These terms and conditions apply to DeviceSIM Prepaid subscriptions offered by Elisa. Elisa provides the customer with rights to use a mobile subscription with limited properties against a pre-payment made by the customer ("the Service"). In these terms and conditions, "customer" refers to both consumer and corporate customers. Additionally, Elisa's service description apply.

The agreement is established when the customer registers for using the Service as described in the user guide. Service activation does not require that the customer’s identity is verified. The SIM card required for using the Service is the property of Elisa. Elisa has the right to select the mobile number used by the customer. The mobile number will remain in the possession of Elisa even after the end of the agreement. The mobile phone number cannot be transferred to another telecom operator. Elisa has the right to change the mobile number used by the customer if so required by official regulations or structural, technical or service-related factors in the mobile network.

The Service will close and the agreement will end when the validity period of the Service ends as referred to in the user guide or sales package. Elisa has the right to close the Service without giving any separate notification to the customer if twenty-four (24) months have passed from the most recent top-up of package. Elisa has the right to close the customer’s Service if the Service is used, contrary to its purpose of use, for illegal activities or activities not in accordance with good practices, or the authorities require that the Service be closed. If the Service is closed, any unused call time, balance or package will not be returned or credited.

Basic service features include data transfer, limited amount of text messages (SMS) and multimedia messages (MMS), unless otherwise specified in the agreement, user guide or the service description of the subscription or Service. The customer is also responsible for the use of the services if they transfer or distribute the services to third parties. Elisa can carry out traffic management in its network.

1. 4.1 Service quality and features

   Elisa defines the fundamental quality and features of the communications service it provides in its service description and/or in another contractual document given to the customer. Elisa assumes no responsibility for material obtained through or by means of the service, the functioning or availability of the material, or the customer's right to use it, unless the material has been provided by Elisa.

   The customer is entitled to use the services provided by Elisa as described in the agreement and the operating instructions. The customer must not utilize the service as part of their own service, product or business. The customer is not entitled to modify, repair or do maintenance on the service or subscription without the telecommunications operator's consent.

   The customer must exercise special care in keeping the subscription and the service safe and in protecting and using them, as the subscription and services can be used for various operations, such as for purchasing digital content or products. The customer must always ensure that the smart cards (e.g. SIM or conditional access card) and devices associated with the subscription or service are protected with identifiers (e.g. PIN code, security code, username, password), and that these personal identifiers are kept separate from the smart cards and devices in order to prevent outsiders from gaining access to them. The customer must change the default identifier of the smart card and device, even if the customer does not use the subscription, service or device. The smart card and its identifier or the device and its identifier must not be kept in the same place, e.g. in a wallet, bag or box, and the customer must carefully ensure that they remain safe. If an outsider finds out the identifier, it must be changed immediately. If a smart card or device is lost or stolen, the customer must immediately contact the telecommunications operator’s customer service. The customer must ensure that their use of the service and their devices and software are protected with sufficient information security measures and also that barring, spending limit and balance limit services are used with their communications service, if necessary. Relevant information security measures include purchasing and updating antivirus and firewall software, updating the operating system and other software, and other necessary actions of a similar nature. The customer uses the service at their own risk. However, Elisa provides basic information and guidance on information security in relation to its service.

2. 4.2 UNLAWFUL USE OF A COMMUNICATIONS SERVICE

   Unlawful use of a communications service refers to a situation where a third person uses the customer’s communications service, or another service by means of it, without the customer’s consent. The customer is responsible for such unlawful use only if it is due to the customer’s more than slight negligence. Corporate Customer shall be liable for unlawful use even in the case of slight negligence. The customer is not responsible for such unlawful use of a communications service after Elisa has received the customer’s notification of a lost device or of unlawful use. To avoid being held responsible for charges resulting from unlawful use, the customer must submit such a notification immediately by calling the number specifically provided for this purpose by Elisa or through another channel specifically provided by Elisa for this purpose. Elisa is obligated to close the communications service or prevent the use of the terminal device immediately after its receipt of such a notification. Elisa can ask the customer to submit a copy of the police report or of the preliminary investigation protocol in order to assess the standard of care observed by the customer. If a terminal device has been used for a payment transaction within the meaning of the Payment Services Act, the customer’s responsibility for unlawful use is subject to the provisions of the Payment Services Act.

   Key factors affecting the operation of the service There may be shadow areas and local or temporary interruptions or deceleration in the operation of the services for reasons related to radio technology, data transmission and the characteristics of public communications networks. The operation of the services is influenced by various factors, including the type and condition of the terminal device used by the customer, weather conditions, contours of the terrain, buildings and the structures used as well as maintenance operations. The services and the related software may have minor technical faults that do not substantially affect their use. For the above reasons, Elisa cannot guarantee uninterrupted operation of the services everywhere within the network coverage area.

Elisa's price list valid at each time applies to recharging packages. The valid price list and terms and conditions are available at devicesim.elisa.com. The customer is responsible for ensuring that the package is topped up for the correct subscription number. Any balance topped up using the topping-up service cannot be cancelled after the customer has approved and paid the charge. Furthermore, any balance topped up cannot be cancelled if it was accidentally topped up for an incorrect subscription. Elisa does not credit any unused data volume, balance, package or call time topped up or received through a campaign. If there is no balance, the Service cannot be used to carry out any paid activities.

Elisa has the right to send up-to-date information to the customer about products, customer benefits and special offers of Elisa, its partners or other parties selected by Elisa via email. The customer can disable the receipt of such messages. Elisa may handle the subscription's identification and location data for the implementation and use of services, for invoicing and technical development, and marketing purposes in accordance with valid legislation. The data to be processed includes the mobile device type and other information related to the device, subscription location data, and other identification data related to communication and the use of services (such as subscription numbers), as well as the time and duration of connections. Identification and location data is processed as long as the aforementioned actions so require.

Due the nature of DeviceSIM the usage is limited to the following countries: Finland, Sweden, Norway, Denmark, Estonia, Lithuania and Latvia.

The customer is responsible for the purchase, installation and introduction of the necessary equipment and software as well as for their information security, protection and updates. The customer is also responsible for the internal communications network of the building and any work related thereto as well as for the purchase of additional security and protection systems for their equipment and software, unless otherwise agreed. The customer is responsible for ensuring that the equipment and software that do not fall under Elisa's responsibility are approved, operational and compliant with laws and regulations.

The customer is obligated to pay Elisa the charges that have been agreed for the service or that are indicated in the price-list valid at any given time. The customer is obligated to pay the charges regardless of whether they have used the service themselves or placed it at the disposal of another user. Unless otherwise provided, Elisa decides on the charges for its services, on the due dates, on the billing periods, and on the methods of paying and sending the bills. Elisa can also invoice the customer for the charges of other telecommunications operators and service providers used through its service, if this has been agreed on with the said telecommunications operator or service provider. The charges are invoiced in accordance with the price-list of the said telecommunications operator or service provider. If services subject to an extra charge can be used on the subscription, the customer is also responsible for these charges. Pursuant to the Information Society Code, a customer who is entitled to withhold payment or to receive a refund, damages or other monetary compensation from a business undertaking due to the latter's breach of agreement has the same right in relation to Elisa that has charged the customer for the commodity. However, Elisa is not obligated to pay the customer more than what it has received from the customer in payments. Elisa is entitled to invoice a fixed basic charge as specified in the price-list or in the agreement for keeping the service available for use. If the service has been closed or the use of the service has otherwise been restricted for a reason attributable to the customer, or because of an obligation of the telecommunications operator, the customer must pay the charges based on the agreement, such as the basic charges and any usage charges that are due, even though the subscription has been closed, the use of the service has otherwise been restricted, or the service has not been provided for a reason attributable to the customer. Elisa has the right to change the charges and the basis for their calculation in accordance with the same principles that are applied to amending the terms and conditions of agreement.

Elisa has the right to amend the terms and conditions of the agreement, the features of the service and the charges, provided that the amendment is not to the customer's detriment. Elisa has the right to amend the terms and conditions, service features and charges of a service agreement valid until further notice to the customer's detriment, provided that, as a whole, the content of the agreement does not substantially change, if such an amendment is due to:

• reformation or harmonization of the agreement, pricing or customer service arrangements, such as corporate or business restructuring;
• changes in relevant production costs or cost structures;
• changes due to services provided by third parties, such as the expiry or amendment of a service agreement;
• discontinuation of the provision of the telecommunications operator's service or its feature;
• changes in interconnection traffic practices;
• development or modernization of services or communications networks, such as replacement of outdated technology;
• protection or development of the privacy or financial security of a customer or customer groups;
• technical system upgrades;
• material unforeseen changes in traffic volumes or patterns;
• substantial and permanent changes in the market situation or demand for the service;
• safeguarding the continuity and service level of operations, such as preparations for exceptional circumstances or the maintenance, development or alteration of data protection or information security.

Elisa has the right to amend the section of the agreement that is directly or indirectly affected by the grounds for the amendment. Elisa also has the right to amend the terms and conditions, service features or charges of a service agreement valid either until further notice or for a fixed term to the customer's detriment when the underlying reason for the amendment is a change in legislation or a decision by the authorities, such as a change in taxes or other public levies affecting the agreed price.

Elisa also has the right to make minor amendments to the terms and conditions of the agreement, the services and the charges, provided that the amendments do not affect the fundamental content of the agreement. Such amendments include, for example, measures affecting the technology or visual appearance of a service. Furthermore, as regards a service other than a communications service, Elisa has the right to amend the terms and conditions, service features and charges of an agreement valid until further notice to the customer's detriment for some other particular reason following a material change in circumstances. Elisa has the right to amend terms and conditions, payment criteria, prices and special terms or Service.

Elisa will compensate the customer for any direct damage caused by a delay or defect in the service. Elisa is liable for consequential damage, such as material loss of the benefit of use or loss of income, only if the damage is caused by the telecommunications operator’s negligence in fulfilling the agreement. The customer must provide evidence of the damage caused. Elisa is not liable for consequential damage incurred by the customer in connection with actions not taken in private use, or for damage caused by actions taken by the customer or another person using the service. No compensation is due solely for the trouble caused by the incident, such as the use of one's own time.

The customer must take such action that can be reasonably expected of them to prevent or limit damage that has occurred or that is threatening to occur. If the customer fails to take reasonable action to prevent or limit the damage, they will bear that portion of the damage that has been caused by actions falling under their responsibility.

The customer has the right to take legal action against Elisa before the district court in Finland within the judicial district of which the customer has their domicile or permanent place of residence, or within the judicial district of which Elisa has its registered office or where its administration is primarily conducted. In any other cases, the place of jurisdiction is regulated by the Code of Judicial Procedure. If there is no other competent court of law in the matter, any disputes related to the agreement are heard before the District Court of Helsinki. The customer also has the right to submit a dispute related to the agreement to the Consumer Disputes Board, the decisions of which are recommendations in nature.