policy and our Purchase, Cancellation and Refund Policy (the “Policies”). If you do not agree, do not use the Services.

1. Definitions

“Applicable Law” means every law and regulation that applies to you, us or the Services.
“Affiliate” means a company that controls, is controlled by or is under common control with Avena.
“Avena Credit” means prepaid credit held in your account. It has no cash value and can only be used in the app for Plans and eSIM Services.
“eSIM” means the digital SIM profile we issue to your account and install on a compatible device.
“eSIM Services” means services linked to your eSIM other than data, such as moving it to a new device or renewing an eSIM profile that has used all of its installs.
“Plan” means a prepaid, data-only package with a set data amount (or a daily quota for daily unlimited plans) and a validity period, for one or more destinations.
“Provider” means the carriers, network operators and eSIM partners that deliver connectivity.
“Services” means the website, the apps, the eSIM, Plans, eSIM Services and Avena Credit.

2. The Services and fees

2.1 Avena lets you buy, install and manage data-only Plans on an eSIM in the Avena app. Fees are shown in the app before you pay.

2.2 We update the app and the Services from time to time. Some updates happen automatically.

2.3 You need a compatible device, a recent operating system and an internet connection to buy and install a Plan.

2.4 Device requirements. Your device must support eSIM and must not be locked to a carrier. See our compatible devices page. You are responsible for checking this before you buy. Your account has one eSIM, which can be installed on one device at a time and reinstalled a limited number of times.

2.5 Data and validity. A Plan’s validity starts when it is first used on a supported network. When a Plan’s data runs out, data stops even if validity remains, until you buy another Plan. On daily unlimited Plans, speed is reduced after the daily quota until the next day. No refunds are given for used-up data, except where Applicable Law requires.

2.6 Providers. Connectivity is delivered by Providers over their networks. Avena sells you the Plan but does not control those networks, and is not responsible for a Provider’s performance except where caused by our own breach.

2.7 Provider changes. If a Provider raises its costs significantly, stops a service or makes delivery impractical, we may change, suspend or stop the affected Plans. Where you have an affected Plan that has not been used, we offer a refund or Avena Credit for it, in line with the Purchase, Cancellation and Refund Policy.

2.8 Lawful use. You are responsible for making sure that buying and using the Services is lawful where you are. We make no promise that the Services are legal in every country.

2.9 We may change, suspend or stop any part of the Services, with or without notice, subject to your rights under Applicable Law.

2.10 Limits. Plans are data only. They do not include calls, SMS or a phone number. We do not guarantee network availability, coverage, speed or uninterrupted service.

2.11 Fair use and network management. Providers may manage traffic to keep networks working and prevent fraud. Plans are for reasonable personal use. Excessive or abnormal use may lead to reduced speed, restrictions on tethering or temporary suspension.

3. Your representations

3.1 You confirm that you are of legal age to enter into these Terms where you live (18 in most countries), will use the Services lawfully and for yourself, will give accurate information, and are authorised to use the payment method you add. If you are under that age, you may use the Services only with the consent and supervision of a parent or legal guardian, who accepts these Terms on your behalf and is responsible for any purchase. The Services are not intended for children under 13, and children under 13 may not create an account.

3.2 We may suspend or close your account if any of these statements is untrue or you break these Terms.

3.3 You alone are responsible for complying with the laws that apply to your use of the Services.

4. Purchases, payment and activation

4.1 How you buy. Plans are one-time purchases with a fixed price, data amount and validity. There are no subscriptions and nothing renews automatically.

4.2 Daily unlimited Plans are subject to the fair use rules in section 2.11 and the daily quota shown before you buy.

4.3 Avena Credit. You can add Avena Credit with a card and use it in the app for Plans and eSIM Services. Avena Credit has no cash value, cannot be transferred or withdrawn, and does not expire. Promotional credit, such as coupons and referral rewards, has no cash value, is never refundable, and may be removed if it was obtained through abuse, for example self-referrals or fake accounts.

4.4 Payment. Payments are processed by Stripe by card, or with Apple Pay or Google Pay where available. Payment is complete when Stripe confirms it. Stripe and your bank may run fraud checks or ask for verification such as 3-D Secure.

4.5 Prices. Prices are charged in US dollars. Prices shown in other currencies are for convenience only. The amount shown at checkout is binding. Fees are charged when you confirm the purchase.

4.6 Refunds and cancellations are governed by our Purchase, Cancellation and Refund Policy, which prevails over these Terms on those topics. In short: an unused Plan can be refunded within 30 days; a Plan that has started is not refundable except where the service failed on our side or Applicable Law requires.

4.7 Withdrawal rights (EU and UK). If you are a consumer in the EU or UK, by asking us to deliver a Plan to your eSIM straight away you request immediate performance. Once the Plan has started, the right of withdrawal ends. Until then, the 30-day refund in section 4.6 applies.

4.8 Chargebacks. If a payment is disputed or reversed, we may suspend the related Plans or your account and offset the amount against your Avena Credit, subject to Applicable Law.

4.9 Device issues. Refunds are not available because a device is incompatible, locked, changed, lost, stolen or reset, once the Plan has started. Contact support and we will look at your case.

4.10 Account. You create an account with your email, or by signing in with Apple or Google. Keep your account and device secure. You agree to receive service messages about your account and Plans.

4.11 Installation. After purchase you install the eSIM from the app on a compatible, unlocked device with a working internet connection, and turn on data roaming for the Avena line. We are not liable for failed installs caused by your device, its settings or carrier restrictions.

4.12 Moving and reinstalling. Your eSIM can be reinstalled a limited number of times. Moving it to another device or renewing a profile that has used all its installs costs the fee shown in the app (currently USD 1), paid from Avena Credit. Your Plans move with the eSIM.

4.13 Taxes. Prices include the taxes we are required to charge, if any. You are responsible for any other taxes or duties that apply to you.

5. Termination

5.1 We may change, suspend or stop the Services where reasonably necessary for legal, regulatory, security, fraud prevention, network, Provider, technical or business reasons. We tell you about material changes where reasonably possible. Unused Plans and credit are handled under the Purchase, Cancellation and Refund Policy.

5.2 We may restrict, suspend or close your account immediately if you seriously break these Terms, we suspect fraud or abuse, a payment is reversed, your account appears compromised, a Provider or authority requires it, or continued access creates legal, security or network risk.

5.3 You can close your account at any time in the app (Profile › Danger zone › Delete account) or on our account deletion page. Deletion is immediate and final. Remaining Avena Credit is forfeited, so ask support for a refund of unused purchased credit first. Deleting the app or the eSIM does not delete your account.

5.4 We do not have to disclose the confidential risk and security criteria behind decisions to restrict accounts.

5.5 To the extent permitted by law, we are not liable for losses caused by a suspension or termination made under these Terms. When your account ends, your rights to use the Services end.

6. Force majeure

We are not liable for delays or failures caused by events outside our reasonable control, such as natural disasters, war, terrorism, pandemics, government action, large-scale power, internet or telecom outages, cyberattacks or the failure of a Provider relationship that we could not reasonably avoid. Affected obligations are suspended while the event lasts. This does not remove refund or consumer rights that Applicable Law guarantees.

7. Entire agreement

These Terms and the Policies are the entire agreement between you and us about the Services. Nothing in them excludes liability for fraud.

8. Changes to these Terms

We may update these Terms by publishing a new version with a new date. We tell you about material changes in the app or by email before they take effect. Changes do not apply to purchases already completed.

9. Waiver

If we do not enforce a right straight away, we have not given it up.

10. Assignment

You may not transfer your rights or obligations under these Terms without our written consent. We may transfer these Terms to an Affiliate, or as part of a merger, reorganisation or sale of the business, as long as your rights are not materially reduced. We may use subcontractors without transferring the contract.

11. Severability

If a provision is found invalid or unenforceable, it is limited to the minimum extent needed and the rest of the Terms stay in force.

12. International availability

Plans, features and languages vary by country and may change. The Services are not offered where we are not allowed to offer them.

13. Privacy

How we handle personal data is described in our Privacy Policy. We use technical and organisational measures to protect it, but no system is completely secure. Keep your device and account secure and tell us promptly if you suspect unauthorised access.

14. Code of conduct

14.1 The Services are for personal, non-commercial use. You must not:

use them for unlawful activity, fraud, money laundering or terrorism;
disrupt the Services or other users, or put an unreasonable load on our systems;
access our systems or content without permission;
copy, reverse engineer or decompile the app, or build products on top of the Services;
use bots, scrapers or other automated tools;
resell, share or sublicense Plans or eSIM access, except where we allow it;
abuse coupons, referrals or promotions, or open fake accounts;
bypass payment, metering or usage controls;
remove copyright or other notices;
export the Services to prohibited countries or people.

14.2 Breaking these rules can lead to suspension, account closure and a claim for damages.

14.3 We may monitor for, investigate and report suspected unlawful or fraudulent activity to Providers and authorities, as described in our Privacy Policy.

14.4 Sanctions. You confirm that you are not located in, resident in or using the Services from a country under comprehensive sanctions, and that you are not on any US, EU, UK or other sanctions list. We may refuse or cancel transactions that would break sanctions or export control laws.

15. Risks

Installation, data and coverage can be degraded or unavailable because of congestion, maintenance, Provider restrictions or technical events.
Information about compatibility, coverage and Providers may sometimes be incomplete or out of date.
We rely on Providers. Changes to their terms, outages or regulatory action may affect, change the price of or end some Plans.
Your purchased Plans appear in the app under My eSIM and in your order confirmation email.
An installed eSIM is tied to one device and moving it is limited (see section 4.12).

We do not guarantee that the Services will always be available or uninterrupted.

16. Your obligations

Follow these Terms and take responsibility for activity on your account.
Give true, accurate and current information and keep it updated.
Keep your account and sign-in methods secure.
Follow the laws of the places where you live and use the Services.
Use the Services for your own personal use only.
Not use the Services in a way that is abusive, illegal or harms the networks.
Not abuse credits, coupons or referrals.

17. Indemnification

You agree to defend and indemnify LamaTech, LLC, its Affiliates, officers, employees and partners against third-party claims and regulatory actions arising from your breach of these Terms, your unlawful or abusive use of the Services, or your violation of anyone’s rights. This does not apply to the extent a claim is caused by our own fraud, wilful misconduct or negligence, or where Applicable Law does not allow it.

18. Intellectual property

The website, apps, brand, logos, text, graphics, software and other content belong to LamaTech, LLC or its licensors. We give you a limited, personal, revocable right to use them to use the Services. You may not copy, republish, distribute, frame, link to in a misleading way, reverse engineer or otherwise exploit them, or build applications that connect to our Services, without our written permission.

19. Disclaimer of warranties

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, SECURITY AND UNINTERRUPTED OPERATION. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR NEEDS, WORK WITH EVERY DEVICE OR NETWORK, OR BE FREE OF ERRORS OR HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR THIRD-PARTY CONTENT OR SERVICES. INTERNET AND MOBILE NETWORKS ARE NOT COMPLETELY SECURE. SUPPORT IS PROVIDED AT OUR DISCRETION. THIS DOES NOT AFFECT WARRANTIES THAT THE LAW DOES NOT ALLOW US TO EXCLUDE.

20. Limitation of liability

20.1 To the extent permitted by Applicable Law, LamaTech, LLC and its Affiliates, officers, employees and licensors are not liable for indirect, incidental, special, punitive or consequential loss, or for loss of profit, revenue, data, goodwill or business opportunity.

20.2 Our total liability for all claims relating to these Terms or the Services is limited to the greater of (a) the fees you paid us for the specific Services giving rise to the claim in the one month before the claim, or (b) USD 5.

20.3 Nothing in these Terms limits liability that cannot be limited by law, including for death or personal injury caused by negligence, fraud or wilful misconduct, or your mandatory consumer rights.

20.4 We are not liable for losses caused by your own actions, device or connection, by Providers’ independent acts or outages, or by commercial use of the Services contrary to these Terms.

21. Governing law and jurisdiction

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws rules. The courts located in Delaware have jurisdiction over disputes arising from these Terms. If you are a consumer, you keep the protection of the mandatory laws of your country of residence and may bring proceedings in your local courts where the law gives you that right.

22. Third-party content

The Services may link to or show content from third parties. We do not control or endorse it and are not responsible for it. Using third-party sites or apps is at your own risk and under their terms.

23. Language

These Terms are written in English. If a translation conflicts with the English version, the English version prevails.

24. Notices

We send notices by email to the address on your account or in the app. Keep your email address up to date. You can send notices to [email protected].

25. Third-party rights

Our Affiliates and the people listed in sections 17, 19 and 20 may rely on those sections. No one else has rights under these Terms, and we can change them without anyone else’s consent.

26. Subcontracting

We may use Affiliates, Providers, payment, hosting and other service providers to deliver the Services. This does not create a contract between you and them, and does not reduce our responsibility where the law says we keep it.

27. Survival

Provisions that by their nature should continue after your account ends continue, including payment obligations, intellectual property, indemnification, disclaimers, limitation of liability and governing law.