fobieSIM Terms of Service

These Terms of Use

(hereinafter referred to as the "Terms") define the rights and obligations of Frontier B.I. Inc. (hereinafter referred to as the "Company") and its customers regarding the use of "fobieSIM" (hereinafter referred to as the "Service"), a data communication service using eSIM. Please read these Terms carefully before using the Service. These Terms apply to your use of and access to the Service. You must agree to these Terms in order to use the Service. If you do not agree to these Terms, you will not be able to use the Service.

Article 1 (General Provisions)
1. These Terms set forth the terms and conditions for use of the Service and form a binding agreement between the Company and you regarding the use of the Service (hereinafter referred to as the "Terms of Use"). You must comply with these Terms when using the Service.
2. Individual Provisions (defined in Article 3) are incorporated into these Terms and constitute a part of the Terms of Use. In the event of any conflict between these Terms and any Individual Provisions, the Individual Provisions shall take precedence.
3. If an individual belonging to an organization (including a corporation) applies for or uses the Service on behalf of such organization, such individual will be deemed to have the authority to agree to these Terms of Use on behalf of such organization and to enter into this Terms of Use Agreement with the Company. In such cases, such organization will become a party to this Terms of Use Agreement and will be obligated to comply with it (in such cases, the term "you" in these Terms of Use will refer to such organization).
4. If you are under the age of 18, before agreeing to these Terms of Use, you must obtain express consent from your parent or guardian with consent authority under applicable law to use the Service and enter into this Terms of Use Agreement with the Company. You may not use the Service without the prior consent of such parent or guardian. When you agree to these Terms of Use, you will be deemed to have obtained the necessary consent from the parent or guardian.
5. You agree that we may require you to fulfill certain conditions specified by the Company regarding the use of all or part of the Service.

Article 2 (Changes, Modifications, and Additions)
1. We may, at our sole discretion, amend, modify, or add to these Terms and Individual Provisions at any time in the following cases:
① When the changes to these Terms and Individual Provisions are in the general interest of our customers.
② When the changes to these Terms and Individual Provisions do not conflict with the purpose of the agreement and are reasonable in light of the necessity for the change, the appropriateness of the content after the change, the content of the change, and other circumstances related to the change.
2. If we amend, modify, or add to these Terms and Individual Provisions, we will notify you of the change, modification, or addition by posting the amended Terms and Individual Provisions on our website or the Service within a reasonable period from the effective date, or by other means specified by our company.
3. If you use the Service after we notify you of the change, modification, or addition, or if you do not terminate this Terms of Use Agreement within the period specified by our company (if any), you will be deemed to have agreed to the change, modification, or addition to these Terms and Individual Provisions.
4 In addition to the provisions of Paragraphs 1 through 3 of this Article, we may amend 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 following meanings, unless otherwise specified herein:
(i) "eSIM" or "eSIM profile" means a carrier profile for an RSP function compliant with GSMA standards or an embedded subscriber identity module with such function.
(ii) "Individual Provisions" means individual or additional provisions regarding the Service that we post on the Service's user screen or website, or distribute to you by email or other means, separate from these Terms and Conditions.
(iii) "Intellectual Property Rights" means patent rights, utility model rights, design rights, trademark rights, copyrights (including translation and adaptation rights and the original author's rights regarding the use of derivative works), and all other intellectual property rights, both domestic and international, as well as the right to register such rights.
④ "Personal Data" means information about a living individual, as defined by the Personal Information Protection Act, that can directly or indirectly identify that individual.
⑤ "Telecommunications Carrier" means a provider that provides telecommunications services in connection with the Service.

Article 4 (Application for Use)
1. To use the Service, you must apply as a user in the manner specified by our company. When applying, you must agree to comply with these Terms and Conditions and any individual provisions. You must also provide all information specified by our company (hereinafter referred to as "Application Information") and must not provide false information to our company.
2. If your application is approved, we will notify you in the manner specified by our company. However, we reserve the right to decide whether to approve your application at our sole discretion. Even if your application is not approved, we are not obligated to disclose the reason.
3 If there are any errors or changes in your application information, you shall notify us of such errors or changes or correct or change them yourself, at your own responsibility, in a manner specified by us. You shall be solely responsible for any loss or damage arising from falsehoods, errors, omissions, or omissions in your application information, and we shall not be liable for any such loss or damage.
4 If requested by us, you shall provide us with materials related to your application information.
5 Because eSIMs are digital products, if you disable or delete a QR code containing an activation code after it has been issued or after scanning the activation code from a QR code, that activation code will be considered used, and we will not be able to reissue the QR code or provide a refund.

Article 5 (Customer Information)
We will handle personal data and other information provided by you or collected by us in the course of your use of the Service in accordance with our separate privacy policy. 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 and Conditions, upon application for use of the Service, you shall pay to us the fees for use of the Service (hereinafter referred to as the "Usage Fees") in accordance with the amounts, payment methods, and other conditions specified by us, as set forth in the Individual Terms and Conditions.
2. We may, at our sole discretion, change the amount of the Usage Fees, payment methods, and other conditions at any time. If we make any changes, we will notify you of such changes with a reasonable period of time in advance or publicly announce the changes in a manner specified by us.
3. Unless otherwise expressly stated by us, we shall not be obligated to refund any paid Usage Fees to you under any circumstances.
4. If you fail to pay the Usage Fees in accordance with these Terms and Conditions, you will not be able to use the Service.

Article 7 (Use of the Service)
Details of the Service, such as the usage period, extension of the usage period, available data traffic volume, and additional available data volume, shall be governed by the Individual Terms and Conditions.

Article 8 (Eligible Countries of Use)
1. Countries in which you may use the Service (hereinafter referred to as "Eligible Countries of Use") are limited to those specified in the Individual Terms and Conditions.
2. During the Subscription Period, you may use the Service in multiple countries within the Eligible Countries. In such cases, your consumed data volume will be carried over even if you move between countries.
3. The Eligible Countries of Use may be changed at any time at our sole discretion. If such a change is made, we will notify you of the change with a reasonable period of time in advance or will publicly announce the change in a manner specified by us.

Article 9 (Network)
1. The terms and conditions for use of the Service and the content of the Service are subject to the Terms and Conditions and the content of the Service. We make no guarantee as to the availability, integrity, or other quality of the communication network.
2. Due to technical reasons, the communication network used by the Service may not be stable in all locations. For example, signal reception may be unstable indoors, in underground parking lots, on the upper floors of buildings, in tunnels, in mountainous areas, etc. We shall not be liable for any loss or damage incurred by you or any third party as a result of this.
3 In order to maintain network quality and ensure fair use of radio waves, the local telecommunications company may, without prior notice, limit data volume or suspend service for users who transmit large amounts of data in a short period of time, at its discretion. We shall not be liable for any loss or damage incurred by you or any third party as a result of this.

Article 10 (Devices)
1. This Service may only be used on unlocked, eSIM-compatible devices that are compatible with the communication system and frequency of the desired country. In addition, the device's OS must be the version specified in the Individual Terms and Conditions or a newer version. If your device does not support eSIM, if your SIM is unlocked, or if your device's OS does not have the required version, you will not be able to use this Service even if you have paid the service fee.
2. If you use a different device due to a model change or repair, you will not be able to continue using this Service on a device other than the one you used at the time of application, even during the usage period. To use this Service, you must apply for and pay the service fee again.

Article 11 (eSIM Management, etc.)
1. You are responsible for the management and use of eSIMs obtained from us. You are solely responsible for any loss or damage incurred by you or a third party due to 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 will immediately notify us in a manner separately specified by us and follow our instructions. You are solely responsible for any loss or damage incurred by you or a third party due to a third party's use of your eSIM, and we shall not be liable for any such loss or damage.

Article 12 (Prohibited Acts)
When using the Service, you shall not engage in any of the following acts.
1. Actions that violate or may violate applicable laws and regulations, court judgments, decisions, orders, or enforceable administrative actions.
2. Actions that are contrary to public order and morals or that may violate them.
3. Actions that infringe or may infringe the intellectual property rights, privacy rights, or other rights and interests of other users or third parties.
4. Actions that use the Service or allow third parties to use the Service beyond the scope permitted by these Terms of Use or individual provisions.
5. Actions that reverse engineer, decompile, disassemble, modify, or convert the Service, or attempts to decipher the source code, or other analytical actions.
6. Actions that place an excessive load on networks, servers, or systems connected to the Service.
7. Actions that cause damage to the Company, such as unauthorized access to the Service's system, unauthorized modification or deletion of information stored on our equipment, or other actions that cause damage to the Company.

Acts that are or may be considered to be criminal or criminal organizations or their members through the Service.
8. Acts that provide benefits to criminals, criminal organizations, or their members through the Service.
9. Acts that are contrary to these Terms of Use, Individual Provisions, or the purpose of the Service.
10. Acts that violate contracts with service providers affiliated with the Company.
11. Acts that directly or indirectly cause, incite, or encourage the above acts.
12. Other acts that the Company deems inappropriate.

Article 13 (Changes, Additions, and Suspension of the Service)
1. The Company reserves the right to change, modify, or add to the content of the Service, in whole or in part, at any time without prior notice to the customer.
2. The Company reserves the right to suspend provision of the Service, in whole or in part, without prior notice to the customer, if any of the following applies.
(1) Periodic 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.
(2) System overload due to excessive access or other unforeseen factors.
(3) System security or other issues requiring response occur.
(4) When a telecommunications carrier fails to provide services.
(5) When provision of the Service becomes difficult due to force majeure as defined in Article 21.
(6) When the Company is required to suspend provision of the Service pursuant to laws and regulations, a court judgment, ruling, or order, or a binding administrative action.
(7) When other events equivalent to those listed above occur.
3 In addition to the preceding paragraph, the Company may change, modify, or add to the content of the Service, or suspend or discontinue provision of the Service, without prior notice to the Customer, in response to changes in AIS's regulations or service content.
4 The Company shall not be liable under any circumstances for damages incurred by the Customer arising from changes, modifications, or additions to the content of the Service, or from the suspension or discontinuation of provision of the Service, pursuant to this Article.

Article 14 (Confidentiality)
1. You shall maintain the confidentiality of and protect all information designated as confidential by the Company and disclosed to you, as well as all information acquired by you in connection with the Service that is designated as confidential by the Company (collectively, "Confidential Information").
2. You may use Confidential Information solely for the purpose of using the Service or fulfilling your obligations under this Terms of Use Agreement, and shall not disclose Confidential Information to any third party without the Company's prior written consent.

Article 15 (Suspension of Use, etc.)
1. If you fall under any of the following items, or if the Company determines that you fall under any of the following items, the Company may, without prior notice to you, (i) temporarily suspend or restrict your use of the Service, or (ii) delete all or part of the information you provided in connection with the Service (collectively, "Suspension of Use, etc.").
① If you violate any provision of these Terms of Use
② If it is discovered that all or part of the registration information provided to us is false
③ If it is discovered that you have made fraudulent payments related to the Service
④ If you are currently subject to or have previously been subject to suspension of service or other sanctions
⑤ If there is reasonable cause to suspect that your credit card, eSIM, or device has been used fraudulently while using the Service
⑥ If you are a criminal, a criminal organization, or a member thereof, or if you are interacting with or providing convenience to a criminal organization, or are otherwise cooperating with or involved in the maintenance, operation, or management of a criminal organization, or if we determine that there is a risk of such behavior
⑦ If we determine that an incident equivalent to any of the preceding items has occurred
2 If we determine that you fall under any of the items in the preceding paragraph or are likely to fall under any of the items in the preceding paragraph, we may terminate this Terms of Use without prior notice to you.
3 Even after suspension of service or termination of this Terms of Use, you will not be relieved of all obligations and responsibilities under these Terms of Use.
4. Under no circumstances shall the Company be liable for any loss or damage incurred by you as a result of suspension of use or termination of this Terms of Use pursuant to Paragraphs 1 and 2 of this Article.

Article 16 (Monitoring)
If the Company determines that any of the items in Article 12 has occurred, the Company may check or monitor your card usage through the Service and your use of the Service.

Article 17 (Ownership of Rights)
You hereby acknowledge that, except as expressly provided in these Terms of Use, all intellectual property rights and other rights and titles to the Service and all information and data provided to you by the Company in connection with this Terms of Use belong to the Company (or its licensors), and that no such rights are or will be granted to you under this Terms of Use.

Article 18 (Disclaimers and No Warranties)
1. Except as otherwise expressly stated by us, we disclaim all warranties, express, implied, or statutory, regarding the Service (including, but not limited to, warranties of fitness for a particular purpose, expected benefits, functionality, merchantability, usefulness, compatibility, completeness, accuracy, continuity, reliability, practicality, availability, accessibility, legality, absence of security flaws, errors, bugs, viruses, or other defects, and non-infringement of third-party rights regarding content or other information provided through the Service).
2. If a dispute arises between you and a third party in connection with your use of the Service, you shall promptly notify us of the details of the dispute and resolve the dispute at your own responsibility and expense. If we respond to a complaint from a third party regarding you or a dispute between you and a third party, you shall indemnify us for all damages, losses, and expenses incurred by us as a result of the dispute.
3. We are not obligated to back up any information or data provided by you. You are solely responsible for backing up all information or data.

Article 19 (Indemnification)
1. To the extent permitted by law, you indemnify us from and shall be solely responsible for any and all actions, liabilities, obligations, damages, and losses (including, but not limited to, settlement costs, expert fees, litigation costs, and other reasonable expenses) arising from your breach or default of your obligations under this Agreement, your willful misconduct or negligence, or any claim or dispute against you by a third party in connection with your use of the Service.
2. You acknowledge and agree that a breach of your obligations under this Agreement may cause irreparable harm to us, that legal remedies for such a breach may be inadequate, and that in the event of such a breach, in addition to all other available remedies, we shall be entitled to an injunction enjoining the breach and requiring immediate and specific performance of obligations.

Article 20 (Limitation of Liability)
1. Notwithstanding any other provision of these Terms and Conditions, under no circumstances, whether in contract, tort, or otherwise, shall our total liability for all claims arising from this Terms and Conditions exceed the amount equivalent to the usage fees actually received by us under this Terms and Conditions, except in cases based on our willful misconduct or gross negligence.
2. Notwithstanding any other provision of these Terms and Conditions, in no event shall we be liable for incidental, consequential, indirect, or special 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 delay or failure to perform its obligations under this Terms of Use if such delay or failure is caused by acts of God, war, threat of war, state of war, hostilities, wartime conditions, blockade, embargo, detention, revolution, riot, port disturbance, looting, strike, lockout, epidemic or other disease, destruction of or damage to goods or facilities, fire, typhoon, earthquake, flood, or accident, or acts of governmental authorities, quasi-governmental agencies, or any political department, branch, or institution through no fault of the Company, or by shortages or interruptions of labor, materials, means of transportation, electricity, gas, or water, or labor disputes at the Company's or its suppliers' premises, or other causes beyond the Company's control (hereinafter referred to as "Force Majeure").

Article 22 (Term)
1. This Terms of Use Agreement between you and us shall come into effect upon our sending a notice of approval of your application for use and shall remain in effect until the expiration of the Terms of Use or until it is terminated in accordance with the provisions of these Terms.
2. Upon termination of this Terms of Use Agreement, you shall lose all rights to use the Service.
3. You agree that after termination of this Terms of Use Agreement, we have no obligation to retain any information or data provided by you in connection with your use of the Service.

Article 23 (Notifications)
1. Except as otherwise provided in these Terms of Use, we may provide you with notices and other communications regarding the Service by posting them on the Service or on a website operated by us, by email, or by other methods designated by us.
2. Except as otherwise provided in these Terms of Use, you shall provide notices, inquiries, and other communications to us regarding the Service using methods designated by us.
3. Details of our support services, business hours, etc. regarding the Service shall be determined separately by us.

Article 24 (Prohibition of Assignment)
1. You shall not sell, assign, otherwise transfer by merger or corporate split, pledge, or otherwise encumber or dispose of this Terms of Use or any rights or obligations hereunder, in whole or in part, without our prior written consent. Any attempt to assign, transfer, or otherwise attempt to do so in violation of this provision shall be void and unenforceable.
2. You agree in advance that if we assign or transfer the business related to the Service to a third party (hereinafter referred to as a "Business Transfer, etc."), we may transfer all of our title, rights, and obligations under this Terms of Use, as well as all information obtained by us in connection with the Service, to such third party. A Business Transfer, etc. shall include a comprehensive succession resulting from a merger, corporate split, or other reorganization in which we are the disappearing or splitting company.

Article 25 (Waiver)
Our failure to require you to perform any of your responsibilities or obligations under this Agreement shall not affect our right to require such performance at a later date. Furthermore, our waiver of a breach of any provision of these Terms shall not constitute a waiver of any subsequent breach of the same or any other provision of these Terms, nor shall it constitute a waiver of any liability or obligation.

Article 26 (Severability)
If any provision of these Terms is deemed to conflict with the laws of the jurisdiction in which the contract is performed or to be invalid or unenforceable against any person, such provision shall be deemed invalid, but these Terms shall otherwise remain valid.

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

Article 28 (Governing Law and Jurisdiction)
1. This Agreement shall be governed by and construed in accordance with the laws of Japan, without regard to conflict of laws provisions.
2. The Company and you shall notify each other of any disputes arising out of or relating to this Agreement.

We agree that the Tokyo District Court shall be the exclusive court of first instance for all litigation.

Enacted September 1, 2025