Wi-Ho! Prepaid SIM Terms of Use

Telecom Square, Inc. (the “Company”) provides the Wi-Ho! Prepaid SIM Service (the “Service”) in accordance with the Wi-Ho! Prepaid SIM Terms of Use (the “Terms”) as follows.

Article 1: Definitions

Words and expressions used in the Terms have the following meanings.

  1. Service means the prepaid-type wireless telecommunication services provided by the Company.
  2. SIM Card means a SIM card that is leased under the Terms with the user data recorded on it. SIM Cards are available in the three types: standard SIM card, micro SIM card and nano SIM card.
  3. User means an individual person using the Service.
  4. Purchaser means an individual person who purchases a SIM Card.
  5. Mobile Network Carrier means the mobile network carrier with whom the Company has made an interconnection agreement, and other agreements, concerning the provision of wireless data telecommunications. The current Mobile Network Carrier is NTT DOCOMO, INC.
  6. Wireless Data Telecommunications means the wireless data telecommunications network provided by the Mobile Network Carrier for signal transmission using packet-switching.
  7. Added Function Services means the added function services determined by the Company.
  8. User Line means the telecommunications line for use by the User under the agreement concerning the Service.
  9. Terminal Equipment means the equipment for terminal installations of the types stipulated in the Rules Concerning Technical Standards Conformity Certification for Terminal Equipment (Ministry of Internal Affairs and Communications Ordinance No. 15, 2004).
  10. Users’ Terminal Equipment means the Terminal Equipment procured by Users for using the Service.
  11. Contract Provider means the telecommunications carrier with whom the Company has made an interconnection agreement and other agreements.

Article 2: Terms

  1. Users shall use the Service in accordance with the Terms and the various other regulations concerning the Service.
  2. The Company may amend the Terms. In such a case, the amended Terms apply thenceforth to the conditions of use of the Service.
  3. The Terms are written in Japanese. In the case there are differences between translated versions of the Terms and the Japanese version, the Japanese version shall be given priority.

Article 3: Personal information handling policies

Users who apply for the Service accept that personal information acquired from Users will be used by the Company within the scope of the purposes of use stated in the "Personal Information Handling Policies" of the Company.

Article 4: Application for the Service, usage period, and Added Function Services

  1. A Service usage agreement is deemed to made when a Purchaser who has accepted the Terms and has within ten (10) days from (and including) the day of purchase of the SIM Card at a URL specified by the Company applied for the Service is registered by the Company as a User.
  2. The usage period commences on the day of notice of conclusion of agreement sent by the Company to the email address registered by the User. The Service usage period is thirty (30) days from the usage commencement date.
  3. A Purchaser who fails to apply for the Service within ten (10) days from (and including) the day of purchase of a SIM Card is deemed by the Company to have waived the Service usage. In this case, the purchase price of the SIM card will not be refunded by the Company to the User.
  4. The Company will provide Added Function Services upon application by the User and subject to approval by the Company.
  5. Users seeking to increase the data volume of contracted telecommunications lines or extend the usage period can apply for a charge pack, an Added Function Service at the URL specified by the Company. Subject to approval by the Company, the data volume of the contracted telecommunications line will then be increased or the usage period extended. Notably, irrespective of the remaining usage period at the time of the charge pack application, the Service usage period is thirty (30) days from the day of the application filing for the charge pack.

Article 5: Approval of applications for use of the Service

With respect to applications provided for in article 4 (Application for the Service, usage period, and Added Function Services), if the Company finds that a Purchaser falls under any of the circumstances described below, the Company can reject the application.

  1. If entered application information is false, erroneous, omitted, or missing.
  2. If the User qualification for the Service or for a different service of the Company was in the past suspended or voided by the Company.
  3. If other operational or technical hindrances arise in the judgment of the Company.

Article 6: Use of the Service

  1. Except where provided expressly in the Terms, Users are fully liable for their information disseminations through the Service and for the use of the Service, and shall cause no annoyance and damages to other Users, third parties, and the Company.
  2. If a User causes damages to other Users, third parties, or the Company, or if dispute arises between a User and other Users or third parties in relation to the use of the Service, the User shall indemnify the said damages or resolve the said dispute at the User's own cost and liability, without causing annoyance or damages to the Company.

Article 7: Network area

  1. The network area of the Service is identical to the network area of the Mobile Network Carrier. The Service can be used only with connected Terminal Equipment located within the network area. However, network may not be available also inside the network area in locations with poor signal reception such as indoors, underground parking lots, behind buildings, inside tunnels, and in mountainous locations.
  2. In the cases stated in the previous clause, Users shall not on any grounds cause the Company to bear any responsibility for any damages due to unavailability of the Service except if due to bad faith or gross negligence of the Company.

Article 8: Restrictions on connection

  1. Connections may be temporarily restricted for technical or maintenance reasons of the Company or if other reasons beyond the control of the Company arise, or in case of connections restrictions at the Mobile Network Carrier in accordance with the stipulations of the telecommunications service agreement provided by the Mobile Network Carrier or the agreement concluded between the Mobile Network Carrier and the Company.
  2. Signals may not reach recipients when networks are strongly congested by User traffic.
  3. In the cases stated in the previous two clauses, Users shall not on grounds of restricted telecommunications claim of the Company indemnification for any damages except if due to bad faith or gross negligence of the Company.

Article 9: Restrictions on connection time, etc.

  1. In addition to the cases described in the previous article, when telecommunications networks are strongly congested, the Company can restrict telecommunications time or telecommunications usage in specific areas.
  2. In the cases described in the previous clause, if an emergency or threatens erupt, such as natural disaster or accident, in order to give priority to telecommunications in matters necessary for damage containment, or to ensure the functionality of rescue resources, traffic, telecommunications, and power supply, and for upholding public order, as well as for telecommunications urgently required for matters of public interest, steps can be taken to suspend all telecommunications usage (including measures to suspend telecommunications to User Lines, etc., in specific areas) except for wireless mobile equipment used by institutions specified by the Minister for Internal Affairs and Communications in notices pursuant to the stipulations of the Ordinance for Enforcement of the Telecommunications Business Act(limited to equipment specified pursuant to consultations between the Company, or the Mobile Network Carrier, and the institutions concerned).
  3. If stipulations of the Company as to specific connection time or data volumes during specific connection time are exceeded, the Company can restrict and sever such telecommunications.
  4. To ensure the impartial use of Service among Users and for seamless Service provision, the Company can impose restrictions on the transmission speed and data volumes on telecommunications that continuously occupy large data volumes, such as P2P applications for exchanging video and other files.
  5. In the cases described in the previous four (4) clauses, Users shall not cause the Company to bear any responsibility damages on grounds of restrictions on connection time, etc.
  6. The Company can gather, analyze, and aggregate information related to telecommunications in order to impose restrictions on connection time, etc., as stipulated in this article.

Article 10: Measurement of data volume

Telecommunications data volumes concerning the Service are measured according to the following methods.

  1. The telecommunications data volumes measured by using equipment of the Company (including equipment of Contract Providers) consist of the data volumes transmitted from the time the contracted telecommunications lines of both sender and recipient are connected, enabling communication (if a connection is established manually with a specified counterparty, the time communication with that specified counterparty is enabled), until the time communication is disconnected by a communication termination signal from sender of recipient.
  2. Notwithstanding the stipulations of the previous item, if communication is temporarily restricted due to reasons outside the control of sender and recipient (at the time the restriction was advised in the case of temporary restrictions pursuant to article 8 (Restrictions on telecommunications use)) such as breakdown of a contracted telecommunications line, the reference data volume is the volume stipulated separately hereof by the Contract Provider.

Article 11: Transmission speed, etc.

  1. Users accept that the transmission speed determined by the Company for the Service is not the actual maximum transmission speed but is subject to variation and may decrease depending on the connection status, Users' SIM Cards, telecommunications equipment, network environment, and such other factors.
  2. The Company provides no warranty concerning the data transmission speed of the Service.
  3. Users accept that messages, data, and information, etc., transmitted using the Service may be damaged or lost depending on signal quality, etc.

Article 12: SIM Card

  1. For using the Service, a SIM Card is necessary. Ownership of SIM Cards is retained by the Mobile Network Carrier and is not transferred by the Mobile Network Carrier to the User.
  2. SIM Cards vary by type depending on size. Users are required to purchase at their responsibility a SIM Card selected in size to fit Users' Terminal Equipment.
  3. Users shall handle SIM Cards with all due care.
  4. Users shall not make SIM Cards available for use to a third party, nor lease, cede, or sell to a third party.
  5. Users are responsible for any damages arising from insufficient care in the handling of SIM Cards, erroneous use, or use by third parties, etc. The Company shall bear no liability for the said damages. Furthermore, charges, etc., that arise from the use of a SIM Card by a third party are in the full amount payable by the User responsible for the affected SIM Card.
  6. If a User discovers that the SIM Card of the User has been used by a third party, the affected User shall immediately notify the Company and follow instructions from the Company.
  7. In case of SIM Card failure not attributable to the responsibility of the User, the Company is obliged to either provide SIM Card repair or a SIM Card replacement at its own cost. (Replacement with other SIM Card types is not possible. The same applies in the following.)
  8. Users shall not read, amend, or delete the user identification number and other information registered on their SIM Card.
  9. Users shall not cause modifications or damage to SIM Cards that interfere with the operations of the Company, the Mobile Network Carrier, and third parties. If a SIM Card breaks down due to reasons attributable to the responsibility of the User, Users shall pay repair or replacement costs. The User will be required to pay SIM Card damage charge determined by the Company in addition to the cost of repair or replacement.
  10. Users accept that except for the cases stipulated in the previous clause SIM Cards can be neither returned nor replaced.
  11. Upon termination of the Service, Users shall upon request of the Company send their SIM Cards back to the Company in the manner stipulated by the Company.

Article 13: Users’ Terminal Equipment

  1. Users' Terminal Equipment necessary for using the Service must be procured and maintained by Users themselves at their cost and responsibility.
  2. The use of the Service is not possible if Users' Terminal Equipment necessary for using the Service is inconsistent with the technical standards of the Service.
  3. In the case of the previous clause, the Company shall bear no liability for damages that arise to Users or third parties.

Article 14: Interpretation service

  1. The Service includes three (3) minutes of telephone-based interpretation service for Japanese, English, Chinese (Mandarin), and Korean ("Interpretation Service").
  2. The Interpretation Service can be used until the end of the Service, including during extensions of the usage period by purchasing a charge pack.

Article 15: Suspension of Service provision

  1. In any of the following circumstances, the Company may suspend the provision of the Service.
    1. Unavoidable maintenance or construction work on the telecommunications facilities of the Company.
    2. Restrictions imposed on the use of telecommunications pursuant to article 8 (Restrictions on telecommunications use) or article 9 (Restrictions on telecommunications time, etc.).
    3. Restrictions on the use of telecommunications pursuant to the service agreement of the Mobile Network Carrier.
  2. The Company shall bear no damage charge or partial or full refunds of charges for the Service on grounds of Service suspension pursuant to this article.

Article 16: Suspension of use

  1. In addition to any stipulations of the Company concerning the mode of Service use, if a User falls into any of the following matters, the Company may for a period determined at its discretion suspend the provision of the Service.
    1. If an application concerning the Service is found to include untrue information.
    2. If a User fails to notify the Company of a change in previously registered information or if registered information is found to be untrue.
    3. If a User fails to comply with User identification procedures pursuant to article 35 (User identification).
    4. If a User engages in prohibited acts pursuant to article 32 (Prohibitions).
    5. If a User, in contravention to article 13 (Users’ Terminal Equipment), uses for Users’ Terminal Equipment a SIM Card of a non-conforming technical standard.
    6. If a User interferes with the operations of the Company or telecommunications facilities related to the Service or engages in action rendering such interference likely.
    7. If a User uses the Service in a manner that causes material interference to other Users.
    8. If a User uses the Service in an unlawful manner.
    9. If a User dies or undergoes business liquidation.
    10. If a User engages in acts other than stated in the previous items that contravene the Terms.
  2. The Company shall bare no liability for damage charge or partial or full refunds of charges for the Service on grounds of suspension of Service provision pursuant to this article.

Article 17: Termination of service agreement by the Company

  1. The Company may terminate the service agreement with a User whose provision of Service has been suspended pursuant to clause 1 of the previous article if the User subsequently fails to cease and the said acts.
  2. Irrespective of the stipulations of the previous clause, the Company can also without suspension of use terminate a service agreement with a User if the User meets any of the requirements stipulated in the items of clause 1 of the previous article and on grounds thereof is judged to materially interfere with the execution of operations of the Company.

Article 18: Acceleration clause

In relation to the stipulations of the previous two clauses, if the provision of the Service is suspended or the Service agreement terminated, any and all payment obligations of the subject User to the Company accrued up until the date of the termination of Service provision or the termination of the Service agreement come automatically due for immediate payment in a lump-sum payable in the manner specified by the Company.

Article 19: Termination

  1. Users agree that the Service agreement cannot be terminated by Users during the term of the Service.
  2. If after repair or replacement of a SIM Card a User fails to take receipt of the SIM Card, the Service will be terminated as of the date specified by the Company separately hereof.

Article 20: Charges

  1. Service charges are determined by the Company as stated separately hereof and Users shall pay the charge.
  2. SIM card damage charges applicable in case a SIM Card leased by the Company to the User is lost, damaged, or not returned to the Company for any reason, are in the amounts determined by the Company stated separately hereof and Users shall pay the charge.

Article 21: Calculation of charges

The method for calculating charges and the method of payment are stipulated by the Company separately hereof.

Article 22: Penalty payment

If a User unlawfully avoids the payment of charges, the User will be required to pay a penalty corresponding to twice the avoided amount (net of VAT) and VAT thereon (twice the claimed amount in case charges are VAT exempt pursuant to the stipulations of the charge list) in addition to the claimed amount.

Article 23: Late fees

Users who fall into arrears with the payment of charges and other obligations (excluding interest) will be required to pay late fees calculated at 14.5% annually for the number of days from the day after the payment due date until the day before the payment completion date. However, the above provision is not applicable if payment is made within fifteen (15) days from the next day of payment due date.

Article 24: Amendment of charges, etc.

The Company may amend the Service charges and the payment methods by giving advance notice to Users in a manner judged appropriate by the Company. Details of amendments to Service charges and payment methods may be published on the website of the Company instead of giving individual notice to Users.

Article 25: Limitation of the scope of indemnification provided by the Company

In the event that Users suffer from damages due to reasons attributable to the responsibility of the Company, the Company shall bear the responsibility for direct and normal damages caused to subscribers, etc. within the scope of usage fees for the Service, and not bear the responsibility for special damages such as lost earnings regardless of foreseeability.

Article 26: Disclaimer

  1. Messages, data, and information, etc., stored in memories of telecommunications facilities are at risk of degrading or loss in case of repair and restoration, etc., of such telecommunications facilities. The Company shall bear no liability for damages that may arise as a consequence, except due to bad faith or gross negligence of the Company.
  2. The Company shall not bear the cost of modifications or changes of Users’ Terminal Equipment (“Modifications, etc.” ) if such Modifications, etc., become necessary due to changes of the Terms.
  3. The Company offers no warranty that the Interpretation Service will fully resolve inquiries made by Users.
  4. Interpretation requiring a medical, legal, or other specialist level as well as conference interpretation are outside the scope of the Interpretation Service.
  5. The Company shall bear no liability for the result of the Interpretation Service unless evidently caused by the interpretation content provided.

Article 27: Maintenance liability of the Company

The Company shall maintain its telecommunications facilities in conformity with the Commercial-Use Telecommunications Facility Regulations (Posts and Telecommunications Ministerial Ordinance No. 30, 1985).

Article 28: Maintenance liability of Users

  1. Users are required to maintain Users’ Terminal Equipment in conformity with the technical standards and technical conditions stipulated by the Company.
  2. In addition to the stipulations of the previous clause, Users are required to maintain Users’ Terminal Equipment (limited to mobile wireless equipment) compliant with the Wireless Facility Regulations.

Article 29: Repair or restoration

The Company endeavors to provide prompt repair or restoration in case of breakdown or destruction of telecommunications facilities installed by the Company. However, the Company offers no warranty that repair or restoration will conclude within 24 hours.

Article 30: Limited warranty

  1. In relation to the use of telecommunications the Company offers no warranty for the quality of telecommunications involving telecommunications facilities connected through points of interface, except with regard to the telecommunications facilities of the Company.
  2. In the light of the technology levels of the Internet, computers, infrastructure including telecommunications lines, etc., and the considerable complexity of networks, the Company offers no warranty that the Service will be free of defects at the current general level of technology.

Article 31: Support

  1. In relation to the use of the Service, the Company provides Users with technical support. The support content is determined by the Company.
  2. Except for the matters stipulated in the previous clause, the Company has no obligation to provide Users with technical services irrespective of whether relating to maintenance, debugging, updates, or upgrades, etc.

Article 32: Prohibitions

In relation to the use of the Service, Users shall refrain from the following acts.

  1. Infringe upon copyrights and other intellectual property rights of other Users, third parties or the Company.
  2. Infringe upon property rights, privacy rights, or portrait rights of other Users or third parties.
  3. Discriminate against, slander, or damage the reputation or the credit of other Users or third parties.
  4. Prepare fraud and other criminal acts.
  5. Transmit or post images or writings, etc., depicting obscenity, child pornography or child abuse.
  6. Initiate pyramid schemes or solicit for pyramid scheme participants.
  7. Transmit or post untrue information or tamper with or erase information.
  8. Engage in or prepare commercial operations through or related to the Service without the advance permission of the Company.
  9. Obstruct the operations of facilities such as servers of the Service or servers managed by third parties.
  10. Obstruct mail traffic of other Users or third parties by sending to other Users or third parties unauthorized advertisement or solicitation mail or mass mailings, or send mail that will cause, or might cause, repugnance on the part of the recipient (harassment mail).
  11. Use, provide, assist in, advertise, or promote computer virus code or other harmful programs.
  12. Use the Service assuming the identity of a different User.
  13. Use the website or e-mail to exploit mistakes of other persons to acquire their ID and other information against their intent.
  14. Commit unlawful acts or contravene public order and morals (prostitution, violence, cruelty, etc.) or cause disadvantage to other Users or third parties.
  15. With respect to the Service, any act to assign, lease, resell, switch names, establish a right of pledge, or in any other way provide as collateral.
  16. Aid any of the acts stipulated in the previous items.
  17. Any acts that might correspond to any of the foregoing in the judgment of the Company.
  18. Any other acts that the Company judges inappropriate.

Article 33: Transmission of location information

  1. During transmissions between User Lines and the Company’s interconnection points established for Wireless Data Telecommunications by the Mobile Network Carrier, if the Mobile Network Carrier, pursuant to a method stipulated separately hereof, requests location information (meaning information concerning the location of the mobile wireless equipment connected to the subject User Line; the same applies in the remainder of this article) from the telecommunications facilities connecting to the Company, limited to cases where Users have in advance selected settings ready for the transmission of location information to the Company, Users accept that location information will be transmitted to that interconnection point.
  2. The Company shall bear no liability for damages, irrespective of the cause, that result from the location information transmission pursuant to the previous clause.

Article 34: Accumulation of information

The Company can accumulate and use information necessary for providing Users with technical support, etc., in relation to the Service. Users accept that the Company may be unable to provide full technical support because necessary information from Users is not provided.

Article 35: User identification

  1. Purchasers are required to present at the time of purchase personal identification documentation as requested by the Company.
  2. In cases corresponding to services stipulated in the Act on the Prevention of Improper Use of Mobile Phones, Purchasers are required to present an official personal identification document of the User as stipulated in the said Act.

Article 36: Discontinuation of the Service

  1. The Company may, in part or in total, amend, supplement, and discontinue the Service.
  2. In case of discontinuation of the Service pursuant to the previous clause, the Company will notify Users sufficiently in advance.

Article 37: Change of technical specifications of the Service

The Company shall not bear costs that become necessary for the remodeling or removal of SIM Cards used by Users due to amendments of technical specifications of the Service and other conditions of Service provision or due to modifications of telecommunications facilities.

Article 38: No assignment

Users shall not assign to a third party a position as User and any rights and duties that Users have under the Terms without the advance consent of the Company.

Article 39: Severability

If any provision of the Terms is invalid or unenforceable, the remaining portions of the Terms will remain in full force and effect in accordance with the conditions therein stipulated.

Article 40: Consultations

Points of doubt that arise to the Company and Users concerning the Service or the Terms must be resolved pursuant to consultations in good faith between the Company and Users.

Article 41: Jurisdiction

In the case that disputes occur in relation to the Terms and the contract, the Tokyo District Court shall be the agreed exclusive jurisdictional authority for the first instance.

Article 42: Governing law

The formation, validity, performance, and construction of the Terms is governed by the laws of Japan.

Additional clause: Enforced on February 10, 2015.

Amended on August 1, 2016.