Article 1: Application
- These terms and conditions (hereinafter referred to as "this Agreement") shall uniformly apply to all contracts between the customer/user and the Company regarding the eSIM service provided by the Company (hereinafter referred to as "the Service").
- In addition to this Agreement, the Company may establish separate rules and regulations (including rules for use and other provisions), which shall constitute a part of this Agreement. These rules and regulations shall be deemed as part of this Agreement regardless of their name.
- In the event of any conflict between the provisions of this Agreement and those of the aforementioned rules and regulations, unless otherwise specified, the provisions of the rules and regulations shall prevail. Please ensure that you also review them.
Article 2: Conditions and Restrictions for Use
2.1 Conditions of Use
- Users wishing to contract or use the Service must agree to this Agreement and begin using the Service under the conditions specified by the Company.
- The Service is available only to users who have entered into an Kawaii eSIM usage contract with the Company.
- The Company reserves the right to refuse approval to users if any of the following conditions are met, without any obligation to disclose the reason:
- If the user has provided false information during the application process.
- If the user has previously violated this Agreement.
- If the Company deems the use of the Service inappropriate for any other reason.
2.2 Restrictions on Use
- The Company may delay or suspend the provision of the Service without notice in case of system failures, maintenance, natural disasters, or other emergencies equivalent to force majeure.
- The Company may restrict or suspend the use of the Service if any of the following conditions are met:
- If the user violates any provision of this Agreement.
- If it is found that the user provided false information to the Company.
- If the user fails to fulfill payment obligations, such as paying fees.
- If the user does not respond to communications from the Company within a certain period.
- If the credit card registered by the user for payment is suspended.
- If the Company deems the use of the Service inappropriate for any other reason. - The Company shall not be liable for any damages incurred by the user as a result of actions taken by the Company under this Article, regardless of the reason.
Article 3: Service Details
- The details of the Service (such as usage instructions and precautions) and terminal devices shall be separately specified. Please refer to these when using the Service.
- The coverage area for the Service shall be as determined by the carrier’s communication area.
Article 4: Changes to Service Content
The Company may change the content of the Service and the usage fees, or discontinue the Service, without obtaining the user's consent. In case of any changes, the Company shall notify the user or publish the changes on its website by the prescribed method. The changed service content shall become effective when displayed on the website, and the user shall be deemed to have agreed to the changes.
Article 5: Notification Method
- Unless otherwise provided in this Agreement, notifications between the user and the Company shall be made by the method prescribed by the Company (in writing, by email, by phone, or by posting on the Company’s website).
- Unless a change of contact information has been submitted by the user (in the form specified by the Company), the Company will consider the currently registered contact information as valid, and notifications or communications sent to that contact information shall be deemed to have been received by the user.
Article 6: Fees
- The fees for the Service are as specified in the fee schedule of the Kawaii eSIM Service.
- The user is obligated to pay the fees associated with the Service from the time the contract is established and the user can start using the Service.
Article 7: Changes to User Information
- If the user wishes to change any of the information registered with the Company (such as name, address, contact information), they must promptly notify the Company by the method specified and submit a change notice.
- If the user fails to notify the Company as described in the previous sentence, any notifications sent by the Company to the registered name, address, or contact information shall be deemed to have been received by the user.
Article 8: eSIM
The Company is not responsible for the storage, management, or use of the eSIM obtained by the user from the Company.
The Company shall not be liable for any loss or damage incurred by the user or a third party due to misuse or inappropriate use of the eSIM or the Service.
The Company does not support reissuing eSIMs. Even if the user changes the device model or repairs a malfunctioning device, the Company will not reissue or transfer the eSIM profile to a new device.
Article 9: Prohibited Acts
- 1 In addition to the provisions set forth in other parts of this Agreement, users are prohibited from performing any of the following acts while using the Service:
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1. Acts that violate laws or public order and morals.
2. Acts that infringe copyrights, trademark rights, or other intellectual property rights included in the Service.
3. Other acts that violate public order and morals or infringe on the rights of others, as determined by the Company.
4. Acts that send harmful computer viruses, other harmful programs, or disrupt or damage network functions by transmitting to the Company's servers. Also, leaving them in a state where they can be received by others.
5. Acts of transmitting or posting obscene, child pornography, or child abuse-related images or documents.
6. Acts of fraud, obstruction of business, or other criminal acts, or inducing or inciting such acts.
7. Commercial use of information obtained through the Service.
8. Acts that may interfere with the operation of the Company’s services.
9. Unauthorized access to or attempts to access the Company’s or others' facilities, equipment, or devices.
10. Collecting, storing, or disseminating personal information about other users.
11. Impersonating another user.
12. Directly or indirectly providing benefits to antisocial forces in connection with the Company’s services.
13. Other acts deemed inappropriate by the Company.
----------- - The Company may interrupt, suspend, or terminate the provision of the Service at any time if it determines that the user's use of the Service falls under any of the preceding items or is likely to do so.
Article 10: Changes to the Terms of Service
The Company may modify this Agreement when deemed necessary. If changes are made, the Company will notify users of the changes by posting them on the website or by a method separately specified by the Company. If the user continues to use the Service after the changes, they will be deemed to have agreed to the revised terms.
Article 11: Management of User ID and Password
Users are responsible for managing their user ID and password for the Service.
Users may not transfer, lend, or share their user ID and password with third parties under any circumstances. The Company considers any login made using a user ID and password that matches the registered information as being performed by the registered user.
The Company shall not be liable for any damages resulting from the use of the user ID and password by a third party, except in cases of willful misconduct or gross negligence by the Company.
Article 12: Intellectual Property Rights
All patent rights, copyrights (such as product photos and content), know-how, and other intellectual property related to the Service belong to the Company. Users may not reproduce, copy, alter, or otherwise use these without permission.
Article 13: Disclaimer
The Company does not guarantee that the Service is free from defects (including safety, reliability, accuracy, validity, security, communication line defects, quality issues, errors, bugs, or rights infringements), regardless of whether the defects were foreseeable.
The Company has no obligation to protect any information or data stored on the Company’s equipment, and the Company shall not be liable for any damages incurred by the user due to the Service. However, if the contract between the Company and the user (including this Agreement) constitutes a consumer contract under the Consumer Contract Act, this disclaimer shall not apply. In such cases, the Company shall not be liable for any damages incurred by the user due to the Company's negligence (excluding gross negligence) or illegal acts, except in cases of special circumstances, even if the Company or the user foresaw or could have foreseen the occurrence of the damages.
The Company does not guarantee the accuracy or validity of any information obtained by the user through the Service.
The Company shall not be liable for any transactions, communications, or disputes between users or between a user and a third party that arise in connection with the Service. If the user causes any damage to the Company, they shall be obliged to compensate the Company for the damage.
Article 14: Elimination of Anti-Social Forces
- The Company, as well as contractors and users, hereby assure that they are not currently, and will not be in the future, affiliated with any of the following anti-social forces:
(1) Organized crime groups (yakuza)
(2) Members of organized crime groups
(3) Associate members of organized crime groups
(4) Officers or employees of companies affiliated with organized crime groups
(5) Corporate extortionists (sokaiya), rogue groups advocating social movements, or special intelligence organizations
(6) Individuals who have not been free from membership in an organized crime group for more than five years
(7) Other individuals equivalent to the above
---------- - The Company, as well as contractors and users, assure that they are not currently, and will not be in the future, in any of the following relationships with anti-social forces or individuals with close ties to anti-social forces (hereinafter referred to as "Anti-Social Forces"):
(1) A relationship in which Anti-Social Forces are used to secure illicit profits for oneself or a third party, or to cause damage to a third party
(2) A relationship in which funds or benefits are provided to, or conveniences are extended to Anti-Social Forces
---------- - The Company, as well as contractors and users, declare and assure that they will not engage in any of the following acts, either by themselves or through a third party:
(1) Violent demands
(2) Unreasonable demands beyond legal responsibility
(3) Acts of intimidation or violence in connection with the use of this service
(4) Spreading rumors, using fraudulent means, or using force to damage the Company's credibility or to interfere with the Company's business
(5) Other acts equivalent to the below:
Contractors and users assure that they will not allow Anti-Social Forces to use their name when applying for the use of this service with the Company.
---------- - The Company may terminate the service contract or suspend the use of the service without any notice to the contractor or user if:
(1) It becomes evident that the contractor or user has made a declaration contrary to the assurance provided in paragraphs 1 or 2.
(2) The contractor or user has engaged in acts contrary to the assurance provided in paragraph 3.
Article 15: Handling of Personal Information
The Company shall handle personal information obtained through the use of this service appropriately in accordance with the Company's "Privacy Policy."
Article 16: Prohibition of Transfer of Rights and Obligations
The contractor or user may not transfer or offer as collateral their contractual position or any rights or obligations under these Terms to a third party without prior written consent from the Company.
Article 17: Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Japan. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
Supplementary Provisions
- This Agreement shall be effective from [date].
- The revised version of this Agreement shall be effective from [revision date].