fobieSIM Terms of Service

These terms and conditions of use (hereinafter referred to as the "Terms and Conditions") shall be governed by the Terms and Conditions of Frontier B.I. Inc. This Terms of Use (hereinafter referred to as the "Terms") applies to the "fobieSIM" (hereinafter referred to as the "Service"), a data communication service using the eSIM provided by Frontier B.I. Inc. (hereinafter referred to as "the Company"), which is a data communication service using eSIM (hereinafter referred to as "the Service") provided by Frontier B.I. Inc. (hereinafter referred to as "the Company") and the rights and obligations of the Company and the customer with respect to the use of the Service. Please read these Terms of Use carefully before using the Service. These Terms of Use shall apply to your use of and access to the Service. In order to use the Service, you must agree to these Terms. If you do not agree to these Terms, you may not use the Service.

Article 1 (General provisions)
1 This Agreement sets forth the terms and conditions for use of the Service and forms a binding agreement between the Company and the customer regarding the use of the Service (hereinafter referred to as the "Service Agreement"). (hereinafter referred to as the "Service Agreement") between the Company and the customer. You shall comply with the Terms of Use in using the Service.
2 The Individual Terms (as defined in Article 3) (defined in Article 3) are incorporated into these Terms and Conditions and constitute a part of this User Agreement. In the event of any inconsistency between the Terms and Conditions and the Individual Terms and Conditions, the Individual Terms and Conditions shall take precedence.
3 When an individual who belongs to an organization (including a corporation) 3. If an individual belonging to an organization (including a corporation) applies for the Service or uses the Service on behalf of such organization, such individual shall be deemed to have the authority to agree to these Terms of Use on behalf of such organization and to enter into this Service Agreement with the Company. In such case, such organization shall become a party to this TOS and shall be obligated to
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comply with this TOS (in this case, "customer" in this TOS shall refer to such organization). (In this case, "Customer" shall refer to such organization.
4 If you are under 18 years of age, before agreeing to these Terms of Use, you must obtain the express consent of a person with parental authority or a guardian authorized to consent under applicable law to use the Services and to enter into this User Agreement with us. You may not use the Services without the prior consent of such consenting authority. By agreeing to these Terms of Use, you are deemed to have obtained the necessary consent from the Consenting Authority.
5 You agree that we may require you to meet certain conditions specified by us in connection with your use of all or part of the Service.

Article 2 (Changes, Amendments and Additions)
1 The Company may, in its sole discretion, at any time and from time to time, modify, alter, or add to the Terms and Conditions or any individual provision of the Terms and Conditions in the following cases
(i) When changes to these Terms and Conditions or individual provisions conform to the general interests of the customer.
(ii) When changes, etc. to the Terms and Conditions and individual provisions are not contrary to the purpose for which the agreement was made and are reasonable in light of the necessity of the change, the reasonableness of the content after the change, the content of the change, and other circumstances pertaining to the change.
2 In the event that the Company changes, modifies, or adds to the Terms or individual provisions, the Company shall notify you of such changes, modifications, or additions by posting the changed Terms and individual provisions on the Company's website or the Service for a reasonable period of time after the effective date, or by any other method determined by the Company.
3 If you use the Service after we have notified you of such changes, modifications or additions, or if you do not terminate this User Agreement within the period (if any) specified by us, you will be deemed to have
agreed to such changes, modifications or additions to these Terms of Service and individual provisions.
4 In addition to the provisions of paragraphs 1 through 4 of this Article, we may change these Terms and Conditions by obtaining your consent in a manner determined by us.

Article 3 (Definitions)
In these Terms and Conditions, the following terms shall have the meanings set forth below, unless otherwise specified in these Terms and Conditions.
(i) "eSIM" or "eSIM Profile" means an RSP function compliant with GSMA standards or a profile for carriers of a terminal embedded subscriber identification module with such function.
(2) "Individual Regulations" means individual or additional regulations regarding the Service that are separate from these Terms and Conditions and are posted on the Service usage screen or on the Company's website or distributed to customers by e-mail, etc.
(iii) "Intellectual property rights" means patent rights, utility model rights, design rights, trademark rights, copyrights (including translation and adaptation rights and the rights of the original author to use derivative works), and all other intellectual property rights in Japan and abroad, and the rights to register such rights. (iii) "Intellectual Property Rights" means all domestic and foreign patent rights, utility model rights, design rights, trademark rights, copyrights (including the rights of original authors to use translations, adaptations, and derivative works), and all other intellectual property rights, and the right to register them.
(iv) "Personal data" means information about a living individual that can directly or indirectly identify the individual, as defined in the Personal Information Protection Law.
(v) "Telecommunications carrier" means a carrier that provides telecommunications services in connection with the Service.

Article 4 (Application for use)
1 In order to use the Service, you must apply as a user in the manner prescribed by the Company. Upon application, the customer must agree to abide by the Terms and Conditions and individual regulations. In addition, the customer shall provide all information specified by the Company ("Application Information"). You shall provide the Company with all information specified by the Company ("Application Information"), and shall not provide false information to the Company.
2 If we approve your application, we will notify you in a manner determined by us. However, the Company may, at its sole discretion, decide whether or not to approve your application. Even if the Company does not approve your application, the Company shall not be obligated to disclose the reason for such disapproval.
3 The Customer shall, at its own responsibility, notify the Company of any error or change in the Application Information, or correct or change such error or change by itself in the manner prescribed by the Company. You shall be solely responsible for any loss or damage caused by any falsehood, error, omission, or omission to change the Application Information, and the Company shall not be liable for any such loss or damage.
4 The customer shall provide the Company with materials relating to the application information when requested by the Company.

Article 5 (Customer Information)
We will handle personal data and other information provided by you or collected by us when you use the Service in accordance with our Privacy Policy, which is separately set forth by us. You hereby consent to the handling of your personal data and other information.

Article 6 (Usage Fees)
1 Except as otherwise provided in these Terms, the Customer shall, at the time of application for use of the Service, pay the fees for use of the Service (the "Usage Fees") in accordance with the amount, payment
method, and other conditions determined by the Company, as set forth in the Individual Rules. を当社に支払うものとします。
2 The Company may, at its sole discretion, change the amount of fees, method of payment, or other terms and conditions at any time. In the event of any change, the Company shall notify you of such change with a reasonable period of time in advance, or publicly announce such change in a manner determined by the Company.
3 Unless otherwise expressly stated by the Company, the Company shall not be obligated under any circumstances to refund the paid usage fee to the Customer.
4If the customer does not pay the usage fee in accordance with these Terms and Conditions, the customer may not use the Service.

Article 7 (Use of this Service)
Details of the Service, such as the period of use of the Service, extension of the period of use, the amount of available data communications and the additional amount of available data, shall be subject to the provisions of the Individual Regulations.

Article 8.
1 Countries in which the Service is available to customers ("Countries of Use") are limited to those specified in the Individual Rules. 1. The countries in which the Service is available to customers ("Countries of Use") are limited to those specified in the Individual Regulations.
2 Customers may use the Service in multiple countries within the country of use during the subscription period. In such cases, data consumption will be carried over even if the customer moves from one country to another.
3 The countries of use may be changed at any time at the sole discretion of the Company. In the event of any such change, we shall notify you of such change with a reasonable period of time in advance or publicly announce such change in a manner determined by us.

Article 9 (Network)
1The terms and conditions for use of the Service and the contents of the Service shall be in accordance with the Terms and Conditions and the Service. We make no warranty as to the usefulness, completeness, or other qualities of these communication networks.
2 The communication network used for this service may not be stable in all locations due to technical reasons. For example, the signal may not be stable indoors, in underground parking lots, on upper floors of buildings, in tunnels, or in mountainous areas. We shall not be liable for any loss or damage incurred by you or any third party as a result of this.
3 For the purpose of maintaining network quality and fair signal usage, this service may limit the amount of communication or suspend the line at the discretion of the local telecommunications company without prior notice to users who perform a large amount of data communication in a short period of time. The Company shall not be liable for any loss or damage incurred by customers or third parties as a result of this.

Article 10 (Terminals)
1 The Service is available only to eSIM compatible handsets that have been SIM unlocked and are compatible with the communication method and frequency of the country in which the user wishes to use the Service. In addition, the OS of the terminal must be the version specified in the Individual Rules or a newer version. If your terminal is not eSIM compatible, if your SIM lock has not been removed, or if your terminal does not have the required OS version, you will not be able to use the Service even if you have paid the usage fee.
2. If a customer changes the handset model or uses a different handset for repair, etc., the customer may not continue to use the Service with a handset other than the one used at the time of application, even during the usage period. In order to use the Service, the customer must make a new application and pay the usage fee.

Article 11 (Management of eSIM, etc.)
1 You shall be responsible for the management and use of the eSIM you have obtained from us. You shall be solely responsible for any loss or damage incurred by you or any third party due to your improper management or use of your eSIM and we shall not be liable for any such loss or damage.
2 If you discover that your eSIM is being used by a third party, you shall immediately notify us in a manner separately specified by us and follow our instructions. You shall be solely responsible for any loss or damage incurred by you or any third party due to use of your eSIM by a third party, and we shall not be liable for any such loss or damage.

Article 12 (Prohibited Matters)
In using the Service, you shall not engage in any of the following acts
(i) Acts that violate or may violate applicable laws, court judgments, decisions, orders, or enforceable administrative dispositions
(ii) Acts that are or may be offensive to public order and morals
(iii) Acts that infringe or may infringe intellectual property rights, privacy rights, or other rights or interests of other users or third parties
(iv) Use of the Service beyond the scope permitted by these Terms of Use or individual provisions, or having a third party use the Service in such a manner.
(v) reverse engineering, decompiling, disassembling, modifying, converting, or attempting to decipher the source code of the Service, or other acts of analysis
(vi) Excessive load on the network, server, or system connected to the Service.
(vii) Unauthorized access to the system of this service, unauthorized rewriting or deletion of information stored in our facilities, or other acts that cause or may cause damage to us.
(viii) Acts of providing benefits to criminals, criminal organizations, or their members through the Service.
(ix) Acts that are contrary to these Terms of Use, individual provisions, or the purpose of this service
(x) Violation of contracts with service providers in partnership with the Company
(xi) Acts that directly or indirectly cause, instigate, or encourage the above acts.
(⑫Other activities that the Company deems inappropriate

Article 13 (Changes, Additions, and Discontinuance of the Service)
1 The Company reserves the right to change, modify or add to the Service, in whole or in part, at any time without prior notice to you.
2 The Company reserves the right to suspend provision of all or part of the Service without prior notice to the customer in any of the following cases
(i) Routine or emergency maintenance or repair of hardware, software, telecommunications equipment, or other related equipment or systems related to the Service as deemed necessary by the Company
(ii) System overload due to excessive access or other unforeseen factors
(iii) When system security or other issues requiring action arise
(iv) When the telecommunications carrier does not provide the service
(v) When it becomes difficult to provide this service due to force majeure as specified in Article 21.
(vi) When we are requested to suspend provision of this service due to laws and regulations, court judgments, decisions, orders, or enforceable administrative dispositions, etc.
(vii) When there are other reasons similar to those listed in the preceding items
3 In addition to the preceding paragraph, AIS may change, modify, or add contents of the Service, or suspend or discontinue providing the Service, without prior notice to customers, in accordance with changes in AIS's regulations or service contents.
4 In no event shall the Company be liable for any damages incurred by the customer due to changes, modifications, or additions to the contents of the Service or the suspension or discontinuation of the Service in accordance with this Article.

Article 14 (Confidentiality)
1 You shall keep confidential and protect any and all information that we designate and disclose as confidential and any and all information that you acquire in connection with the Services and that we designate as confidential (collectively, the "Confidential Information"). 1 You shall maintain and protect the Confidential Information (hereinafter collectively referred to as "Confidential Information").
2 You may use Confidential Information solely for the purpose of using the Services or performing your obligations under this Subscriber Agreement, and shall not disclose Confidential Information to any third party without our prior written consent.

Article 15 (Suspension of Use, etc.)
1 In the event that a customer falls under any of the following items or is determined by the Company to fall under any of the following items, the Company may, without prior notice to the customer, (i) temporarily suspend or restrict the customer's use of the Service, or (ii) delete all or part of the information provided by the customer in connection with the Service (collectively, "Suspension of Use"). (i) temporarily suspend or restrict your use of the Service, or (ii) delete all or part of the information you have provided regarding the Service (collectively, "Suspension of Use, etc."). (i) temporarily suspend or restrict the use of the Service by the customer; or (ii) delete all or part of the information provided by the customer in connection with the Service (collectively, "Suspension of Use").
(i) If the customer violates any of the provisions of these Terms and Conditions.
(2) When all or part of the registration information provided to us is found to be false
(iii) When it is discovered that unauthorized payments related to this service have been made.
(iv) If you are currently under a disposition of suspension of use, etc., or have been under such a disposition in the past
(v) When we have reasonable grounds to suspect that your credit card, your eSIM or your terminal has been used fraudulently through the Service.
(vi) If we determine that the customer is or may be a criminal, a criminal organization or a member of a criminal organization, is interacting with or providing benefits to a criminal organization, or is otherwise cooperating with or involved in the maintenance, operation, or management of a criminal organization.
(vii) When the Company determines that a situation equivalent to any of the preceding items has occurred
2 In the event that the Company determines that the Customer falls under any of the items of the preceding paragraph, or is at risk of falling under any of the items, the Company may terminate this Service Agreement without prior notice to the Customer.
3 You shall not be released from all obligations and responsibilities under these Terms of Use even after suspension of use or termination of the TOS.
4 In no event shall SOFTBANK TELECOM be liable for any loss or damage incurred by the customer resulting from suspension of use, etc. or termination of this Service Agreement in accordance with Paragraphs 1 and 2 of this Article.

Article 16 (Monitoring)
We may check or monitor your use of your Card through the Service and your use of the Service if we determine that we have a suspicion that any of the items in Article 12 have occurred.

Article 17 (Attribution of Rights)
You hereby acknowledge that, except as expressly provided herein, all intellectual property rights and all other rights and authority with respect to the Service and all information and data provided to you by the Company in connection with this User Agreement belong to the Company (or any party that grants the Company the right to use such information
and data), and that no such rights are or will be granted to you under this User Agreement. (2) You hereby confirm that all intellectual property rights and all other rights and authority with respect to the Service and all information and data provided by us to you in connection with the Service and this User Agreement shall belong to us (or those who have licensed their use to us) and that no such rights are granted to you now or in the future under this User Agreement.

Article 18 (Disclaimer and Non-warranty)
1 Except as otherwise expressly stated by us, we disclaim all warranties with respect to the Service, whether express, implied, or statutory, including, but not limited to, implied warranties of fitness for a particular purpose, your expected benefit, functionality, merchantability, usefulness, compatibility, completeness, accuracy, continuity, reliability, utility, availability, accessibility, legality, and absence of security defects, errors, bugs, viruses, or other defects, as well as any third party rights regarding content or other information provided through the Service, availability, accessibility, legality, and the absence of security flaws, errors, bugs, viruses, or other defects, and that the content or other information provided through the service does not infringe upon the rights of third parties) You also disclaim
2 In the event that a dispute arises between you and a third party in connection with your use of the Service, you shall promptly notify the Company of the details of said dispute and resolve said dispute at your own responsibility and expense. In the event that the Company responds to a complaint from a third party concerning you or a dispute between you and a third party, you shall compensate the Company for any and all damages, losses, and expenses incurred by the Company as a result of such dispute, etc.
3 The Company is not obligated to back up any information or data provided by the Customer. You shall back up all information or data at your own risk.

Article 19 (Compensation)
1 To the extent permitted by law, you agree to indemnify, defend, and hold harmless the Company from and against any and all actions, liabilities, obligations, damages, and losses (including, without limitation, settlement costs, professional fees, legal fees, and other reasonable expenses) arising from your breach or non-performance of your obligations under this User Agreement, your intentional or negligent acts, or any claim or dispute against you by a third party related to your use of the Service, (including, but not limited to, settlement costs, professional fees, legal fees, and other reasonable expenses) (2) You shall indemnify and hold us harmless from and against any and all claims or disputes against us arising out of or relating to the use of the Service by any third party.
2 You acknowledge and agree that a breach of your obligations under this User Agreement may cause irreparable harm to us, that your remedies at law for such breach may be inadequate, and that in the event of such breach, we shall be entitled, in addition to all other available remedies, to an injunction enjoining the breach and requiring immediate and specific performance of our obligations, You acknowledge and agree that, in the event of any such breach, we shall be entitled to an injunction to the effect that we are required to immediately and specifically perform our obligations.

Article 20 (Limitation of Liability)
1 Notwithstanding any other provision of these Terms of Use, in no event shall our total liability for all claims arising out of this Agreement, whether in contract, tort, or otherwise, exceed the amount equivalent to the usage fees actually received by us under this Agreement, unless based on our intentional or gross negligence. The Company's total liability for any and all claims arising out of this Service Agreement shall not exceed the amount equivalent to the fees actually received by the Company under this Service Agreement, except in cases of willful misconduct or gross negligence by the Company.
2 Notwithstanding any other provision of this Agreement, in no event shall we be liable for any incidental, consequential, indirect or special damages (including, but not limited to, lost profits and punitive damages)
(including, but not limited to, lost profits and punitive damages), even if we have been advised of the possibility of such damages.

Article 21 (Force majeure)
The Company shall not be liable for any loss or damage arising out of any act of God, war, threat of war, state of war, hostilities, wartime regime, blockade, suspension of trade, detention, revolution, riot, port disruption, looting, strike, lockout, epidemic or other epidemic, destruction or damage to goods or facilities, fire, typhoon, earthquake, flood or accident, or any act of any governmental authority, quasi-governmental agency or any political department or agency of any kind which is not the fault of the Company or due to acts of any governmental authority, quasi-governmental agency or any political department, division or agency, or due to shortages or interruptions of labor, materials, means of transportation, electricity, gas or water supply, or labor disputes at the offices of the Company or its suppliers, or other causes beyond the control of the Company (hereinafter referred to as "Force Majeure") (hereinafter referred to as "Force Majeure"). In the event that the performance of obligations under this Service Agreement is delayed or rendered impossible due to a force majeure event (hereinafter referred to as "Force Majeure"), the Company shall not be liable for non-fulfillment of such obligations.

Article 22 (Term)
1 This Service Agreement between you and the Company shall become effective when the Company sends notice of approval of your application for use, and shall remain in effect until the expiration of the Term of Use or termination in accordance with the provisions of these Terms of Use.
2 Upon termination of this TOS, the customer shall lose all rights to use the Service.
3. You agree that we are not obligated to retain any information or data provided by you in using the Service after the termination of this Service Agreement.

Article 23 (Notification)
1 Except as otherwise provided in these Terms and Conditions, Fuji Xerox may provide you with notices and other communications regarding the Service by posting them on the Service or a website operated by Fuji Xerox, by e-mail, or by any other method Fuji Xerox determines.
2 Except as otherwise provided in these Terms, you shall provide notices, inquiries, and other communications to us related to the Services by the method designated by us.
3 Details of the Company's support for the Service, such as details of the Company's support and business hours, shall be determined separately by the Company.

Article 24 (Prohibition of transfer)
1 You shall not sell, assign, or otherwise transfer by merger or demerger, or impose any security or other burden on, or dispose of, this User Agreement or any of your rights or obligations under this User Agreement, in whole or in part, without our prior written consent. Any attempted assignment or transfer in violation of this provision or otherwise shall be void and unenforceable.
2. In the event that the Company transfers or assigns its business related to the Service to a third party (hereinafter referred to as "Business Transfer, etc."), the customer agrees in advance that the Company may transfer all of its title, rights, and obligations under this Service Agreement and all information obtained by the Company in connection with the Service to such third party. 2 You agree in advance that if the Company transfers or assigns its business related to the Service to a third party ("Business Transfer, etc."), all title, rights, and obligations of the Company under this Service Agreement, and all information acquired by the Company in connection with the Service, may be transferred to such third party. The Business Transfer, etc. shall include comprehensive succession through a merger, corporate split, or other reorganization in which the Company becomes an extinct company or a splitting company.

Article 25 (Waiver)
In the event that we fail to require you to perform any of your responsibilities or obligations under this User Agreement, such failure shall not in any way affect your right to demand performance of such obligations thereafter. Further, the waiver by the Company of any breach of any provision of this Agreement shall not constitute a waiver of any subsequent breach of the same provision or of any other provision of this Agreement, nor shall it constitute a waiver of any liability or obligation itself.

Article 26 (Severability)
If any provision of these Terms and Conditions is deemed to be in conflict with the laws of the jurisdiction in which the contract is to be performed or to be invalid or unenforceable against any person, such provision shall be deemed void, but these Terms and Conditions shall in all other respects remain in full force and effect.

Article 27 (Language)
These Terms of Use are written in Japanese. This Agreement may be translated into languages other than Japanese, but the Japanese text shall prevail in all cases.

Article 28 (Governing Law and Court of Jurisdiction)
1 This User Agreement shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law provisions.
2. The Company and the Customer agree to submit to the exclusive jurisdiction of the Tokyo District Court as the court of first instance with respect to any and all lawsuits arising out of or relating to this Service Agreement.

Established July 1, 2024