Chapter I Communications Service
Section 1 About the Communications Service
- The details of the Communications Service are as shown in the Appendix 1 provided to each Customer (defined below).
- The Company may change the content of the Communications Service. The content of the Communications Service may also be changed for reasons arising from the activities of Soracom, Inc., with which the Company has contracted for providing the Communications Service, and the mobile phone operator that provides services to Soracom ("Mobile Phone Operator").
Section 2 Service Area
- The service area covered by the Communications Service is the same as that of the Mobile Phone Operator. The Communications Service can be provided only to connected terminal devices located in the service area. However, communication may not be possible even within the service area if the device is in a location that radio waves have difficulty reaching, such as indoors, underground parking lots, behind buildings, in tunnels, and in mountainous areas.
- The Company assumes no responsibility whatsoever for any damages to customers who have agreed to these Terms and entered into a service agreement for the Communications Service ("Customers") that may arise as a result of using the Communications Service. However, this does not apply in the event of deliberate intent or gross negligence on the part of the Company.
Section 3 Effective Date, Term and Transmission Volume of Agreement
- The agreement regarding use of the Communications Service ("the Communications Service Agreement") will become effective upon the Customer's receipt from the Company of an SIM card required to use the Communications Service ("SIM Card"). Customers should note that each SIM Card has an activation deadline established by the Company; the activation procedure may not be performed after this date.
- Notwithstanding the provisions of the preceding paragraph, package purchase agreements will become effective upon transfer of the relevant package to the Customer after payment; packages for which the package purchase agreement has become effective may not be returned or exchanged.
- Once a Communications Service Agreement becomes effective, the Communications Service will be provided for the term and Transmission Volume set forth in the Appendix 1.
Section 4 Limitations on Transfer of Rights, etc.
- Customers may not transfer the SIM Card and/or their right to receive services based on the Communications Service Agreement.
- Customers may not resell the Communications Service or otherwise allow third parties to use the Communications Service.
Section 5 Limitations on Use
- In the event that a natural disaster, incident, or other state of emergency occurs or has the potential to occur, the Company may limit use of the Communications Service in order to prevent damages; to secure emergency aid, transportation, communications, and/or electrical power; and/or to prioritize communications necessary to maintain public order or achieve other public welfare aims.
- In the event that the Company detects telecommunications conducted using procedures or applications that continuously occupy large amounts of bandwidth, the Company may restrict the transmission speed and/or volume for that telecommunication by, for example, restricting the bandwidth allotted to that telecommunication.
- The Company may suspend or limit use of the Communications Service by any Customer when the Customer meets any of the following conditions.
- (1) The Customer is late paying fees or executing other obligations based on the Communications Service Agreement
- (2) The Customer provided false information to the Company
- (3) The Company determines that the Customer violated any of the provisions of Section 16
- (4) When the credit card specified by the Customer can no longer be used
- (5) The Company determines that the Customer violated these Terms
Section 6 Service Interruptions
- The Company may take the following actions in connection with the transmission of data in the Communications Service.
- (1) The Company may interrupt transmission in the event that the Company determines that a state in which the Customer's line can transmit data (this state hereafter called a “Session”) has continued for an extended period of time.
- (2) The Company may interrupt transmission in the event that the Company determines that a large volume of data was transmitted within the same Session.
Section 7 Customer Identification Number
- The Company will issue customer identification numbers to Customers. However, the issuance of customer identification numbers is not intended as a guarantee that the Customer may continue using the Communications Service.
- The Company may change the identification numbers of Customers of the SORACOM Air Japan service for any reason (including, but not limited to, technical reasons) deemed unavoidable for operating the Company's business.
Section 8 Suspension of Service Provision
- The Company may suspend provision of the Communications Service in any of the following circumstances.
- (1) When it becomes unavoidable to maintain the Company's telecommunications equipment and/or systems, or to perform construction work.
- (2) When the telecommunications operator ("Telecom Carrier") suspends provision of telecommunications services to the Company.
- (3) When the cloud provider suspends provision of cloud services to the Company.
- (4) When changing a customer identification number in accordance with the provisions of Section 7.
- When suspending use of the Communications Service in accordance with the provisions of the preceding paragraph, the Company will provide notification thereof beforehand on the Company's website, etc. However, this does not apply in emergencies or other unavoidable situations.
Section 9 Discontinuation of Service
- The Company may discontinue the Communications Service, either all or in part, in the event that it becomes unavoidable for technical reasons and/or for operating business.
Section 10 Customer's Right to Terminate
- The Customer may terminate the Communications Service Agreement by notifying the Company by the method prescribed by the Company. In such cases, the effective date of termination will be the day specified beforehand by the Company, or the day specified by the Customer in the relevant notification as the day termination is to take effect, whichever comes later.
- Notwithstanding the provision of the preceding paragraph, the Customer may terminate the Communications Service Agreement by notifying the Company, effective the day the Company received the relevant notification, in the event that the Customer can no longer use the Communications Service due to the circumstances set forth in Section 5, Section 6, or Section 8.
Section 11 Company's Right to Terminate
- The Company may terminate the Communications Service Agreement when a Customer meets any of the following conditions. In the event of termination, the Company will notify the Customer of such at a reasonable time.
- (1) Provision of the Communications Service to the Customer has been suspended or limited in accordance with the provisions of Section 5 and the Customer fails to rectify the causes of the relevant suspension.
- (2) When any of the provisions in the items of Section 5 is satisfied and the Company determines that the relevant event will interfere with operation of the Company's business in an appreciable way.
- (3) When the contract between the Company and the Telecom Carrier regarding the provision of mobile phone services to the Company is terminated by the Telecom Carrier.
- (4) When the contract between the Company and the cloud provider regarding the provision of cloud services to the Company is terminated by the cloud provider.
- In the event that the Communications Service is discontinued in its entirety in accordance with the provision of Section 9, the Communications Service Agreement will be terminated on the day of the relevant discontinuation.
Section 12 Issuance of SIM Card
- The Company will issue an SIM Card to the Customer for the Customer's own use. For this purpose, the number of SIM Cards to be issued will be one per Communications Service line.
- The Company may change the SIM Card it issues for any reason (including, but not limited to, technical reasons) deemed unavoidable for operating the Company's business.
- The Customer must comply with management obligations or any other obligations imposed on the Company by the Telecom Carrier regarding the SIM Card issued by the Company to the Customer. Any and all damages resulting from inadequate management, incorrect use, etc., of the SIM Card by the Customer are the sole responsibility of the Customer; the Company assumes no responsibility whatsoever for such damages.
Section 13 Returning an SIM Card
- Customers who have received issuance of an SIM Card from the Company must, in any of following circumstances, promptly return that SIM Card to the location and by the method specified separately by the Company.
- (1) When the Customer has ended the Communications Service Agreement because the Customer has stopped using the Communications Service, because the Communications Service Agreement with the Customer has been terminated, or for any other reason.
- (2) When the Company changes the SIM Card in accordance with the provisions of Section 12.
- (3) When the Company changes the customer identification number in accordance with the provisions of Section 7.
- (4) When the Communications Service Agreement has ended due to termination or any other reason.
- (5) Any other circumstance in which the Customer has stopped using the SIM Card.
Section 14 Terminal Devices
- The Customer must use a terminal that complies with the technical standards set forth by applicable laws and regulations, including Japan's Telecommunications Business Act and Radio Act, and that is supported by the Communications Service.
- In addition to the provisions of the previous paragraph, when connecting self-managed terminal equipment to the radio station of a foreign country (as provided for by Article 103-5 of the Radio Act), the Customer must request the Company to do so. The Company will approve of such use except in the following circumstances.
- (1) When the Company cannot verify that the relevant self-managed terminal equipment complies with the technical standards notified separately by the Minister for Internal Affairs and Communications corresponding to the technical standards set forth by Chapter III of the Radio Act.
- (2) When the relevant self-managed terminal equipment has not been approved for connection by the foreign telecommunications operator that has a roaming agreement with NTT DOCOMO, Inc.
- (3) When such connection satisfies the conditions set forth by Article 31 of the Ordinance for Enforcement of the Telecommunications Business Act.
- The Company may suspend use of the self-managed terminal equipment in the event that the self-managed terminal equipment connected to the Customer's line malfunctions or otherwise interferes with smooth provision of telecommunications services, when there is a ministerial order to temporarily suspend transmission of radio waves, or in other applicable circumstances.
Section 15 Measurement of Data Volume
- For the purposes of limiting use of or charging fees for the Communications Service in accordance with the data volume set by the Appendix 1, the Company will measure, using the Company's devices, the amount of data transmitted between the Company and the Customer's line. In the event that data (excluding data specified by the Company) does not reach the intended communication recipient (when communication is to a point of interface (POI), the POI will be regarded as the communication recipient) due to line failure or other reasons that cannot be ascribed to the transmitter or receiver, such data will be exempt from data volume measurement.
Section 16 Prohibited Actions
- In addition to those actions set forth by provisions other than those in these Terms, the Customer may not engage in any of the following actions.
- (1) Using a terminal that does not comply with the technical standards set forth by applicable laws and regulations, including Japan's Telecommunications Business Act and Radio Act.
- (2) Using a terminal not supported by the Communications Service.
- (3) Actions that, by continuously generating traffic in excess of limits specified by the Company, cause excessive loads to be placed on equipment and/or systems used for the Communications Service.
- (4) Using the Communications Service for viewing and/or obtaining child prostitution or child pornography; for sending spam e-mails, SMS messages, etc.; or for other purposes deemed inappropriate by the Company.
- (5) Transferring, succeeding, leasing, pledging, or otherwise providing as collateral to third parties information, either all or in part, provided by the Communications Service, including the status of Communications Service users ("Communications Service Information").
- (6) Reproducing, all or in part, Communications Service Information including the status of Communications Service users for use by third parties.
- (7) Allowing third parties (excluding other Customers) to handle the Communications Service and/or Communications Service Information.
- (8) Altering or falsifying Communications Service Information.
- (9) Using Communications Service Information in or for products or services provided by third parties.
- (10) Using Communications Service Information in or for products or services that infringe the Company's intellectual property rights.
- (11) Applying for intellectual property rights based on Communications Service Information.
- (12) Attacking servers that store Communications Service Information using unauthorized access, computer viruses, etc.
- (13) Conducting any form of analysis of the Communications Service, including reverse engineering, decompiling, and disassembling.
- (14) Requesting or forcing a third party to engage in any of the actions listed above.
Section 17 Service Fees
- The amounts and methods of calculating fees charged for the Communications Service provided by the Company ("Service Fees") are as set forth in the Appendix 1.
Section 18 Payment Obligations Regarding Service Fees
- The Customer assumes obligation to pay the Service Fees stipulated in this fee chart from the starting date of provision of the Customer's line by the Company based on the Communications Service Agreement.
- The Customer assumes obligation to pay the Service Fees after the Company begins to provide the Customer's line based on the Communications Service Agreement even if conditions arise wherein the Customer can or will no longer use the Communications Service in accordance with Section 7, Section 8, or Section 5.
Section 19 Method of Service Fee Payment
- The Customer will pay the Service Fees by the method and day specified by the Company.
Section 20 Interest on Late Payments
- Customers who fail to pay the Service Fees and other payment obligations based on the Communications Service Agreement (excluding interest on late payments) by the payment due date will be required to pay interest calculated at a 14.5% annual rate for the number of days from the next day of the payment due date to the day prior to the day of payment.
Section 21 Loss of Time Benefit
- In the event of any of the conditions set forth below, the Customer will automatically lose the benefit of time for all Service Fees and any other debts to the Company and must immediately pay off such debts to the Company. Furthermore, if any of the conditions set forth below are not rectified, the Customer must immediately pay off any debts assessed by the Company that arise after the occurrence of the relevant conditions.
- (1) When the Company determines that the Customer has fallen into insolvency.
- (2) When bankruptcy proceedings, company reorganization proceedings, civil rehabilitation proceedings, or other legal bankruptcy proceedings have been commenced for the Customer.
- (3) When a draft or check connected to the Customer is dishonored.
- (4) When an order or notice of provisional attachment, provisional disposition, provisional registration, preservative attachment, attachment, compulsory execution, preservative measures, auction petition, or tax delinquency disposition concerning the Customer's property has been issued.
- (5) When the Customer's telecommunications business registration or notification has been terminated.
- (6) When the Customer discontinues its telecommunications business in its entirety.
- (7) When the Customer's address is unknown.
- (8) When any other condition arises which is determined to interfere significantly with the Company's business continuity.
Section 22 Compensation
- The Company and the Customer shall, in the event that either party causes damages to the other party by violating the obligations set forth in these Terms, assume responsibility for compensating for the damages caused to the other party as a result of the relevant violation, except where excluded separately by these Terms.
Section 23 Limitations of Liability
- The Company assumes no responsibility in the event that the Communications Service and ancillary services become unusable due to conditions attributable to a third party.
- In the event that, due to conditions attributable to the Company, the Communications Service becomes completely unavailable in instances when the Company is obligated to provide the Communications Service, and the unavailability continues for more than 24 continuous hours from the time the Company becomes aware of its unavailability ("Unavailable Hours"), the Company will, if requested by the Customer, reduce the amount of Service Fees from the amount billed to the Customer based on the number of days obtained by dividing the Unavailable Hours by 24 (rounded down to the nearest integer), in accordance with the Customer's request. However, the Customer will lose this right if the Customer fails to make the relevant request by the day three months following the day the Customer becomes aware of the unavailability. This does not apply, however, in the event of deliberate intent or gross negligence on the part of the Company.
- In the event that the Company becomes liable for damages to the Customer, regardless of the reason, the Service Fees of the applicable agreement will serve as the upper limit of the liability. However, this does not apply in the event of deliberate intent or gross negligence on the part of the Company.
- Notwithstanding the preceding paragraphs, in the event that the Communications Service becomes unavailable due to conditions attributable to the Telecom Carrier and/or cloud provider, the Company will assume responsibility for damages (limited to actual, ordinary damages; does not include lost earnings and indirect damages) to the Customer up to the amount of compensation for damages received from the Telecom Carrier and cloud provider.
- The Company assumes no responsibility whatsoever for lost earnings, and/or costs arising from failure to provide the Communications Service, including costs necessary to receive, respond to, or otherwise handle inquiries to the Customer from the other third parties; requests, etc., for mechanical repairs; or other complaints. Moreover, the Customer may not bill the Company for such lost earnings, costs, etc.
- Information, etc., stored in telecommunications equipment or systems may be altered or lost in the course of repairing, restoring, etc., such equipment or systems. The Company will not compensate the Customer for any damages that may happen as a result, except when such damages arise due to the deliberate intent or gross negligence on the part of the Company.
Section 24 Other Terms
- In the event that any of the provisions in these Terms is deemed illegal and therefore invalid or unenforceable, all clauses other than the applicable provisions shall remain fully valid and enforceable.
- The Company's rights arising from these Terms shall remain in full force and effect unless the Company expressly notifies the Customer that it waives such rights.
Chapter II Membership
Section 1 WAmazing Membership
- By agreeing to these Terms, individuals who have completed membership registration by the prescribed method ("Members") can use various services ("the Services") provided by J-tips, INC. ("the Company") or companies in partnership with the Company in accordance with conditions set forth by the Company. However, use of some services may require separate registration of items set forth by the Company.
- Members may not transfer, lease, provide as collateral, or otherwise divest any and all rights acquired from the Company through their status as Members and through their use of the Services.
Section 2 Scope of Application of These Terms
- These Terms apply to all Members who use the Services.
- Because these Terms may be changed as necessary without prior notice to Members, please be sure when using the Services to read the latest version of these Terms presented therein.
- In the event that a Member uses the Services after the Company changes the content of these Terms based on the preceding paragraph, that Member is considered to have agreed to the changes to these Terms.
- Any and all additional individual terms, conditions, precautions, etc., presented in the Services that apply between the Company and Members in connection with the Services constitute part of these Terms.
Section 3 Member Registration Procedure
- Membership eligibility
Individuals who have agreed to these Terms and performed member registration by the prescribed method will gain status as a member after the predetermined registration procedure is completed. The Company may deny membership to any individual who has previously had their member status revoked or is otherwise judged unsuitable for membership.
- Entering information during member registration Please abide by the following when registering for membership.
- (1) Carefully read all entry-related cautions during the member registration process and fill out honestly and accurately the required items in the designated entry form.
- (2) The member registration procedure should be carried out by the person applying for membership. Registration by proxy is not allowed under any circumstances.
- (3) The e-mail address entered during member registration should be the Member's own address. Applications that register another person's e-mail address will be denied.
- (4) Only one account and/or user ID may be created and held per user.
Section 4 User ID and Password Management
- Members are solely responsible for managing their own user IDs and passwords. Verification, by a predetermined method, that the user ID and password entered match those registered will be recognized as an act of use by the Member. The Company assumes no responsibility whatsoever for any damages arising from use by persons other than the Member due to the theft or unauthorized use of their user ID and password, or other such circumstances.
Section 5 Changing Registration Information
- In the event of a change in registered information, Members should promptly edit their registration information. The company assumes no responsibility whatsoever for damages arising from failure to perform registration changes. Furthermore, even when registration information is changed, transactions processed prior to the change will be executed based on the information registered at that time. For such transactions, in the event that it becomes necessary to notify an entity providing a product or service ("Service Provider") subject to the transaction of a change in the content of registered information, Members should contact the Service Provider directly.
Section 6 Withdrawing Membership
- Members who wish to withdraw their membership should contact the Company. Withdrawal becomes effective upon completion of the prescribed withdrawal procedure.
Section 7 Indemnification
- Please contact Service Providers directly for questions regarding the Service Providers themselves, the details of transactions with Service Providers, products and services offered, the details and various content presented on Service Provider pages, and handling of personal information by the Service Providers. The Company provides no guarantee whatsoever of the truthfulness, accuracy, currency, usefulness, reliability, legality, or non-infringement of third-party rights concerning these matters.
- The Company assumes no responsibility whatsoever for system suspensions, delays, interruptions, or loss of data caused by damage to network connections, computers, etc.; damages arising from unauthorized access to data; or any other damages to Members in connection with the Company's services.
- The Company provides no guarantee that the content of e-mail sent from the Company's webpages, servers, domains, etc., does not contain computer viruses or other malicious software.
- The Company may from time to time provide information, advice, etc., to Members and Service Providers, but assumes no responsibility as a result of doing so.
- The Company assumes no responsibility whatsoever for any damages arising from the violation of these Terms, etc., by Members.
- The preceding five paragraphs do not apply in the event of deliberate intent or gross negligence on the part of the Company.
Section 8 Prohibited Behavior
- Members are prohibited from engaging in any and all actions listed below when using the Services.
- (1) Violating laws, regulations, and/or these Terms
- (2) Harming the rights, financial health, good reputation, etc., of the Company, Service Providers, and other third parties
- (3) Engaging in actions that potentially have a negative impact on the physical and mental wellbeing of children and youth, and other actions in violation of public order and decency
- (4) Engaging in actions that are troublesome or unpleasant to other users and other third parties
- (5) Entering falsified information
- (6) Sending or posting malicious computer programs, e-mails, etc.
- (7) Accessing the Company's servers or other computers without authorization
- (8) Leasing, transferring, or otherwise sharing a user ID and password to/with third parties
Section 9 Representation and Warrantee Against Antisocial Force/Group
- Members represent and warrant that they are not part of any gang, gang-affiliated enterprise or group, or other criminal organization (collectively "Antisocial Force/Group") and are not under the control or influence of an Antisocial Force/Group.
- The Company may unilaterally revoke the membership of any Member that is reasonably considered to meet any of following items.
- (1) The Member is part of an Antisocial Force/Group
- (2) An Antisocial Force/Group is materially involved in management
- (3) The Member is using an Antisocial Force/Group
- (4) The Member is providing funds or granting favors to, or is otherwise involved in, an Antisocial Force/Group
- (5) The Member has a socially reprehensible relationship with an Antisocial Force/Group
- (6) The Member has personally or through a third party used deception, violent behavior, or threatening language toward another person
- Members that meet any of the items in the preceding paragraph assume responsibility for compensating the Company for any damages it suffers as a result of the applicable membership revocation, and may not seek compensation from the Company for damages personally incurred.
Section 10 Handling of Member Information
Section 11 Using the Services
Section 12 Interruption, Suspension, etc., of the Services
- To continuously provide the services in a satisfactory manner, the Company may take any and all necessary actions, including interrupting or temporarily suspending provision of the services, all or in part, in any of the following circumstances and without prior notification: when conducting routine or emergency system maintenance; when excessive load is placed on the system; when the Company judges that not doing so may interfere with service operation; when the need arises to ensure Member security; and in other situations judged necessary by the Company. The Company assumes no responsibility whatsoever for damages to Members arising from such actions. However, this does not apply in the event of deliberate intent or gross negligence on the part of the Company.
Section 13 Cancellation or Revocation of Membership
- In the event that a Member is considered to meet any of the items below, the Company may suspend use of the Services by that Member, change the Member's user ID and password, and/or revoke the Member's membership without prior notification. The company assumes no responsibility whatsoever for any and all damages to the Member that arise as a result. However, this does not apply in the event of deliberate intent or gross negligence on the part of the Company.
- (1) The Member acted in violation of laws, regulations, these Terms, etc.
- (2) The Member acted inappropriately in connection with use of the Services
- (3) When it becomes necessary to ensure the Member’s security, such as when an incorrect password was entered more than a certain number of times
- (4) Other circumstances judged appropriate by the Company
- In addition to the preceding paragraph, in the event that a Member does not perform a login procedure a minimum number of times within a given period set by the Company, the Company may change that Member's user ID and password or revoke the Member's membership without prior notification.
Section 14 Service Changes and Discontinuation
- The Company may from time to time and at its sole discretion change or discontinue the Services, all or in part.
Section 15 Governing Language, Law, and Jurisdiction
- These Terms will be governed by and construed in accordance with Japanese version of these Terms and the laws of Japan. Any and all disputes arising from or in connection with these Terms shall be subject to the exclusive original jurisdiction of the Tokyo District Court.
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