AIR-U Inc. (hereinafter referred to as "the Company") provides the Prepaid SIM Recharge Service (hereinafter referred to as "the Service") based on these Terms of Service (hereinafter referred to as "these Terms").
The Company may change these Terms when necessary, in accordance with 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 revised Terms.
2. When changing these Terms, the Company shall determine the effective date and, by the effective date, notify the following matters by email, posting on the Company's website, or other methods determined by the Company:
(1) The fact that these Terms will be changed
(2) The content of the revised Terms
(3) The effective date
The service area for this Service is within Japan. The provision of telecommunications services in this Service is available only in areas where the devices sold by the Company can connect to telecommunications services, 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 actual communication speed may vary and decrease due to the user's usage patterns, specifications of the user's device, wireless communication environment, and other reasons. The user acknowledges this, and the Company makes no guarantees regarding the communication speed of the Service.
3. The user agrees in advance that messages, data, information, etc., sent and received using the Service may be damaged or lost due to the nature of wireless communication and Internet protocol communication.
4. From the perspective of maintaining network quality and fair radio wave usage, in cases of unauthorized use or large-volume communications that significantly occupy the network, the Company or the telecommunications carriers used in the Service may restrict user communications, such as limiting communication speed.
The period for applying for the Service contract is from the date when the user inserts the prepaid SIM card (including eSIM activation code) into the device they are using, and the Company confirms the initial communication date (or the forced start date for eSIM), until the number of days specified in the application plan. If the user applies for the Service for each usage contract while meeting the application conditions specified by the Company, and the Company accepts this application, the usage period and data capacity related to the usage contract can be extended.
2. If the amount of data communication performed by the Service contract user using the Service exceeds the "communication capacity" specified in the plan defined in the Service contract for the product, even within the usage period specified in the preceding paragraph, communication will be stopped or the communication speed will be reduced.
Those wishing to use the Service shall agree to these Terms and the content of the services provided, and then complete the procedure by entering the necessary information on the online application screen on the Internet.
2. Application for the Service is limited to adults or legal entities. If a minor falsely claims to be an adult when applying, they cannot request a refund of the fees for the application.
3. If there are falsehoods in the application content for the 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 the application.
4. The user shall promptly notify the Company if there are any changes to the information provided at the time of application.
5. Recharge plans can only be applied for when the prepaid SIM card in use specifies a usage period that has not expired and the data capacity has not been exceeded.
The Company will accept cancellation of the application for the usage contract only if the declaration is confirmed before the Company provides the Service.
2. The declaration mentioned in the preceding paragraph shall be made through the Company's designated inquiry form, telephone, or email, accurately stating 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 declaring the intention to cancel the application.
3. Emails 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 arrives at the Company's server.
The user shall not sell to third parties (regardless of whether it is for a fee or free of charge, and including cases of simply providing to third parties; the same shall apply hereinafter) the services provided by the Company in the Service and all incidental rights. However, this shall not apply if the user notifies the Company in advance in writing in a manner specified by the Company and obtains the Company's approval.
The Service may be unable to connect all or part of the communication, or ongoing communication may be disconnected, in cases where communication is severely congested in the mobile wireless communication network of the telecommunications company, when radio wave conditions deteriorate significantly, when it is clear that illegal or unauthorized use is occurring, or in other cases based on the telecommunications company's rules. The Company shall not be liable for any damages incurred by the user or third parties in such cases. In addition, the Service does not avoid or mitigate damage or injury from earthquakes or disasters. The Company shall not be responsible for incidental damages in disaster situations arising from the use or inability to use the product, including product defects, incorrect installation or handling, service disruptions in the communication network, congestion of communication services, use in locations where radio waves are difficult to receive, etc.
2. In addition to the matters specified in the preceding paragraph, the Service does not guarantee the availability, delay time, or other qualities of communication.
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 do not make any guarantees in the Service, including guarantees regarding suitability for the Service user's purpose of use and communication speed.
Users shall not engage in the following activities when using the Service. Note that even if a third party uses the Service, the Company will treat it as if the Service user used it.
(1) Activities that infringe upon the intellectual property rights or other rights of others
(2) Activities that infringe upon the property, privacy, or portrait rights of others
(3) Activities that defame others or damage their reputation or credibility
(4) Criminal activities such as fraud or business obstruction, or activities that incite or instigate such actions
(5) Activities involving the transmission or posting of obscene images or documents, or child pornography or child abuse
(6) Activities related to drug crimes, likely to lead to the abuse of regulated drugs, or advertising unapproved pharmaceuticals
(7) Advertising money lending without being registered to operate a money lending business
(8) Establishing or soliciting for pyramid schemes
(9) Activities that alter or delete information accessible through the Service, such as others' websites
(10) Sharing one's user account information with others or placing it in a state where others can share it
(11) Activities using a third party's personal information or false information to use the Service (including unauthorized use of other users' account information and manipulating email header parts to disguise one's identity)
(12) Sending computer viruses or other harmful computer programs, or leaving them in a state where others can receive them
(13) Writing advertisements or other content on bulletin boards managed by others (including net news, mailing lists, chats, etc.) in a manner or with content contrary to the manager's intentions
(14) Sending advertising, promotional, or solicitation emails without the recipient's consent
(15) Sending emails that cause or may cause the recipient to feel disgusted (harassment emails) without the recipient's consent
(16) Conducting or soliciting participation in illegal gambling
(17) Contracting, mediating, or inducing (including asking others) illegal acts (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, according to social norms, would cause significant disgust to unspecified third parties
(19) Activities that induce or encourage suicide, or introduce suicide methods with a high risk of harming others
(20) Activities that encourage unspecified persons to post information that is linked to or highly likely to be linked to crimes or illegal acts, or information that unduly defames, insults, or violates the privacy of others
(21) Other activities that violate laws or public order and morals, or significantly infringe upon the rights of others, or activities likely to do so
(22) Accessing facilities, equipment, or devices of others without authorization
(23) Using the 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 aids activities while knowing that the activities correspond to any of the preceding items
(25) Activities likely to cause communication congestion, such as intentionally generating numerous incomplete calls
(26) Using automatic telephone dialing systems or synthesized or recorded voice to conduct commercial promotion or solicitation to unspecified multiple third parties without their consent
(27) Making voice communications that cause disgust to third parties using automatic dialing systems or synthesized or recorded voice
(28) When connecting a terminal device capable of acquiring location information to the user's line and allowing others to possess it, activities that violate or may violate the privacy of the possessor
(29) Activities that the Company determines may correspond to any of the preceding items
If the Company determines that the user has engaged in prohibited activities defined in the preceding Article, the Company may suspend the use of the Service after notifying the user. If the Company's notification does not reach the user, or in case of urgent and unavoidable circumstances, immediate suspension of use will be implemented without prior notice.
2. Even if the use of the Service is suspended based on this Article, the user shall not be exempted from the obligation to pay fees. In addition, the Company shall not be liable for any damages incurred by the user due to the suspension of the Service use based on this Article, and no refunds will be made.
The Company may terminate the Service contract in the following cases:
(1) If the user violates Article 9 (Prohibited Activities for Users) and does not correct it within a reasonable period after receiving a warning, or repeats such violations
(2) If bankruptcy, corporate reorganization, liquidation, or civil rehabilitation proceedings are filed against the user
(3) If there is a significant hindrance to the execution of the Company's business or other reasonable cause for termination
2. When terminating the usage contract pursuant to the preceding paragraph, the Company shall notify the user in advance. However, this shall not apply if the Company's notification does not reach the user or in case of urgent and unavoidable circumstances.
3. Even if the contract is terminated based on this Article, the user shall not be exempted from the obligation to pay fees. In addition, the user shall bear all damages and debts arising from such termination.
The Company may suspend the provision of the Service in the event of maintenance, failure, or other unavoidable circumstances affecting the telecommunications equipment used by the Company.
2. The Company may change or discontinue all or part of the Service for operational, technical, or other reasons. In such cases, the Company shall notify users of this by a method determined by the Company.
The responsibilities of the Company to the user are limited to those specified in these Terms, and the Company shall not be liable for any reason whatsoever for any loss of profit, data loss, or any other damage (whether financial or non-financial) that the user suffered in relation to the use of the Service beyond what is specified in these Terms.
2. The Company shall not be liable for direct or indirect losses or damages if the Service was not provided due to obstacles or construction works attributable to the telecommunications carrier providing the telecommunications service used in the Service, or if part or all of the Service was not provided due to network congestion, system load, bandwidth restrictions, etc., of the telecommunications carrier.
3. The Company cannot guarantee that the Service is free from defects at the current general technical level due to the technical level of Internet and computer technology, the technical level of infrastructure such as communication lines, and the highly complex nature of the network itself.
If the Company fails to provide the Service due to reasons attributable to the Company, the Company shall compensate for damages to the Service contract user only if the Service is in a state where it cannot be used at all (including cases where all communications using the telecommunications equipment related to the contract are significantly hindered, resulting in a state equivalent to being completely unusable; the same shall apply in this Article), and the Company becomes aware of this state and the state continues for 24 hours or more.
2. In the case of the preceding paragraph, the Company shall calculate the number of days for each 24 hours (limited to portions that are multiples of 24 hours) of the continuous state after the Company becomes aware that the Service cannot be used at all, 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 such damages shall be limited to the range of ordinary damages actually 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 until the occurrence of the damage. However, the provisions of paragraph 1 shall not apply if the Company fails to provide the Service due to willful misconduct or gross negligence.
The personal information or corporate information (hereinafter collectively referred to as "customer information") declared for application and contract conclusion of the Service shall be properly managed and used within the scope necessary to achieve the following purposes of use, including address, name (company name, etc.), telephone number, email address, age, gender, occupation, SNS account, etc.
(1) To respond to inquiries and consultations about the Service
(2) To accept applications for the Service and manage ongoing transactions
(3) To conduct user identity verification, billing, notification of changes in service provision conditions, service suspension, contract termination, and other service provision-related communications
(4) To conduct sales promotions, questionnaire surveys, and send prizes related to services provided by the Company or its affiliated companies
(5) To analyze information provided for the improvement of the Company's services or the development of new services
2. The Company may provide customer information to subcontractors when implementing tasks necessary for service provision. In such cases, the Company will select companies that adequately ensure personal information protection, conclude personal information protection contracts, and implement other necessary and appropriate measures.
3. The Company shall not provide customer information to third parties other than subcontractors without the consent of the individual or company. However, this shall be governed by legal provisions where such provisions exist.
4. When using mobile wireless devices, etc., the user shall appropriately manage and delete data, browsing information, history information, etc. that has been used. The Company shall not be responsible for information management or data loss during use of the Service or after the contract period expires.
5. If the Company separately stipulates matters concerning the handling of personal information in its Privacy Policy (https://air-u.jp/privacy/), matters not stipulated in these Terms shall be governed by the provisions of said Privacy Policy.
The user represents and warrants that, at the time of application for the Service contract and after conclusion of the Service contract, they are not a member of an organized crime group or a company/organization affiliated with organized crime, or any other anti-social force (hereinafter collectively referred to as "anti-social forces"), and are not under the control or influence of anti-social forces.
2. If it is reasonably determined that the user falls under any of the following items, the Company may terminate the Service contract without any notice:
(1) Belonging to anti-social forces
(2) Having anti-social forces effectively involved in management
(3) Utilizing 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 oneself or a third party to employ fraudulent techniques, violent acts, or threatening words against related parties
(7) Users who fall under any of the items in the preceding paragraph shall be liable to compensate the Company for damages suffered due to such termination, and cannot demand compensation from the Company for damages incurred by themselves
Even if a part of these Terms is found to be invalid and unenforceable, the validity of the remaining parts shall not be affected and shall continue to be valid and enforceable according to their conditions.
These Terms and the usage contract 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. The exclusive agreement jurisdictional court of first instance for lawsuits related to the usage contract based on these Terms shall be the district court having jurisdiction over the location of the Company's headquarters, according to the amount in controversy.
These Terms shall be implemented from February 28, 2025.
株式会社AIR-U(以下「当社」といいます)は、この利用規約(以下「本規約」といいます)に基づき、Prepaid SIM リチャージ サービス(以下「本サービス」といいます)を提供します。