These terms of use (hereinafter referred to as "Terms of Use") apply to the "Berry eSIM", a data communication service using eSIM provided by a2network Corporation (hereafter referred to as "the Company"), defines the rights and obligations of a2network and you with respect to the use of "Berry eSIM" (hereafter referred to as "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 Terms)
1 This Terms of Use sets forth the Terms of Use governing the use of the Service and is made between a2network, a corporation incorporated and existing under the laws of Japan and having its head office at 1-8-1 Shimo-Meguro, Meguro-ku, Tokyo, and you, forming a binding agreement regarding use of the Service. You shall comply with this Terms of Use in using the Service.
2 The Individual Terms (defined in Article 3) are incorporated into these Terms of Use as a part of the Terms of Use. In the event of any inconsistency between the Terms of Use and the Individual Terms, the Individual Terms shall take precedence.
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 Terms of Use with the Company. In such case, such organization shall become a party to the Terms of Use and shall be obligated to comply with the Terms of Use (in this case, "you” in the Terms of Use 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 parent or guardian with parental authority or authority to consent under applicable law to use the Services and to enter into this Terms of Use with us. You may not use the Services without the prior consent of such consenting authority. When you agree to these Terms of Use, you are deemed to have obtained the necessary consent from the Consent Right Holder.
5 You agree that the Company may require you to meet certain conditions specified by the Company with respect to the use of all or part of the Service.
Article 2 (Changes, Modifications and Additions)
1. The Company may, at any time and in its sole discretion, modify, alter, or add to the Terms and Conditions or any individual provision. The Company may, at any time and in its sole discretion, modify, alter, or add to the Terms and Conditions or any individual provision thereof.
2. In the event of any modification, amendment, or addition to the Terms and Conditions, the Company shall post such modification, amendment, or addition on the Company's website or the Service, or in any other manner determined by the Company. Company shall notify you of any change, modification, or addition to these Terms and Conditions by posting such change, modification, or addition on the Company's website.
3. The Company shall notifyof such change, modification or addition. If you use the Service after the Company has notified you of such change, modification, or addition, or if you use the Service after the Company has notified you of such change, modification, or addition, or if you use the Service after the Company's.
4. If you use the Service after giving notice of such change, modification or addition, or if you do not terminate this Terms of Use within the period (if any) specified by us, you shall be deemed to have agreed to such change, modification or addition.
Article 3 (Definitions)
In these Terms of Use, the following terms shall have the meanings set forth below, unless otherwise provided in these Terms of Use.
(i) "eSIM" or "eSIM Profile" means an RSP function that conforms to GSMA standards or a profile for carriers of a terminal-embedded subscriber identification module with such function.
(ii) "Individual Regulations" means individual or additional regulations concerning the Service that we post on the Service usage screen or on our website, or distribute to you via e-mail, etc., separately from these Terms of Use.
(iii) "Intellectual Property Rights" means all domestic and foreign 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), all other intellectual property rights, and all other intellectual property rights.
(iv) "Personal Data" means information about a living individual that directly or indirectly identifies the individual, as defined in the Personal Information Protection Law.
(v) "Telecommunications carrier" means a carrier that provides telecommunications services in relation to 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, you must agree to comply with the Terms of Use and individual regulations. In addition, you shall provide any and all information specified by the Company (hereinafter referred to as "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 the Company approves your application, the Company shall notify you thereof in a manner determined by the Company. 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. If there are any errors or changes in the application information, you shall, at your own responsibility, notify the Company of such errors or changes, or correct or change the information yourself, in a manner determined 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 You shall provide the Company with materials related to the application information when requested by the Company.
Article 5 (Your Information)
The Company shall handle personal data and other information provided by you or collected by the Company upon your use of the Service in accordance with the Privacy Policy separately established by the Company. You hereby consent to the handling of such personal data and other information.
Article 6 (Usage Fees)
1. Except as otherwise provided in these Terms of Use, upon application for use of the Service, you shall pay to the Company the fees for use of the Service (the "Usage Fees") in accordance with the amount, payment method, and other Terms of Use set forth by the Company, as set forth in the Individual Rules.
2. The Company may, at its sole discretion, change the amount, payment method, or other conditions of the Usage Fees at any time. In the event of such 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 fees to you.
4 If you do not pay the usage fee in accordance with these Terms of Use, you may not use the Service.
Article 7 (Use of the 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 additions to the amount of available data, shall be subject to the provisions of the Individual Rules.
Article 8 (Countries Eligible for Use)
1. The countries in which the Service is available to you ("Countries of Use") shall be limited to the countries specified in the Individual Rules.
2 You may use the Services in multiple countries within the Countries of Use during the Term of Use. In such case, the data consumption will be succeeded even if you 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 such change, the Company shall notify you of such change with a reasonable period of time in advance, or shall publicly announce such change in a manner determined by the Company.
Article 9 (Network)
1 The Service is provided by Advanced Wireless Network Co. and Advanced Wireless Service Public Company Limited (hereinafter collectively referred to as "AIS") in the Kingdom of Thailand. The Terms of Use of use of the Service and the contents of the Service shall be in accordance with the rules and regulations and the contents of the Service of AIS. AIS does not guarantee the usefulness, integrity, or other qualities of the communication network used for the Service.
2. The communication network used in the 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. The Company 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 use of the signal, this service may limit the amount of communication or suspend the line at the discretion of the local telecommunications company without prior notice from the Company for users who conduct 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 you or any third party as a result of such restrictions or suspensions.
Article 10 (Terminals)
1 The Service is available only to eSIM compatible handsets that are SIM-unlocked and compatible with the communication method and frequency of the country in which you wish 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 is not unlocked, or if your terminal's OS does not have the required version, you will not be able to use the Service even if you have paid the usage fee.
2. If you use a different terminal due to a model change or repair, etc., you may not continue to use the Service with a terminal other than the one used at the time of application, even during the usage period. In order to use the Service, you must apply for the Service again and pay the usage fee.
Article 11 (Management of eSIM, etc.)
1. You shall be responsible for the management and use of the eSIM 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 prescribed by Us and comply with 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)
You shall not engage in any of the following acts when using the Service.
(i) Actions that violate or may violate applicable laws, court judgments, decisions, orders, or enforceable administrative dispositions.
(ii) Actions 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 and interests of other users or third parties
(iv) Acts of using the Service beyond the scope permitted by these Terms of Use or individual provisions, or acts of inducing a third party to 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 the Service, unauthorized rewriting or deletion of information stored in the Company's facilities, or other acts that cause or may cause damage to the Company.
(viii) Acts that provide benefits to criminals, criminal organizations, or their members through this service.
(ix) Acts that are contrary to these Terms of Service, individual regulations, or the purpose of the Service.
(x) Acts that violate contracts with service providers in partnership with the Company.
(xi) Directly or indirectly causing, instigating, or encouraging the above acts.
(xii) Any other acts that the Company deems inappropriate.
Article 13 (Change, Addition, or 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.
2 The Company reserves the right to suspend provision of all or part of the Service without prior notice to you in any of the following cases
(i) Periodic or emergency maintenance or repair of hardware, software, communications 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) System security or other problems that require action
(iv) Cases in which telecommunications carriers do not provide service
(v) When it becomes difficult to provide this service due to force majeure as stipulated in Article 21
(vi) When the Company is required to suspend provision of the Service due to laws and regulations, court judgments, decisions, orders, enforceable administrative dispositions, etc.
(vii) When there are other reasons similar to the preceding items.
3 In addition to the preceding paragraph, the Company may change, modify, or add contents of the Service, or suspend or discontinue provision of the Service, without prior notice to you, 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 you due to changes, modifications, or additions to the contents of the Service, or suspension or discontinuation of provision of the Service in accordance with this Article.
Article 14 (Confidentiality)
1 You shall keep confidential and protect any and all information that the Company designates as confidential and discloses, and any and all information acquired by you in connection with the Services and designated by the Company as confidential (collectively, the "Confidential Information"). You shall maintain and protect the Confidential Information (hereinafter collectively referred to as "Confidential Information") in confidence.
2 You may use the Confidential Information solely for the purpose of using the Services or performing your obligations under this Terms of Use, and shall not disclose the Confidential Information to any third party without our prior written consent.
Article 15 (Suspension of Use, etc.)
1 In the event that you fall under any of the following items, or if the Company deems 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 have provided with respect to the Service (collectively, "Suspension of Use, etc.").
(i) When you violate any of the provisions of these Terms of Use
(ii) When all or part of the registration information provided to the Company is found to be false
(iii) In the event that unauthorized payments related to the Service are found to have been made
(iv) When you are currently under suspension of use or has been under such suspension 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 you are or may be a criminal, a criminal organization or a member of a criminal organization, or that you are interacting with, providing benefits to, or otherwise cooperating or participating in the maintenance, operation, or management of a criminal organization
(vii) If the Company deems that a situation equivalent to any of the preceding items has occurred.
2 If the Company determines that you fall under any of the items of the preceding paragraph or is likely to do so, the Company may terminate this Terms of Use without prior notice to you.
3 You shall not be released from all obligations and responsibilities under these Terms of Use even after suspension of use, etc. or termination of the Terms of Use.
4 In no event shall the Company be liable for any loss or damage incurred by you arising from the suspension of use, etc. or termination of this Terms of Use pursuant to 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 there is a suspicion that any of the items in Article 12 have occurred.
Article 17 (Attribution of Rights)
Except as expressly provided in these Terms of Use, you acknowledge and agree 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 this Terms of Use shall belong to the Company (or those who have licensed their use to us), and that the Company shall not be liable for any loss or damage arising from the use of such information and data. You hereby confirm that all intellectual property rights and all other rights and authority with respect to any and all information and data provided by the Company to you in connection with the Terms of Use belong to the Company (or any licensor of the Company) and that no such rights are granted to you now or in the future under the Terms of Use.
Article 18 (Disclaimer and Non-warranty)
1. Except as otherwise expressly stated by the Company, the Company disclaims all warranties with respect to the Services, whether express, implied or statutory, including, but not limited to, implied warranties of fitness for a particular purpose, the expected benefit to you, functionality, merchantability, usefulness, compatibility, completeness, accuracy, continuity, reliability, utility, availability, accessibility, legality, and absence of security defects, errors, bugs, viruses, or other defects.
2. If a dispute arises between you and a third party in connection with your use of the Services, you shall promptly notify us of the details of the dispute and resolve the dispute at your own responsibility and expense. In the event that the Company responds to a complaint from a third party regarding 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 shall not be obligated to back up any information or data provided by you. You shall back up all information or data at your own risk.
Article 19 (Indemnification)
1 You agree, to the extent permitted by law, to indemnify, defend, and hold harmless the Company from and against any and all actions, liabilities, and obligations arising out of (i) your breach or non-performance of any obligation under this Terms of Use, (ii) your intentional or negligent acts, or (iii) any claim or dispute against you from any third party related to your use of the Services (including but not limited to settlement costs, professional fees, legal fees and other reasonable expenses)
2 You agree that any breach of your obligations under this Terms of Use may cause irreparable harm to us, that your legal remedies for such breach may be inadequate, and that in the event of such breach, in addition to all other available remedies, we may enjoin the breach, you acknowledge and agree that, in the event of any such breach, we shall be entitled to an injunction to enjoin the breach and require immediate and specific performance of our obligations.
article 20 (limitation of liability)
1 Notwithstanding any other provision of the Terms of Use, under no circumstances, whether in contract, tort, or otherwise, shall our total liability for any and all claims arising out of this Terms of Use exceed the amount of fees actually received by us under this Terms of Use, unless such claims are based on our intentional or gross negligence.
2 Notwithstanding any other provision of these Terms of Use, in no event shall the Company be liable for any incidental, consequential, indirect or special damages (including, but not limited to, lost profits and punitive damages) even if the Company has been advised of the possibility of such damages.
Article 21 (Force Majeure)
In the event of acts of God, war, threat of war, state of war, hostilities, wartime regime, blockade, suspension of commerce, detention, revolution, riot, port disruption, looting, strike, lockout, epidemic or other epidemic, destruction or damage to goods or facilities, fire, typhoon, earthquake, flood, accident, or any other cause beyond the Company's control, the Company shall not be liable for any damage arising out of or in connection with such acts. or due to acts of any governmental authority, quasi-governmental agency or any political department, division or agency, or due to shortages or cutoffs of workers, 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"). In the event that the performance of obligations under this Terms of Use is delayed or rendered impossible due to Force Majeure or other causes beyond the Company's control, the Company shall not be liable for non-performance of such obligations.
Article 22 (Term)
1 This Terms of Use 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 Terms of Use, you 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 the use of the Service after the termination of this Terms of Use.
Article 23 (Notification)
1 Except as otherwise provided in this Terms of Use, the Company may provide you with notices and other communications regarding the Services by posting on the Services or the Company-operated websites, by e-mail, or by any other method the Company determines.
2 Except as otherwise provided in this Terms of Use, you shall give notices, inquiries, and other communications to the Company relating to the Services by the method designated by the Company.
3 Details of the Company's support, business hours, etc., with respect to the Service shall be as separately stipulated 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 Terms of Use or any rights or obligations under this Terms of Use, in whole or in part, without the Company's 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 assigns or transfers its business relating to the Service to a third party (hereinafter referred to as "Business Transfer, etc."), you shall (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."), the Company may transfer all of its title, rights, and obligations under this Terms of Use, as well as all information obtained by the Company in connection with the Service, to such third party. Business transfer, etc. shall include comprehensive succession through merger, company split, or other reorganization in which the Company becomes an extinct company or a splitting company.
Article 25 (Waiver)
The Company's failure to require you to perform any of its responsibilities or obligations under the Terms of Use shall in no way affect your subsequent right to demand such performance. Further, the waiver by us of any breach of any provision of these Terms of Use shall not constitute a waiver of any subsequent breach of the same provision or any other provision of these Terms of Use, nor shall it constitute a waiver of any liability or obligation itself.
Article 26 (Severability)
If any provision of these Terms of Use shall be deemed to be in conflict with the laws of the jurisdiction in which the contract is performed or shall be deemed invalid or unenforceable against any person, such provision shall be deemed null and void, but these Terms of Use shall in all other respects remain in full force and effect.
Article 27 (Language)
The Terms of Use is written in Japanese. The Terms of Use may be translated into languages other than Japanese, but in all cases the Japanese text shall prevail.
Article 28 (Governing Law and Court of Jurisdiction)
1 This Terms of Use 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 you agree to submit to the exclusive jurisdiction of the Tokyo District Court as the court of first instance with respect to any and all litigation arising out of or relating to this Terms of Use.
Enacted on January 10, 2024
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