Terms of Service | Prepaid SIM Recharge.com

Article 1 (Provision of Service)

AIR-U Co., Ltd. (hereinafter referred to as "the Company") provides the Prepaid SIM Recharge Service (hereinafter referred to as "the Service") in accordance with these Terms of Service (hereinafter referred to as "these Terms").

Article 2 (Changes to Terms)

The Company may change these Terms when necessary, based on the provisions of Article 548-4 (Changes to Standard Terms and Conditions) of the Civil Code (Act No. 89 of 1896). In such cases, the conditions for providing the Service shall be governed by the amended Terms.

2 When changing these Terms, the Company shall establish an effective date and notify users by email, posting on the Company's website, or by other means determined by the Company of the following matters prior to the effective date:

1 That these Terms are being changed

2 The content of the amended Terms

3 The effective date

Article 3 (Communication in the Service)

The service area for this Service is within Japan. The provision of telecommunications services in this Service is limited to areas where the telecommunications services connected to by the devices sold by the Company are available, and can only be used when the devices are within the communication area of said telecommunications service.

2 The communication speed specified by the Company for this Service is on a best-effort basis. The user acknowledges that actual communication speeds may vary and decrease due to the user's usage patterns, specifications of the user's terminal, wireless communication environment, and other reasons, and the Company makes no guarantees whatsoever regarding the communication speed of this Service.

3 Due to the nature of wireless communication and Internet protocol communication, the user agrees in advance that messages, data, information, etc. sent and received using this Service may be corrupted or lost.

4 From the perspective of maintaining network quality and fair use of radio waves, in cases of unauthorized use or large-volume communications that significantly occupy the network, the Company or the telecommunications carrier used in this Service may restrict the user's communication, such as limiting communication speed.

Article 4 (Service Contract Period)

The application period for this Service contract is from the day the Company confirms the first communication date (or the forced start date for eSIM) after the user inserts a prepaid SIM card (including eSIM activation code) into their device, until the number of days specified in the application plan. If the user applies for this Service for each usage contract while meeting the application eligibility conditions specified by the Company, and the Company accepts this application, the usage period and data capacity for the relevant usage contract can be extended.

2 If the amount of data communication performed by the Service contract user using this Service exceeds the "communication capacity" specified in the plan for this Service contract, communication will be stopped or the communication speed will be reduced even within the usage period specified in the preceding paragraph.

Article 5 (Application for Use)

Those who wish to use this Service must agree to these Terms and the content of the services provided, enter the necessary information on the online application screen on the Internet, and complete the procedure.

2 Applications for this Service are limited to adults or legal entities. If a minor falsely claims to be an adult and makes an application, they cannot request a refund of the fee for that application.

3 If there are falsehoods in the application content for this Service, or if it can be reasonably determined that the applicant may engage in prohibited activities as defined in Article 10, the Company will not accept such application.

4 If there are changes to the information declared at the time of application, the user must promptly notify the Company.

5 Recharge plans can only be applied for when the prepaid SIM card in use still has time remaining within the specified usage period and has not exceeded its data capacity.

Article 6 (Cancellation of Application)

The Company will accept cancellation of application for the usage contract only if the declaration is confirmed before the Company provides the Service.

2 The declaration in the preceding paragraph shall be made through the inquiry form, telephone, or email designated by the Company, and shall accurately indicate the applicant's name and telephone number for the Service, the application number presented by the Company when accepting the application for the Service, etc., and declare the intention to cancel the application.

3 Email shall be sent from the email address declared at the time of application, and the date of declaration in the preceding paragraph shall be when the email reaches the Company's server.

Article 7 (Transfer of Rights)

The user shall not sell to third parties (including providing to third parties, whether for a fee or free of charge; the same applies hereinafter) the services provided by the Company in this Service and all accompanying rights. However, this shall not apply if the user notifies the Company in writing in advance by a method specified by the Company and the Company approves it.

Article 8 (Service Quality Guarantee or Limitation of Warranty)

This Service may not be able to connect to all or part of communications or ongoing communications may be disconnected when there is significant congestion in the mobile wireless communication network of the telecommunications company, when radio conditions deteriorate significantly, when it is clear that the Service is being used illegally or improperly, or in other cases based on the telecommunications company's regulations, and the Company shall not be liable for any damages incurred by the user or third parties in such cases. Furthermore, this Service does not prevent or mitigate damage caused by earthquakes or disasters. The Company shall not be responsible for incidental damages arising from the use or inability to use this product during disasters, including product defects, incorrect installation or handling, service network failures, congestion of communication services, use in locations with poor radio reception, etc.

2 In addition to the matters specified in the preceding paragraph, this Service does not guarantee the availability, delay time, or other quality of its communications.

3 The Company and telecommunications companies may restrict communication or communication speed if the user sends or receives large amounts of data.

4 The Company and telecommunications companies make no warranties of any kind regarding this Service, including warranties of fitness for the user's purpose and warranties regarding communication speed.

Article 9 (Prohibited Activities)

When using this Service, users shall not engage in the following activities. Even if a third party uses this Service, the Company will treat it as if the contract user of this Service used it.

1 Infringing on intellectual property rights or other rights of others

2 Infringing on the property, privacy, or portrait rights of others

3 Defaming or damaging the reputation or credibility of others

4 Engaging in criminal acts such as fraud or business obstruction, or inducing or inciting such acts

5 Sending or posting obscene images or documents, child pornography, or materials depicting child abuse

6 Engaging in activities that are linked to drug crimes or abuse of regulated substances, or that have a high possibility of being linked to such activities, or advertising unapproved pharmaceuticals

7 Advertising money lending without being registered to operate a money lending business

8 Establishing or soliciting participation in pyramid schemes

9 Altering or deleting information accessible through this Service, such as others' websites

10 Sharing your user account information with others or placing it in a state where others can share it

11 Using third-party personal information or false information to use this Service (including improperly using other users' account information and tampering with email header sections to disguise oneself)

12 Sending computer viruses or other harmful computer programs, or leaving them in a state where others can receive them

13 Making advertisements or other posts on bulletin boards managed by others (including network news, mailing lists, chats, etc.) in a manner or with content contrary to the administrator's intentions

14 Sending advertising, promotional, or solicitation emails without obtaining the recipient's consent

15 Sending emails that cause or may cause the recipient to feel discomfort (harassing emails) without obtaining the recipient's consent

16 Conducting or soliciting participation in illegal gambling

17 Contracting, mediating, or inducing (including requesting others) illegal acts (such as transfer of firearms, illegal manufacture of explosives, provision of child pornography, forgery of public documents, murder, threats, etc.)

18 Sending information such as images of murder scenes, images of animal killing or abuse, or other information that would cause extreme discomfort to unspecified third parties according to social norms

19 Inducing or encouraging suicide, or introducing methods of suicide that have a high possibility of harming others

20 Encouraging unspecified persons to post information that is linked to or has a high possibility of being linked to crime or illegal acts, or information that unjustly defames, insults, or invades the privacy of others

21 Acts that violate laws or public order and morals, or significantly infringe on the rights of others, or activities that may constitute such acts

22 Accessing the facilities, equipment, or devices of others without authorization

23 Using this Service in a manner that places a significant load on servers managed by others, or interfering with their operation

24 Creating links in a manner that encourages acts while knowing that those acts fall under any of the preceding items

25 Intentionally generating many incomplete calls or other actions that may cause communication congestion

26 Using automatic telephone dialing systems or synthetic or recorded voice to conduct commercial advertising or solicitation to unspecified third parties without obtaining their consent

27 Using automatic dialing systems or synthetic or recorded voice to make voice communications that cause discomfort to third parties

28 When connecting a device capable of obtaining location information to a user's line and having someone else possess it, engaging in activities that invade or may invade the privacy of that possessor

29 Activities that the Company determines may fall under any of the preceding items

Article 10 (Suspension of Use)

If the Company determines that a user has violated the prohibited activities defined in the preceding Article, the Company may suspend the use of this Service after notifying the user. In cases where the Company's notification does not reach the user or in cases of urgent necessity, the Company may immediately suspend use without prior notice.

2 Even if the use of this Service is suspended based on this Article, the user shall not be exempted from the obligation to pay fees, etc. Furthermore, the Company shall not be liable for any damages incurred by the user due to the suspension of the use of this Service based on this Article, and no refunds will be made.

Article 11 (Termination of Contract by the Company)

The Company may terminate the contract for this Service in the following cases:

1 If the user violates Article 9 (Prohibited Activities) and does not correct it within a reasonable period of time after receiving a warning, or repeats such violations

2 If the user has filed for bankruptcy, corporate reorganization, liquidation, or civil rehabilitation

3 If there is a significant hindrance to the performance of the Company's business or if there are reasonable grounds for termination

2 When the Company intends to terminate a usage contract pursuant to the preceding paragraph, it shall notify the user in advance. However, this shall not apply if the Company's notification does not reach the user or in cases of urgent necessity.

3 Even if the contract is terminated based on this Article, the user shall not be exempted from the obligation to pay fees, etc. Additionally, the user shall bear all damages and debts arising from such termination.

Article 12 (Suspension of Service)

The Company may suspend the provision of this Service in the event of maintenance, failures, or other unavoidable circumstances affecting the telecommunications equipment used by the Company.

2 The Company may change or discontinue all or part of this Service for operational, technical, or other reasons. In such cases, the Company shall notify users of this fact by a method determined by the Company, such as email notification or posting on the Company's website.

Article 13 (Disclaimer)

The responsibility that the Company bears toward users is limited to what is specified in these Terms, and the Company shall not be liable for any loss of profit, data loss, or any other damages (whether financial or non-financial) that the user incurs in relation to the use of this Service, regardless of the reason.

2 The Company shall not be liable for any direct or indirect losses or damages in cases where the Service is not provided due to issues or construction attributable to the telecommunications carrier providing the telecommunications service used in this Service, or in cases where all or part of the Service is not provided due to network congestion, system load, bandwidth restrictions, etc., of the telecommunications carrier.

3 Due to the technical level of Internet and computer technology, the technical level of communication lines and other infrastructure, and the highly complex nature of the network itself, the Company cannot guarantee the absence of defects with the current general technical level.

Article 14 (Limitation of Liability)

When providing this Service, if the Company fails to provide it due to reasons attributable to the Company, the Company shall compensate for damages to the Service contract user only if the Service is completely unusable (including cases where the state is equivalent to being completely unusable due to significant hindrances to all communications related to that contract caused by the telecommunications equipment) and the Company becomes aware of this state, and only if this state continues for 24 hours or more.

2 In the case of the preceding paragraph, the Company shall calculate the number of days based on periods of 24 hours (limited to parts that are multiples of 24 hours) during which the state where the Service was completely unusable continued after the Company became aware of it, and shall consider the total amount of usage fees for that Service corresponding to those days as the damages incurred, and shall compensate only up to that amount.

3 In all cases where the Company bears liability for damages to the Service contract user, the scope of compensation shall be limited to the range of actual and ordinary damages incurred by the Service contract user, and the total amount shall be limited to the amount of fees received by the Company from the Service contract user up until the occurrence of such damages. However, this paragraph shall not apply if the Company fails to provide the Service due to willful misconduct or gross negligence.

Article 15 (Handling of Personal Information)

Personal information or corporate information (hereinafter collectively referred to as "customer information") declared for the application and conclusion of contracts for this Service shall be properly managed and used within the scope necessary to achieve the following purposes, including address, name (company name, etc.), phone number, email address, age, gender, occupation, SNS account, etc.

1 To respond to inquiries and consultations about this Service

2 To accept applications for this Service and manage ongoing transactions

3 To conduct identity verification, billing, notification of changes to service conditions, service suspension, contract termination, and other matters related to the provision of services for contract users

4 To conduct sales promotions, surveys, and send prizes for services provided by the Company or its partner companies

5 To analyze information provided for the improvement of existing services or the development of new services

2 When implementing tasks necessary for service provision, the Company may provide customer information to business contractors. In such cases, the Company will select companies that ensure sufficient protection of personal information, conclude contracts for personal information protection, and implement necessary and appropriate measures.

3 The Company will not provide customer information to third parties other than business contractors without obtaining the consent of the individual or company. However, this shall be governed by the provisions of the law for matters stipulated by law.

4 When using mobile wireless devices, etc., the user shall appropriately manage and delete the data used, browsing information, history information, etc. The Company shall not be responsible for information management or data loss during use of the Service or after the expiration of the contract period.

5 If the Company has established a separate Privacy Policy (https://air-u.jp/privacy/) regarding the handling of personal information, matters not specified in these Terms shall be governed by the provisions of that Privacy Policy.

Article 16 (Representation and Warranty against Anti-Social Forces)

The user represents and warrants that they are not a member of an organized crime group or a company/organization related to an organized crime group or other anti-social forces (hereinafter collectively referred to as "anti-social forces"), and that they are not under the control or influence of anti-social forces, both at the time of application for the usage contract for this Service and after the conclusion of the usage contract.

2 If it is reasonably determined that the user falls under any of the following items, the Company may terminate the usage contract for this Service without any notice:

1 Being a member of anti-social forces

2 Having anti-social forces substantially involved in management

3 Using anti-social forces

4 Providing funds or conveniences to anti-social forces or otherwise being involved with them

5 Having a relationship with anti-social forces that should be socially criticized

6 Using deception, violent acts, or threatening language against related parties, either personally or through a third party

3 A user who falls under any of the items in the preceding paragraph shall be responsible for compensating the Company for any damages incurred by the Company due to such termination, and may not demand compensation from the Company for any damages incurred by the user.

Article 17 (Severability)

Even if a part of these Terms is found to be invalid and without binding force, the remaining parts of these Terms shall not be affected by this and shall continue to be valid and maintain their binding force in accordance with their conditions.

These Terms and usage contracts shall be deemed to have been created in accordance with the laws of Japan and shall be interpreted in accordance with the laws of Japan.

2 For lawsuits related to usage contracts based on these Terms, the district court having jurisdiction over the location of the Company's head office shall be the court of first instance with exclusive agreed jurisdiction, according to the amount in dispute.

Supplementary Provisions

These Terms shall be effective from February 28, 2025.