Terms and Conditions (Provision Terms)

Terms and Conditions (Provision Terms)

Japan&Global eSIM Terms of Use
In-Plus Co., Ltd. (hereinafter referred to as the “Company”) hereby establishes the following terms and conditions for the Japan&Global eSIM (hereinafter referred to as the “Service”) (hereinafter referred to as the “Terms”), under which the Service shall be provided.
The Service is a prepaid wireless data communication service developed by TSIMTECH CO., LIMITED (hereinafter referred to as “TSIMTECH”), and distributed in Japan through a business partnership and joint development with the Company. TSIMTECH is responsible for wireless data communication services, charging/activation operations, and overseas roaming operator selection, while the Company provides sales, agency services, and product development services within Japan.


Article 1 (Definitions)
The terms used in these Terms are defined as follows:

・“Service” means the prepaid wireless data communication service provided by the Company.

・“eSIM” means the service that activates the embedded component in the device purchased under these Terms, and specifically refers to Article 12 (eSIM).

・“Subscriber” means the individual who uses the Service.

・“Purchaser” means the individual who purchases the eSIM in order to use the Service.

・“Mobile Network Operator” means a mobile carrier that has entered into an interconnection agreement or other contracts with TSIMTECH for the provision of wireless data communication.

・“Wireless Data Communication” means the transmission of signals via packet switching provided by the Mobile Network Operator.

・“Subscriber Line” means the telecommunications line used by the Subscriber under the contract related to the Service.

・“Terminal Equipment” means the types of terminal devices defined under the Regulation on Technical Standards Conformity Certification of Terminal Equipment (Ordinance of the Ministry of Internal Affairs and Communications No. 15 of 2004).

Article 2 (These Terms)
The Subscriber shall use the Service in accordance with these Terms and other provisions related to the Service.
The Company may revise these Terms. In such case, the conditions of use of the Service shall be governed by the revised Terms.
If the Company revises these Terms, such revisions shall be announced on the Company’s website or on the Service, and shall take effect from the revision date specified at the time of publication.
The Service and its contents may be changed or terminated without prior notice.
These Terms are written in Japanese, and in the event of discrepancies between the Japanese version and any translation, the Japanese version shall prevail.

Article 3 (Policy on the Handling of Personal Information)
The Company shall use the personal information obtained from the Subscriber within the scope of the purposes of use specified in the Company’s “Handling of Personal Information,” and the Subscriber shall apply for the Service upon consenting to this.


Article 4 (Application for the Service and Usage Period)
The service agreement shall be established when the Purchaser agrees to these Terms, applies for the Service using the method designated by the Company, and the Company registers the Purchaser as a Subscriber.
However, if the purchased eSIM has an activation deadline, the Purchaser must apply for the Service using the Company’s designated method before such deadline.
If the Purchaser does not activate the eSIM by the activation deadline, the Purchaser shall be deemed to have abandoned the Service. Likewise, if the eSIM has an expiration date and the Purchaser does not activate it by that date, the Purchaser shall be deemed to have abandoned the Service. In such cases, the Company shall not refund the purchase price of the eSIM to the Purchaser.
If the Subscriber wishes to increase the data capacity of the Subscriber Line, change the usage period, or select the usage country under products that allow such options, the Subscriber may apply using the method designated by the Company, and upon the Company’s approval, the data capacity of the Subscriber Line shall be increased and the usage period extended or renewed. The Company’s approval shall be handled entirely by its business partner TSIMTECH.


Article 5 (Approval of Application for the Service)
With respect to the application stipulated in Article 4 (Application for the Service and Usage Period), if the Company confirms that the Purchaser falls under any of the following categories, the Company may refuse to approve such application, and the applicant for the Service shall acknowledge this in advance:

・If there is any false statement, error, omission, or input mistake in the application.

・If the applicant has previously had their eligibility to use this Service or any other service of the Company suspended or revoked.

・If the Company determines that acceptance of the application would cause obstacles in the execution of its operations or technical difficulties.


Article 6 (Use of the Service)
Except as expressly stipulated in these Terms, the Subscriber shall be fully responsible for information transmitted through the Service and for the use of the Service, and shall not cause any inconvenience or damage to other Subscribers, third parties, or the Company.
If, in connection with the use of the Service, the Subscriber causes damage to other Subscribers, third parties, or the Company, or if a dispute arises between the Subscriber and other Subscribers or third parties, the Subscriber shall, at their own expense and responsibility, compensate for such damage or resolve such dispute, and shall not cause any inconvenience or damage to the Company.

Article 7 (Service Area)
The service area of the Service shall be in accordance with the service area of the Mobile Network Operator. The Service can only be used when the connected terminal equipment is located within the service area. However, even within such service area, communication may not be possible in places where radio waves are difficult to reach, such as indoors, underground parking lots, behind buildings, tunnels, or mountainous areas.
In the case of the preceding paragraph, except where such inability to use the Service is caused by the willful misconduct or gross negligence of the Company, the Subscriber shall not claim any damages against the Company arising from the inability to use the Service.

Article 8 (Restrictions on Communication Time)

・The Company may restrict communication time or the use of communications in specific areas when communication is significantly congested.

・In the case of the preceding paragraph, in order to prioritize communications necessary for disaster prevention or relief, securing transportation, communication, or electricity supply, or maintaining order in the event of or in anticipation of natural disasters, incidents, or other emergencies, as well as communications urgently required for the public interest, the Company may, in accordance with the provisions of the Ordinance for Enforcement of the Telecommunications Business Act and through coordination with Mobile Network Operators, take measures to suspend the use of communications by mobile radio equipment other than those used by institutions designated by the Minister for Internal Affairs and Communications (including measures to suspend communications to Subscriber Lines in specific areas).

・To ensure fairness of use and provide the Service smoothly, the Company may restrict communication speed or volume when data traffic exceeds the network bandwidth limit.

・In the case of the preceding paragraph, the Subscriber shall not claim any damages against the Company arising from such restrictions on communication time, speed, or volume.


Article 9 (Restrictions on Use of Communications)

・The Company may temporarily restrict communications if technical, maintenance, or other unavoidable business-related reasons arise, or if communication restrictions are imposed by the Mobile Network Operator.

・In the case of the preceding paragraph, except where such restriction arises due to the willful misconduct or gross negligence of the Company, the Subscriber shall not claim any damages against the Company arising from the restriction of communications.


Article 10 (Use of International Roaming)

・The Subscriber may use international roaming to enjoy services within the wireless data communication service.

・When the Subscriber uses international roaming, the Subscriber shall pay the international roaming charges prescribed by the Company. In such case, the communication time, data volume, or number of communications subject to calculation of the international roaming charges shall be measured by the foreign telecommunications operator associated with such international roaming or by the Company’s equipment.

・Even within the international roaming service area designated by a foreign telecommunications operator, communication may not be possible in places where radio waves are difficult to reach, such as indoors or mountainous areas.

・The use of international roaming may be restricted by foreign laws and regulations or by the terms and conditions stipulated by foreign telecommunications operators.

・With respect to damages arising from the inability to use international roaming, the Company shall be liable only to the extent stipulated in Article 21 (Limitation of the Scope of Compensation by the Company), and shall bear no responsibility for any other damages.

・The service area and other conditions for the provision of international roaming shall be as separately prescribed by the Company.


Article 11 (Communication Speed, etc.)
The communication speed specified by the Company for the Service does not represent the upper limit of actual communication speeds, and the Subscriber acknowledges that communication speeds may vary and decrease due to connection conditions, the eSIM used by the Subscriber, information and communication devices, network environment, and other factors.
Communication speed is provided on a best-effort basis, and the actual speed varies depending on the communication environment and network congestion.
The Company does not provide any guarantee with respect to the communication speed of the Service.

Article 12 (eSIM)
The use of the Service requires a carrier profile for a subscriber identity module embedded in a smartphone or equivalent device, equipped with RSP functionality compliant with GSMA standards, or an embedded module having such functionality.
The Subscriber shall bear responsibility for damages resulting from insufficient management, misuse, or use by third parties of the eSIM, and the Company shall bear no liability. Furthermore, any charges incurred due to use of the eSIM by a third party shall be borne entirely by the Subscriber, who is responsible for managing the SIM.
The Company cannot provide warranties for malfunctions of the eSIM not attributable to the Subscriber. However, in the event of a malfunction caused by the Company, the Company shall be obliged, at its own expense, to replace the eSIM (excluding replacement with an eSIM of a different type; the same applies hereinafter).
The Subscriber shall not read, modify, or delete the subscriber identification number (ICCID) or other information registered on the eSIM.
The Subscriber shall not make changes, cause damage, or otherwise interfere with the eSIM that may hinder the operations of the Company, the Mobile Network Operator, or third parties. If the eSIM is damaged due to reasons attributable to the Subscriber, the costs of replacement shall be borne by the Subscriber, who shall pay such costs to the Company.
The Subscriber acknowledges in advance that, except in the case specified in the preceding paragraph, the eSIM cannot be returned or exchanged.

Article 13 (Suspension of Service Provision)
The Company may suspend the provision of the Service in any of the following cases:

・When unavoidable for the maintenance or construction of telecommunications facilities.

・When restricting the use of communications pursuant to Article 8 (Restrictions on Communication Time) or Article 9 (Restrictions on Use of Communications).

・When restricting the use of communications pursuant to the terms and conditions of the Mobile Network Operator.

・The Company shall not provide any compensation for damages or refunds of all or part of the Service fees in connection with suspensions of use pursuant to this Article.


Article 14 (Suspension of Use)
The Company may suspend the provision of the Service for a period prescribed by the Company if the Subscriber falls under any of the following circumstances:

・When it is found that false information was provided in the Company’s prescribed application documents for the Service, or when it is suspected from the contents of such documents that the Service is intended for fraudulent use.

・When an act is carried out that significantly interferes with, or is likely to interfere with, the Company’s business or telecommunications facilities related to the Service.

・When the Service is used in a manner that causes significant disruption to other Subscribers.

・When the Service is used in an illegal manner.

・When the Company determines that the Subscriber has violated obligations stipulated in these Terms.

・When the Company determines that the Subscriber has violated obligations stipulated in these Terms in connection with the use of other telecommunications services contracted or previously contracted with the Company.

・In addition to the above, when the Company determines that the Subscriber has acted contrary to public order and morals, infringed the rights of third parties, or interfered, or is likely to interfere, with the Company’s business operations or telecommunications facilities related to the Service.


Article 15 (Termination of Service Agreement by the Company)

・If a Subscriber whose provision of the Service has been suspended under Article 14, paragraph 1, fails to rectify such circumstances, the Company may terminate the Service agreement.

・If the Subscriber falls under any of the items listed in Article 14, paragraph 1, and the Company recognizes that such fact significantly interferes with the execution of its business, the Company may terminate the Service agreement without prior suspension of use, notwithstanding the provisions of the preceding paragraph.

・If the Subscriber violates the provisions of the Act on Prevention of Illegal Mobile Phone Use, or if the Company determines that the Subscriber is using or is likely to use the Service for fraudulent purposes, the Company shall terminate the Service agreement.

・In the event that the Company intends to terminate the agreement pursuant to the preceding three paragraphs, the Company shall notify the Subscriber of such termination in advance.

 

Article 16 (Termination of Contract by Subscriber)
The Subscriber acknowledges in advance that they may not terminate the Service agreement during the validity period of the Service.
If, upon replacement of the eSIM, the Subscriber fails to receive the replacement eSIM, the Service shall be terminated on a date separately designated by the Company.

Article 17 (Fees)
Unless otherwise stipulated in these Terms, the Subscriber shall, at the time of applying for the Service, pay to the Company the fees for the use of the Service (hereinafter referred to as the “Usage Fees”) in the amount, by the payment method, and under the conditions specified by the Company in the individual provisions.
The Company may, at its sole discretion, change the amount of the Usage Fees, the payment method, and other conditions from time to time. In the event of such changes, the Company shall notify the Subscriber in advance or announce such changes in a manner prescribed by the Company.
Unless the Company expressly states otherwise, the Company shall, under no circumstances, be obligated to refund the Usage Fees already paid by the Subscriber.
If the Subscriber fails to pay the Usage Fees in accordance with these Terms, the Subscriber shall not be able to use the Service.

Article 18 (Calculation of Fees and Additional Charges, etc.)
The method of calculating fees and the method of payment shall be determined separately by the Company. The Company shall provide such information at a location designated by the Company.

Article 19 (Changes to Fees, etc.)
The Company may, by providing prior notice to the Subscriber in a manner deemed appropriate by the Company, change the Service fees and payment methods. However, details regarding such changes to Service fees and payment methods may be notified to the Subscriber by posting on the Company’s website or by posting at another location deemed appropriate by the Company, in lieu of direct notice.

Article 20 (Management of eSIM, etc.)
The Subscriber shall be responsible for the management and use of the eSIM obtained from the Company. The Subscriber shall bear sole responsibility for any losses or damages incurred by the Subscriber or third parties due to improper management or use of the Subscriber’s eSIM, and the Company shall bear no responsibility whatsoever for such losses or damages.
If the Subscriber discovers that their eSIM is being used by a third party, the Subscriber shall immediately notify the Company of such fact and follow the instructions provided by the Company. The Subscriber shall bear sole responsibility for any losses or damages incurred by the Subscriber or third parties due to the use of the Subscriber’s eSIM by a third party, and the Company shall bear no responsibility whatsoever for such losses or damages.

Article 21 (Limitation of the Scope of Compensation by the Company)
If damage is caused to the Subscriber, etc. due to reasons attributable to the Company, the Company shall be liable only for direct and ordinary damages incurred by the Subscriber, etc., and only within the scope of the Service usage fees. The Company shall not be liable for any special damages, including lost profits, regardless of foreseeability.

Article 22 (Disclaimer)

・In the course of repairing or restoring telecommunications, the contents stored in the telecommunications equipment, such as speed dial numbers, messages, data, and information, may be altered or lost. Except where such damage is caused by the willful misconduct or gross negligence of the Company, the Company shall not be liable for any damages arising therefrom.

・Even if modifications or changes to terminal equipment become necessary due to changes in these Terms or related provisions, the Company shall not bear the costs required for such modifications or changes.

Article 23 (Company’s Maintenance Responsibility)
The Company shall endeavor to ensure that its telecommunications facilities conform to the Regulations for Business-Use Telecommunications Facilities (Ministry of Posts and Telecommunications Ordinance No. 30 of 1985).

Article 24 (Subscriber’s Maintenance Responsibility and Terminals)
The Subscriber shall maintain terminal equipment in conformity with the technical standards and technical conditions prescribed by the Company.
In addition to the provisions of the preceding paragraph, the Subscriber shall maintain terminal equipment (limited to mobile wireless devices) in conformity with the Radio Equipment Regulations.
The Subscriber shall be responsible for ensuring that their terminal equipment (limited to mobile wireless devices) and telecommunications equipment (limited to mobile wireless devices) remain free from threats of information security breaches.
The Service may only be used with SIM-unlocked, eSIM-compatible devices that conform to the communication systems and frequencies of the country in which the Subscriber wishes to use the Service. Furthermore, the device OS must be the version specified in the individual provisions or a newer version. If the Subscriber’s device does not support eSIM, if the Subscriber’s device is not SIM-unlocked, or if the Subscriber’s device OS does not meet the required version, the Service cannot be used even if the Usage Fees have been paid.
If the Subscriber changes devices or uses another device due to repair or other reasons, the Subscriber may not continue to use the Service with the new device, even during the usage period. To use the Service, the Subscriber must reapply and pay the Usage Fees.

Article 25 (Limitations of Warranty)
The Company cannot guarantee the quality of communications with respect to telecommunications facilities of interconnecting carriers connected via interconnection points, except for the Company’s own telecommunications facilities.
Due to the technical standards of the Internet and computers, the technical standards of telecommunications infrastructure, and the high complexity of the network itself, the Company cannot guarantee that the Service will be free of defects based on the current general technical standards.

Article 26 (Support)
The Company shall provide technical support to the Subscriber regarding the use of the Service, as specified by the Company.
Except as provided in the preceding paragraph, the Company shall not be obligated to provide the Subscriber with any technical services, including but not limited to maintenance, debugging, updates, or upgrades.

Article 27 (Prohibited Acts)
The Subscriber shall not engage in the following acts when using the Service:

・Acts that infringe upon the copyrights or other intellectual property rights of other Subscribers, third parties, or the Company.

・Acts that infringe upon the property, privacy, or portrait rights of other Subscribers or third parties.

・Acts that discriminate against, defame, or slander other Subscribers or third parties, or that damage their reputation or credibility.

・Acts that are connected to fraud or other criminal activity.

・Acts of transmitting or posting images, documents, etc. that constitute obscenity, child pornography, or child abuse.

・Acts of transmitting or posting false information, or falsifying or deleting information.

・Acts conducted for profit or for the preparation of profit through the Service or in connection with the Service without prior approval from the Company.

・Acts that interfere with the operation of the Service or with servers or equipment managed by third parties.

・Acts of sending advertising, promotional, or solicitation emails without authorization to other Subscribers or third parties, acts of sending large volumes of email that interfere with the sending and receiving of email by other Subscribers or third parties, or acts of sending emails that may cause recipients to feel discomfort or harassment (harassing emails).

・Acts of using or providing computer viruses or other harmful programs, or acts of supporting, advertising, or promoting such programs.

・Acts that violate laws or public order and morals (including but not limited to prostitution, violence, or cruelty), or acts that cause disadvantage to other Subscribers or third parties.

・Acts of transferring, lending, reselling, changing the name of, pledging, or otherwise providing the Service as collateral.

・Acts that promote the acts set forth in the preceding items, or acts that the Company determines may fall under any of the preceding items.

・Other acts that the Company deems inappropriate.

Article 28 (Transmission of Location Information)
If, during communications between the Company’s telecommunications facilities and the Subscriber Line through the interconnection point established by the Mobile Network Operator with the Company and TSIMTECH, a request for location information (meaning information regarding the location of the mobile wireless device connected to the Subscriber Line; the same shall apply in this Article) is made by the Mobile Network Operator in a manner separately prescribed, the Subscriber shall be deemed to have consented in advance to the transmission of such location information to the interconnection point, provided that the Subscriber has previously configured the settings to allow the transmission of location information to the Company.
The Company shall bear no responsibility whatsoever for damages arising from location information transmitted pursuant to the preceding paragraph, regardless of the cause.

Article 29 (Information Collection)
The Company may collect and use information necessary to provide technical support and other services related to the Service. The Subscriber acknowledges in advance that if the required information is not provided by the Subscriber, the Company may not be able to provide sufficient technical support or related services.

Article 30 (Subscriber Verification)
When purchasing an eSIM, the Purchaser may be required to present identification documents as requested by the Company.
If the Service falls under those specified in the Act on Prevention of Illegal Mobile Phone Use, the Purchaser shall present official identification documents of the Subscriber as stipulated in said Act.

Article 31 (Discontinuation of the Service)
The Company may modify, add to, or discontinue all or part of the Service.
If the Company discontinues the Service pursuant to the preceding paragraph, it shall notify the Subscriber a reasonable period in advance.

Article 32 (Changes in Technical Specifications of the Service, etc.)
Even if changes in technical specifications or other conditions of the Service, or replacement of telecommunications facilities, require modification or removal of the eSIM used by the Subscriber, the Company shall not bear the costs of such modification or removal.

Article 33 (Prohibition of Assignment)
The Subscriber shall not assign their status as a Subscriber, nor any rights or obligations under these Terms, to any third party without the prior consent of the Company.

Article 34 (Severability)
Even if any part of these Terms is found to be invalid or unenforceable, the validity of the remaining provisions shall not be affected, and they shall remain in full force and effect in accordance with their terms.


Article 35 (Consultation)
In the event of any doubt or dispute arising in connection with the Service or these Terms, the Company and the Subscriber shall resolve such matters through sincere consultation.

Article 36 (Agreed Jurisdiction)
If litigation becomes necessary between the Subscriber and the Company in connection with these Terms, the Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction as the court of first instance.

Article 37 (Governing Law)
The formation, validity, performance, and interpretation of these Terms shall be governed by the laws of Japan.

Established: August 1, 2023
Revised: June 28, 2024

◆ Domestic Distributor in Japan: In-Plus Co., Ltd. (Japan)
Shibuya Square Building, 3-5-16 Shibuya, Shibuya-ku, Tokyo 150-0002, Japan