OMOTENASHI MOBILE

Chapter 1: General Provisions

Article 1 (Application of Terms and Conditions)

Dare Demo Mobile Inc. (hereinafter referred to as "the Company") provides services under these terms and conditions of the Dare Demo Mobile Service Contract (hereinafter referred to as "these Terms of Use") to subscribers (hereinafter referred to as "Subscribers") who have entered into a contract with us.

Article 2 (Changes to the Terms of Use)

1. The Company may change these Terms of Use without prior notice or after a certain notice period, without the agreement of the Subscribers.
2. In the event of changes to these Terms of Use, details of the changes, the content of the Terms of Use after the change, and the effective date will be made known on the Company's website or by other appropriate means.

Article 3 (Definition of Terms)

Term	Meaning of the Term
This Service	The collective term for services provided by the Company under the name of Dare Demo Mobile Service
This Service Contract	The contract concerning the use of this Service
Mobile Phone Carrier	The telecommunications carrier providing the basic telecommunications service for this Service ※The current mobile phone carrier is NTT Docomo Inc.
Subscriber	The subscriber who has concluded a service contract with the Company
This SIM Card	The SIM card lent to the Subscriber by the Company based on this Service Contract

Article 4 (Service Provision Area)

1. The communication area for this Service shall be the same as the communication area of the mobile phone carrier. However, even within the communication area, communication may not be possible in places where radio waves are difficult to reach, such as indoors, underground parking lots, behind buildings, tunnels, and mountainous areas.
2. In the case mentioned in the proviso of the preceding paragraph, the Subscriber cannot claim compensation for damages from the Company due to the inability to use the Service, except in cases caused by the Company's intent or gross negligence.

Chapter 2: Application and Acceptance, etc.

Article 5 (Unit of Contract)

This Service is contracted for each telecommunications number, one contract (hereinafter referred to as "Usage Contract") per number.

Article 6 (Application)

1. Applications for the use of this Service (hereinafter referred to as "Application") shall be made by the methods prescribed by the Company for each Service.
2. A contract for this Service is established when the Company registers the applicant as a Subscriber of this Service.
3. The start date of the Service, which is the basis for the start of billing of the Service charges, will be designated by the Company.

Article 7 (Acceptance of Application, etc.)

1. The Company may refuse an application if the applicant has any of the following:

   • (1) False statements, errors, or omissions in the application
   • (2) When the credit card specified by the applicant at the time of application cannot be used legitimately or the name of the applicant and the cardholder differ
   • (3) When the applicant has previously been suspended from using this Service or other services of the Company, has unpaid or overdue charges, or has acted to evade payment unjustly
   • (4) When the applicant is under 18 years of age
   • (5) When the Company determines that the application is inappropriate or fraudulent, or that there is no intention to use the Service
   • (6) When the Company determines that there are credit-related, operational, or technical reasons
2. When the Company accepts the application, the contract document as required by Article 26-2 of the Telecommunications Business Law will be delivered via a web page or email.

Article 8 (Requirements for Using the Service, etc.)

The Subscriber shall designate an email address to the Company for notifications and communications from the Company to the Subscriber.
Sending an email to this email address by the Company will be deemed as an expression of intent or transmission of facts from the Company to the Subscriber.

Article 9 (Minimum Usage Period)

The minimum usage period of this Service Contract will be until the end of the month two years after the month of activation. If the activation date is before March 2023, the minimum usage period will be until the end of the month five months after the month of activation.
In the case of re-contracting after cancellation, the monthly fees for the first month and the second month will be charged as an initial cost.
If you cancel outside the minimum usage period or in case of forced cancellation, a cancellation fee for outside the contract period will be charged.

Chapter 3: Changes to Contractual Matters, etc.

Article 10 (Change of Service Content)

1. The Subscriber may request a change in the content of this Service Contract concerning the matters defined in the service specifications. In such cases, the Company may refuse the change based on the Subscriber's payment performance over the past three months.
2. The provisions of Article 6 (Application) Paragraph 2 and Article 7 (Acceptance of Application, etc.) shall apply mutatis mutandis to the requests mentioned in the preceding paragraph.
   In this case, "Application" in the said articles shall be read as "Request for Change," and "Applicant" as "Subscriber."
3. If payment is not made by the due date (end of the month prior to the month of use) and is delayed, the plan will change to 3GB + unlimited calls (5,300 yen per month) from the following month of the delay. ※This does not apply if you are on a 1GB or 3GB plan.

Article 11 (Change of Subscriber's Name, etc.)

The Subscriber shall promptly notify the Company of any changes in their name, address, place of residence, or other matters designated by the Company.

Chapter 4: Restriction and Suspension of Use, and Termination of Service

Article 12 (Interruption of Provision)

1. The Company may interrupt the provision of this Service in any of the following cases:

   • (1) When communication usage is restricted according to Article 18 (Restriction of Communication Usage) or Article 19 (Restriction of Communication Time, etc.)
   • (2) When communication usage is restricted by the contract between the mobile phone carrier and the Company
   • (3) When the conditions for the interruption of provision stipulated in these Terms of Use are met
2. The Company shall not be liable for damages nor refund or exempt the entire or part of the fees related to this Service in case of suspension of use based on this article.

Article 13 (Suspension of Use, etc.)

1. The Company may suspend or limit the provision of all or part of the Service for the User if any of the following occurs:

   • (1) When the User violates the obligations stipulated in these Terms of Use
   • (2) When the User fails to pay the service fees or other debts to the Company even after the payment deadline (including cases where no payment is made by the method specified by the Company, and when payment is made after the due date and the Company cannot confirm the payment)
   • (3) When the Service is used illegally or in a manner obviously against public order and morals
   • (4) When the Service is used in a manner that significantly hinders the use of the services provided by the Company, either directly or indirectly
   • (5) When the use of the Service may damage the credibility of the services provided by the Company
   • (6) When it corresponds to the reasons for rejection of application stipulated in Article 7 (Acceptance of Application) Paragraph 1
   • (7) When the wholesale telecommunication service provider suspends the service to the Company due to the inappropriate use of the Service
   • (8) When subjected to compulsory execution, foreclosure auction, provisional disposition, delinquency in public taxes and dues, filing for bankruptcy, special liquidation, civil rehabilitation, or other significant credit deterioration
   • (9) When criminal acts or acts connected to crime are conducted using the Service
   • (10) When the Service is used in a manner deemed inappropriate by the Company other than those listed above
   • (11) When the Company judges there is a possibility of inappropriate use
2. When taking the measures of suspension or limitation of use as provided in the preceding paragraph, the Company shall notify the User in advance of the reasons (corresponding to the reasons listed in the preceding paragraph) and the period. However, this is not the case in emergencies.
3. Notwithstanding the provisions of Paragraph 1 of this Article, the Company may demand the User to rectify the cause within a specified period instead of taking the measures in the same paragraph. However, this does not prevent the Company from taking the measures provided in Paragraph 1 of this Article.
4. When requested by the Company for an explanation regarding the use of the Service, the User shall comply with such request. However, if the User's acts related to the use do not violate any laws and there are legitimate reasons such as business secrets, this does not apply.

Article 14 (Discontinuation of the Service)

1. The Company may discontinue all or part of the Service at its convenience.
2. When discontinuing all or part of the Service under the provisions of the preceding paragraph, the Company shall notify the User at least one month before the date of discontinuation.
3. The notice in the preceding paragraph shall be sent by email to the email address specified in Article 8 or by postal mail to the address registered with the Company, and shall be deemed to have reached the User when the email is sent or three days after the postal mail is sent.
4. The Company is not liable for any damages incurred by the User due to the discontinuation of the Service.

Chapter 5 Termination of Contract

Article 15 (Termination by the Company)

1. The Company may forcibly terminate the Service Contract in the following cases:

   • (1) If the User does not rectify the cause of suspension or limitation within one month from the date of such suspension or limitation under the provisions of Article 13 (Suspension of Use, etc.) Paragraph 1. However, if the suspension or limitation is due to the reasons in Article 13 Paragraph 1 Item 2, the contract may be immediately terminated.
   • (2) If the Company recognizes that the reasons in Article 13 Paragraph 1 are likely to hinder the Company's operations
   • (3) If the User does not receive the SIM card for repair or replacement within a reasonable period

2. When terminating the Service Contract under the provisions of the preceding paragraph, the Company shall notify the User in advance, applying the method of notification stipulated in Article 14 Paragraph 3.

   • (1) If the User does not activate and use the SIM card by the end of the month after it is sent
   • (2) If the Company judges there is a possibility of inappropriate use
   • (3) If the Company determines that the application is made with no intention to use the Service as the SIM card is not received by the User

Article 16 (Termination by the User)

1. The User may terminate the Service Contract in accordance with the procedures separately determined by the Company.
2. The termination date of the Service Contract based on the termination procedures stipulated in the preceding paragraph shall be the last day of the month in which the termination procedures are completed.
3. The User may terminate the Service Contract by notifying the Company in writing or by a method designated by the Company within eight days from the day following the delivery of the contract document by the Company under Article 7 (Acceptance of Application) Paragraph 2, for the services subject to the initial contract termination scheme under Article 26-3 of the Telecommunications Business Law. In this case, the Company may charge the User for the service fees for the period up to the termination, the cost of construction necessary for the provision of the Service, and the contract conclusion cost, within the scope prescribed by the Telecommunications Business Law.

Chapter 6 SIM Card

Article 17 (SIM Card)

1. The use of the Service requires a SIM card, and one will be lent to the User for each usage contract.
2. The User shall manage the SIM card with the care of a good manager.
3. The User shall not allow a third party to use the SIM card, nor lend, transfer, sell, or otherwise dispose of it.
4. The User shall bear any damages arising from insufficient management, misuse, or third-party use of the SIM card, and the Company is not liable for such damages. Furthermore, charges incurred by third-party use of the SIM card shall be borne by the User responsible for managing the SIM card.
5. If it is found that the SIM card is being used by a third party, the User shall immediately notify the Company and follow any instructions from the Company.
6. Only if the SIM card malfunctions due to reasons not attributable to the User, the Company will repair or replace the SIM card at its expense (this does not include exchanging for a different type of SIM card, and the same applies hereinafter).
7. The User shall not read, modify, or erase the telecommunication number and other information registered on the SIM card.
8. The User shall not make changes or damage to the SIM card that may cause problems to the Company, mobile phone carriers, or third parties. If the SIM card malfunctions due to reasons attributable to the User, the User shall bear the cost of repair or replacement. Additionally, the User shall pay a separately stipulated damage fee to the Company.
9. If the User uses a SIM card other than the one lent by the Company, the connection service of the Service may not be available, and it may cause problems to the communication equipment of the Company and mobile phone carriers. If damage occurs to the Company, mobile phone carriers, or third parties due to the use of a SIM card other than the one lent, the User shall be liable for compensation.

Chapter 7 Communication

Article 18 (Limitation on Communication Use)

1. The Company may temporarily limit communication if technical, maintenance, or other unavoidable business reasons arise, or if communication use restrictions are imposed by mobile phone carriers under the provisions of the contract clauses of the electric telecommunication services provided by them or under the contract concluded between the User and the Company.
2. The Company may limit access to websites hosting child pornography, detected based on the address list created by the Internet Contents Safety Association, and restrict viewing of some or all videos or images posted on those websites.
3. In the case of the preceding two paragraphs, the User cannot claim compensation for damages resulting from the limitation of communication.

Article 19 (Limitation on Communication Time, etc.)

1. In addition to the provisions of Article 18 (Restrictions on the Use of Communication), the company may restrict communication time or the use of communication in specific areas when communication is significantly congested.
2. In the case of the preceding paragraph, in the event of a natural disaster, disturbance, or other emergency situation, or when there is a possibility of such an occurrence, to prioritize communication that contains content necessary for disaster prevention or relief, securing transportation, communication, power supply, maintaining order, and other urgent matters for the public interest, the company may take measures to stop the use of communication by devices other than those used by the organizations designated by the Minister of Internal Affairs and Communications under the provisions of the Radio Act (limited to those determined through consultation between the company and the mobile phone operator).
3. The company may restrict or disconnect communication when the communication time over a certain period exceeds the time set by the company, or when the communication volume over a certain period exceeds the capacity set by the company.
4. To ensure fair use among subscribers and to provide the service smoothly, the company may limit the speed or volume of communication that uses communication procedures that continuously and extensively occupy bandwidth, such as video playback and file exchange applications.
5. In the cases of the preceding four items, the subscriber cannot claim compensation for damages caused by the limitation of communication time, etc., against the company.
6. Notwithstanding the provisions of this article regarding the limitation of communication time, etc., the company may collect, analyze, and store information related to communication.

Article 20 (Communication Speed, etc.)

1. The communication speed defined by the company on this service is not indicative of the maximum actual communication speed and may vary and decrease due to the connection status, the SIM card used by the subscriber, information communication equipment, network environment, and other reasons, which the subscriber shall acknowledge.
2. The company makes no guarantee regarding the communication speed in this service.
3. The subscriber agrees in advance that messages, data, information, etc., transmitted and received using this service may be corrupted or lost due to radio wave conditions, etc.

Chapter 8: Fees, etc.

Article 21 (Payment Obligations of the Subscriber)

1. The fees for the service provided by the company shall be as set forth in the separately determined fee schedule (hereinafter referred to as the "fee schedule").
2. The obligation to pay the initial fee, fees for procedures, and option fees arises when the company accepts the application for the use of the service or the application for procedures.
3. The obligation to pay the monthly communication fee plan arises for the period from the start date of use to the end of the month in which the contract is terminated. Even if there is a temporary interruption or suspension of use during this period, the calculation of the monthly fee for the service shall be treated as if the service was provided.
4. In the case of termination due to forced termination, a penalty for forced termination will be charged. Also, for forced termination or cancellation outside the minimum usage period, a cancellation fee for outside the contract period will be charged.
   

   Click here for the amount of the penalty for forced termination and the cancellation fee for outside the contract period

Article 22 (Amount of Initial Fee, Procedure Fee, and Option Fee)

The amount of the initial fee, procedure fee, and option fee shall be as set forth in the fee schedule.

Article 23 (Amount of Service Fee)

The amount of the service fee (monthly communication fee plan and annual communication fee plan) shall be as set forth in the fee schedule.

Article 24 (Calculation and Billing of Fees, etc.)

The company will bill the subscriber for the initial fee, procedure fee, and option fee in the month they occur, and for the monthly communication fee plan, the monthly fee will be billed every month.

Article 25 (Payment Method for Fees, etc.)

1. The subscriber shall pay the fees related to this service by the date specified by the company, in the manner specified by the company.
2. The transfer fee and other costs required for payment of the preceding item shall be borne by the subscriber.

Article 26 (Surcharge)

A subscriber who illegally evades the payment of fees for this service shall pay the company an amount equivalent to twice the evaded amount.

Article 27 (Late Payment Fee)

If the subscriber fails to pay the fees or other debts under this service contract, they shall pay the overdue amount with a late payment fee at the rate of 14.6% per annum.
However, this does not apply if payment is made within 10 days of the original debt payment deadline.
If the usage fee, etc., is not paid by the payment due date, a system processing fee and other costs necessary for the receipt of payment of the usage fee, etc. (collection office fee) of 550 yen (including tax) will be charged.
The collection office fee may also be described as a "late fee."

Article 28 (Payment Method for Surcharges, etc.)

The provisions of Article 25 (Payment Method for Fees, etc.) shall apply mutatis mutandis to the cases of Article 26 (Surcharge) and Article 27 (Late Payment Fee).

Article 29 (Consumption Tax)

When the subscriber pays the company for debts related to this service, and if consumption tax is levied on such payment according to the provisions of the Consumption Tax Law (Law No. 108 of 1988) and related laws, the subscriber shall also pay the company the equivalent amount of consumption tax for such debt.

Article 30 (Changes in Fees, etc.)

The company may change the fees for this service and their payment method by notifying the subscribers in advance in a manner deemed appropriate by the company.
However, the details of changes in the fees and their payment method for this service can be substituted for notification to the subscribers by being posted on the company's website.
If the subscriber does not request the termination of the use of this service within 14 days from the date of notification of the changes in fees and their payment method, such changes are deemed to be approved by the subscriber.

Chapter 9: Compensation for Damages

Article 31 (Exemption from Liability)

In repairing or restoring telecommunications equipment, the content of messages, data, information, etc., stored in the telecommunications equipment may change or disappear.
The company is not liable for any damages caused by this, except when it arises due to the company's intention or gross negligence.

Article 32 (Limit of Compensation for Damages)

When the company is liable for compensation for damages to the subscriber, the scope of such compensation shall be limited to the actual ordinary damages incurred by the subscriber, and the total amount shall be limited to the total amount of fees received by the company from the subscriber up to the occurrence of the damages.

Chapter 10: Personal Information

Article 33 (Use of Personal Information, etc.)

The company will use the information of the subscribers obtained in providing this service and related business (hereinafter referred to as "personal information") within the scope of the following purposes.

• (1) To provide this service (including accompanying services, same hereinafter) and to enrich this service.
• (2) To provide information on the company's services, goods, and services of the company or its partners that are considered beneficial to the subscribers.
• (3) To contact the subscribers when necessary, such as obtaining consent from the subscriber regarding the handling of personal information.
• (4) To conduct surveys on usage status and environment, and to report and communicate with related departments within the company.
• (5) To collect and analyze personal information through questionnaires, etc., with the purpose of improving this service clearly stated.
• (6) To disclose and present the results of the above collection and analysis in a manner that does not identify or specify individuals to third parties.

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Article 34 (Disclosure and Provision of Personal Information, etc.)

1. We may disclose and provide personal information to third parties other than the individual in the following cases:

   • (1) When we have the consent of the subscriber
   • (2) When a search or seizure is carried out as a compulsory measure by a warrant issued by a judge
   • (3) When required by law
   • (4) When it is necessary to protect a person's life, body, or property and it is difficult to obtain the consent of the individual
   • (5) When it is necessary within the scope necessary to achieve the purposes of use specified in the previous article (Personal Information, etc.) and part or all of the handling of personal information is outsourced (limited to cases where outsourcing is to a contractor or partner who is obligated by contract etc., to properly manage personal information)
   • (6) When the company determines it is necessary for specifying, paying, and collecting credits and debts arising in the course of our business
2. If requested by the subscriber, we will comply with the inquiries, corrections, use, and suspension or resumption of the disclosure of these personal information within the scope that does not hinder the provision of our services and related business operations.

Chapter 11 Miscellaneous Provisions

Article 35 (Subscriber's Obligations Regarding Terminal Equipment Usage)

1. Subscribers shall maintain terminal equipment in compliance with the technical standards stipulated by the Telecommunications Business Law and the Radio Law, etc. (hereinafter referred to as "Technical Standards").

2. Subscribers shall adhere to the following regarding terminal equipment:

   • (1) Do not remove, modify, disassemble, damage, or connect any lines or other conductors to the equipment. However, this does not apply when it is necessary to protect the terminal equipment in the event of natural disasters or other emergencies.
   • (2) Do not intentionally leave the connection line on hold or engage in actions that interfere with the transmission and exchange of communications.
   • (3) Do not read, modify, or delete the telecommunications number and other information registered in the terminal equipment.

Article 36 (Consultation)

In the event of any doubt concerning the service or these Terms of Use, both the company and the subscriber shall resolve the matter through consultation in good faith.

Article 37 (Exclusive Agreed Jurisdiction of the Court)

For all disputes concerning these Terms of Use (including court mediation procedures), both parties agree to designate the Tokyo District Court as the exclusive court of first instance jurisdiction.

Article 38 (Exclusion of Organized Crime Groups)

1. Both the subscriber and our company shall comply with the ordinances on the exclusion of organized crime groups established by local governments concerning this service contract, both at the time of contract conclusion and in the future.

2. Both the subscriber and our company declare and guarantee that, both now and in the future, they are not affiliated with organized crime groups, organized crime members (including those who have not been members for less than five years), quasi-members of organized crime groups, companies related to organized crime, and others similar to these (hereinafter referred to as "Anti-Social Forces") and do not fall under any of the following:

   • (1) Having a relationship recognized as being controlled or substantially involved in the management by anti-social forces.
   • (2) Having a relationship recognized as improperly using anti-social forces for purposes such as obtaining wrongful benefits for oneself, one's company, or a third party, or causing damage to a third party.
   • (3) Having a relationship recognized as being involved by providing funds or conveniences to anti-social forces.
   • (4) Officers or those substantially involved in management are recognized as having a socially reprehensible relationship with anti-social forces.

3. Both the subscriber and our company declare and guarantee that they will not engage in any of the following acts themselves or through the use of third parties:

   • (1) Violent demanding behavior
   • (2) Unreasonable demands beyond legal responsibility
   • (3) Using threatening behavior or violence in transactions
   • (4) Spreading rumors, using deception, or using force to damage the reputation or interfere with the business of another party
   • (5) Other actions similar to the above
4. If one party violates any of the provisions of Paragraphs 2 or 3, the other party may immediately terminate the service contract without any notice or procedure and will lose the benefit of the deadline.
5. Both parties shall not bear any responsibility for the damages suffered by the party whose contract is terminated based on the preceding paragraph.

Supplementary Provisions
These Terms of Use shall be implemented from November 1, 2022.