General Terms and Conditions for Global SIM Service
POCKETALK CORPORATION (hereinafter referred to as “POCKETALK”) provides for the General Terms and Conditions for Global SIM Service as follows. The General Terms and Conditions for Global SIM Service constitutes an agreement between POCKETALK and you, and this service is provided only for the purpose of use of “POCKETALK ”, a translator device (hereinafter referred to as the “Device”), sold by POCKETALK. Please read these General Terms and Conditions before using the Device. If you activate this Device and start using the telecommunications service, you are deemed to have agreed to the provisions of the General Terms and Conditions with such use.
ARTICLE I. GENERAL PROVISIONS
1.1 Application of General Terms and Conditions for SIM Service
These general terms and conditions for SIM service (hereinafter referred to as the “General Terms”) govern the use of SORACOM Air Global Service. POCKETALK will provide the SORACOM Air Global Service to you according to the General Terms based on the agreement executed between POCKETALK and SORACOM INTERNATIONAL, PTE. LTD. (hereinafter referred to as “SORACOM”) regarding the SORACOM Air Global Service.
1.2 Announcement and Change of General Terms
POCKETALK will post the General Terms on its website（https://pocketalk.co.jp/rule/global-sim/en-us）.POCKETALK may change the General Terms from time to time. If POCKETALK changes the General Terms, POCKETALK will notify the Subscriber (defined below) of such change by announcing the change on the website of POCKETALK or such other method as may be separately specified by POCKETALK. If the Subscriber uses the SORACOM Air Global Service after such notice, the Subscriber shall be deemed to have consented to such change to the General Terms, POCKETALK will apply the service fee and other service provision provided in such changed General Terms.
The following terms when used in the General Terms shall have the meanings set forth below.
“Electronic Communication Network” shall mean the transmission line connecting the data transmission place and the data receiving place.
“Telecommunications Facility” shall mean the machine, equipment, transmission path or other electrical facilities for telecommunication.
“Telecommunication Service” shall mean relaying other’s communications with the use of Telecommunications Facilities, or providing Telecommunications Facilities to be used for others' communications
ARTICLE II. SERVICE
2.1 Service Content
SORACOM Air Global Service provided by POCKETALK to you is a global communication service that is provided by SORACOM under the agreement of SORACOM Air Global Service which POCKETALK executed with SORACOM.
2.2 Service Area
POCKETALK shall provide the SORACOM Air Global Service within the area designated on the web site of POCKETALK (hereinafter referred to as the “Service Area”), provided, that, the Service Area may be different if stated otherwise as specified by POCKETALK separately. However, within the Service Area, you may not use the SORACOM Air Global Service in places where data transmissions are difficult to send or receive.
ARTICLE III. EXECUTION OF AGREEMENT
3.1 Method of Application
- (a) Upon activating this Device and starting to use the Telecommunications Service, Applicants for the SORACOM Air Global Service (each such applicant, an “Applicant”) shall be deemed to have agreed to the provisions of the General Terms and to have applied for the SORACOM Air Global Service.
(b)When there is an application from the Applicant, POCKETALK will consent to the application under the General Terms; a SIM service use agreement (hereinafter referred to as this “Agreement”) will be established between the Applicant and POCKETALK. However, if POCKETALK determines any of the following items applies, POCKETALK can withdraw the consent to the Applicant’s application.
- (i)there is an undue risk that the Applicant may breach the General Terms;
- (ii)provision of the SORACOM Air Global Service to the Applicant carries an undue risk of damage the confidence or profit of POCKETALK or other Subscriber (defined in Section 3.2) ;
- (iii)provision of the SORACOM Air Global Service to the Applicant carries an undue risk of harm to the intellectual property rights, property rights and other rights of POCKETALK or a third party;
- (iv)the Applicant damages the relationship of mutual trust between the Applicant and POCKETALK, or the Applicant or representative thereof is an Anti-Social Force (defined in Section 19.2);
- (v)the Applicant falls under any of the items of Section 5.1(c) below;
- (vi)POCKETALK has terminated the agreement between POCKETALK and the Applicant;
- (vii)the Applicant provides any false information to POCKETALK;
- (viii)the Applicant does not intend to use the SORACOM Air Global Service appropriately.
- (c)Notwithstanding Section 3.1(b), if SORACOM, the provider of SORACOM Air Global Service, has no capacity in the communication network, POCKETALK may postpone or refuse the application.
- (d)POCKETALK may request the Applicant to submit the information deemed necessary by POCKETALK in determining if the Applicant can fulfill the payment obligation related to the SORACOM Air Global Service and the information necessary for POCKETALK to provide SIM service. In this case, the Applicant shall submit such information in writing promptly.
3.2 Effectuation of Agreement
The Agreement shall become effective between the Applicant and POCKETALK as of the date that POCKETALK consents to the application in accordance with Section 3.1(b) (hereinafter referred to as the “Effective Date”, and after Effective Date the Applicant shall be referred to as the “Subscriber”).
ARTICLE IV. ASSIGNMENT OR TRANSFER OF AGREEMENT
4.1 Assignment or Transfer of Agreement
- (a)The Subscriber shall not assign, transfer, sublicense or provide as collateral, or otherwise dispose of the right to receive the SORACOM Air Global Service under the Agreement.
- (b)Notwithstanding Section 4.1(a), if the Subscriber dies, if the successor-at-law of such Subscriber (if plural successor-at-law exist, the successor-at-law who notifies SORACOM first) notifies POCKETALK pursuant to the procedure specified by POCKETALK separately, such successor-at-law may succeed to the right to receive the SORACOM Air Global Service (limited as specified by POCKETALK separately) pursuant to this Agreement. In this case, such successor-at-law shall succeed to the status of the deceased Subscriber under this Agreement (including the obligations of the deceased Subscriber).
ARTICLE V. USE RESTRICTION
5.1 Use Restriction
- (a)If a natural disaster, incident or any other emergency situation occurs or is likely to occur, POCKETALK may restrict the use of the SORACOM Air Global Service by the Subscriber in order to give priority to communications whose content are necessary for the prevention of or relief from calamities, for the securing of transportation, communications or electric power supply, the maintenance of public order or any other public interest.
- (b)If SORACOM, the provider of SORACOM Air Global Service, detects any significant and/or continuous signal or transmission using a communication procedure or application which occupies the communication band used by SORACOM, POCKETALK may request SORACOM to control or SORACOM, in its own judgment, may control the transmission rate and traffic of such signal or transmission by controlling the communication band allocated to such signal or transmission.
(c)POCKETALK may suspend or limit the use of the SORACOM Air Global Service by the Subscriber, if:
- (i)the Subscriber delays in performing or fails to perform any payment obligation or any other obligation under the Agreement;
- (ii)it is found that the rented SIM card is used on a device other than the POCKETALK device;
- (iii)it is determined by POCKETALK that it is necessary (including, but not limited to, the case where data communications exceeds 100MB per day by the Subscriber);
- (iv)the Subscriber gives a false information to POCKETALK;
- (v)POCKETALK deems that the Subscriber violates Section 12.1 below;
- (vi)the Subscriber falls under any of the items of Section 3.1(b); or
- (vii)the credit card account designated by the Subscriber is invalid, unavailable or cannot be used or recognized.
5.2 Disconnection of Transmission
(a)If any of the following events occur, POCKETALK may disconnect the Session with respect to SORACOM Air Global Service transmissions.
- (i)If POCKETALK deems the Session (meaning the state of the Subscriber channel which can perform data transmissions, the same shall apply hereinafter) has been data communication enabled for more than 7 days;
- (ii)If POCKETALK deems excess data communication has been performed in the same Session;
- (iii)If POCKETALK detects any errors in the terminal device connected to the Subscriber channel;
- (iv) If POCKETALK deems there is a risk of disturbances in smooth provision of SORACOM Air Global Service; or
- (v)If POCKETALK or SORACOM receives a suspension order for radio wave transmission from a supervisory authority.
5.3 Suspension of Service
- (a)POCKETALK may suspend provision of the SORACOM Air Global Service to the Subscriber if:
- (i)there are unavoidable reasons requiring maintenance or construction of Telecommunications Facility or system that are owned by POCKETALK or SORACOM, the provider of SORACOM Air Global Service;
- (ii)a telecommunication carrier suspends provision of telecommunication services to SORACOM, the provider of the SORACOM Air Global Service;
- (iii)a cloud service provider suspends provision of cloud services to SORACOM; or
- (iv)SORACOM terminates the use of the SORACOM Air Global Service for POCKETALK based on the agreement concerning the SORACOM Air Global Service entered into between POCKETALK and SORACOM.
- (b)If POCKETALK suspends the provision of the SORACOM Air Global Service according Section 5.3(a), POCKETALK will announce such suspension on POCKETALK’s website in advance except in cases of urgent necessity.
5.4 Discontinuation of Service
If there are unavoidable reasons (including but not limited to technical reasons), POCKETALK may discontinue provision of the SORACOM Air Global Service in whole or part.
ARTICLE VI. TERMINATION OF THIS AGREEMENT
6.1 Termination of the Agreement
(a)POCKETALK may terminate the Agreement in the following situations, in which case POCKETALK will give the Subscriber reasonable notice of such termination.
- (i)POCKETALK has suspended or restricted use of the SORACOM Air Global Service to the Subscriber under Section 5.1(c) and the cause of such suspension or restriction has not been resolved by the Subscriber;
- (ii)any of the items of Section 5.1(c) apply and POCKETALK deems such fact seriously impedes performance of POCKETALK’s business;
- (iii)a telecommunication carrier terminates the agreement between SORACOM and the telecommunication carrier regarding the provision to SORACOM of telecommunication services; or
- (iv)a cloud provider terminates the agreement between SORACOM and the cloud provider regarding provision to SORACOM of cloud services.
- (b)If the SORACOM Air Global Service is discontinued according to Section 5.4, the Agreement is terminated on the date of such discontinuation.
- (c)POCKETALK will not refund the Service Fee received from the Subscriber even if the Agreement is terminated by POCKETALK prior to the expiration of the Agreement term.
ARTICLE Ⅶ RESPONSIBILITY
After the Application, the Subscriber (before execution of the Agreement, the Applicant, hereinafter the same shall apply in this Section) shall keep confidential technical, management and any other non-public information acquired from POCKETALK, and shall not use such information except for provision or use of the SORACOM Air Global Service; provided, however, that the Subscriber may disclose such information to the extent necessary to comply with any law or direction, regulation or order of a court, supervisory authority or any other public institution authorized to regulate POCKETALK or the Subscriber. Even if the Applicant do not enter into the Agreement, or the Agreement is ended by termination or any other reason, this Section shall survive.
7.2 Maintenance of Confidence
In using the SORACOM Air Global Service, the Subscriber shall not act in any way to lose the confidence of POCKETALK and/or SORACOM, the provider of the SORACOM Air Global Service.
7.3 Notification of Necessary Information
- (a)POCKETALK may require the Subscriber to submit information necessary for POCKETALK to determine whether the Subscriber may have failed to make any payment that the Subscriber is responsible to pay in relation to the SORACOM Air Global Service. In this case, Section 3.1(d) shall apply mutatis mutandis.
(b)POCKETALK will notify the Subscriber as necessary if any of the following occurs.
- (i)suspension or discontinuation of SORACOM’s telecommunication business;
- (ii)cancellation of registration or filing, etc. necessary for SORACOM’s telecommunications business by supervisory authority;
- (iii)restriction of the SORACOM Air Global Service under to ARTICLE V;
- (iv)change, extension or removal of the Telecommunications Facility which may affect the condition of the SORACOM Air Global Service; or
- (v)dissolution of POCKETALK or SORACOM.
ARTICLE VIII. IDENTIFICATION
In the case that the Subscriber uses the SORACOM Air Global Service under the Agreement, POCKETALK may confirm the identity of the Subscriber after specifying the purpose of use. The Subscriber shall not refuse if there is a legitimate reason for identity confirmation from POCKETALK.
8.2 Subscriber Support
Subscriber support for the SORACOM Air Global Service is performed by POCKETALK in a predetermined manner.
ARTICLE IX. TRANSFER OF SIM CARD
9.1 Transfer of SIM Card
- (a)POCKETALK shall transfer the SIM card to the Subscriber. The number of SIM cards transferred to the Subscriber shall be one SIM Card per SORACOM Air Global Service channel.
- (b)If there are unavoidable reasons (including but not limited to technical reasons) which impact on the conduct of POCKETALK’s business in such a way that change of the SIM card is required, POCKETALK may change the SIM card which POCKETALK transfers to the Subscriber after notification to the Subscriber that such change is required.
- (c)The Subscriber shall comply with the management obligations and any other obligation that the network provider imposes on POCKETALK and/or SORACOM with respect to the SIM card which POCKETALK transfers to the Subscriber. The Subscriber shall bear the costs of any and all damages, if any, arising from insufficient management or misuse, etc. by the Subscriber. POCKETALK shall not bear any responsibility in relation to such insufficient management or misuse.
9.2 Return of SIM Card
(a)The Subscriber to whom the SIM card is transferred by POCKETALK shall promptly return the SIM card to POCKETALK at the place and according to the method separately designated by POCKETALK for the return of the SIM card, if:
- (i)POCKETALK changes the SIM Card according to Section 9.1(b);
- (ii)POCKETALK is requested by SORACOM to return the SIM card according to the agreement executed between SORACOM regarding the SORACOM Air Global Service; or
- (iii)The SIM card is requested to be returned from POCKETALK with the termination of the Agreement.
- (b)If the Subscriber does not return the SIM card according Section 9.2(a), the Subscriber shall not use SORACOM Air Global Service thereafter.
ARTICLE X. TERMINAL DEVICE
10.1 Terminal Device
The Subscriber shall use the terminal device in compliance with the technical standards established by the applicable laws and regulations equivalent to the Federal Communications Commission (FCC) rules or the CE Marking (CE Mark) for Radio Telecommunications Equipment, and supported by SORACOM Air Global Service.
ARTICLE XI. TELECOMMUNICATION
11.1 Measurement of Amount of Data
- (a)Notwithstanding ARTICLE XIII, if the Subscriber wishes to pay for the Service Fee according to the amount of data transmitted and POCKETALK agrees with this; with respect to the SORACOM Air Global Service, POCKETALK will charge the Subscriber according to the amount of data transmitted by the Subscriber and it will measure the amount of data with the equipment of POCKETALK or the designee of POCKETALK.
- (b) In case of (a), POCKETALK will separately decide Service Fee according to the amount of data transmitted.
ARTICLE XII. PROHIBITED ACTS
12.1 Prohibited Acts
In addition to any other provision of the General Terms, the Subscriber shall not:
- (i)use the terminal device in any way that is not in compliance with the technical standards established by the applicable laws and regulations equivalent to the Federal Communications Commission (FCC) rules or the CE Marking (CE Mark) for Radio Telecommunications Equipment;
- (ii)use the SIM card transferred to the Subscriber by POCKETALK on a terminal device other than POCKETALK W device;
- (iii)perform any act prohibited by the telecommunication carrier(s);
- (iv)perform any act (including but limited to prohibition of data transmission to another country or prohibition of permanent roaming) prohibited by the applicable laws and regulations in the countries where the Subscriber uses SORACOM Air Global Services;
- (v)subject the apparatus or system for the SORACOM Air Global Service to excessive data loads by generating continuous traffic exceeding the limits specified by POCKETALK separately;
- (vi)use the SORACOM Air Global Service for child prostitution, viewing or acquiring child pornography or sending nuisance e-mail or any other purpose that POCKETALK regards as inappropriate;
- (vii)attack the communication network of SORACOM, the provider of SORACOM Air Global Service, by using unauthorized access or a computer virus;
- (viii)reverse engineer, decompile, reverse assemble or otherwise analyze the console system of SORACOM for the SORACOM Air Global Service; or
- (ix)let a third party perform any of the respective acts of the preceding paragraphs (i) to (viii).
12.2 Compensation for Damages due to violation of the Prohibited Acts
You are liable for any damages that POCKETALK may incur due to any acts by you, which is in violation of the Prohibited Acts in Section 12.1
ARTICLE XIII. SERVICE FEE
13.1 SIM Service Fee
The Subscriber shall bear the obligation to pay the predetermined SIM service fee which is presented prior to the purchase of the Device to POCKETALK. Revision of SIM service fee will be done by specifying in the attached fee table.
13.2 Obligation of Payment
Unless otherwise specified, the Subscriber shall bear the obligation to pay the SIM service fee prescribed in Section 13.1 to POCKETALK in advance at the time of purchase.
13.3 Method of Payment
The Subscriber shall pay the SIM service fee specified in Section 13.1 according to the method specified by POCKETALK.
ARTICLE XIV. MAINTENANCE
14.1 Repair or Recovery
If the telecommunication equipment or system installed by SORACOM breaks down or is lost, POCKETALK will promptly notify SORACOM to that effect and request to promptly repair or replace such equipment or system at SORACOM. Provided, however, that POCKETALK has no obligation to perform such repair or replacement at SORACOM within 24 hours.
ARTICLE XV. INTELLECTUAL PROPERTY
15.1 Intellectual Property
The patent, utility model right, design right, copyright, knowhow and any other intellectual property, and the data of the demonstration experiment and any other data related to the SORACOM Air Global Service, the SORACOM System, the SORACOM Information or the accessorial services thereof belong to SORACOM. Nothing in this Agreement or the disclosure of information to the Subscriber by POCKETALK in relation to the SORACOM Air Global Service, the SORACOM System or the accessorial services thereof shall be construed, by implication, estoppel or otherwise in any sense, as a license, granting or transferring SORACOM’s patent, utility model right, design right, copyright, knowhow or any other intellectual property to the Subscriber or any other third party.
ARTICLE XVI. DISCLAIMER OF WARRANTIES
16.1 Disclaimer of Warranties
THE SUBSCRIBER AGREES THAT THE SORACOM AIR GLOBAL SERVICE, THE SORACOM SYSTEM AND THE ACCESSORIAL SERVICES THEREOF PROVIDED ACCORDING TO THIS AGREEMENT SHALL BE PROVIDED ON AN “AS-IS” BASIS. TO THE EXTENT PERMITTED BY LAW, POCKETALK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SORACOM AIR GLOBAL SERVICE, THE SORACOM SYSTEM OR THE ACCESSORIAL SERVICES THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF QUALITY, CONSISTENCY OF SERVICE, NON-MISTAKE, NON- INFRINGEMENT OF THIRD PARTY’S RIGHT, FITNESS FOR ANY PARTICULAR PURPOSE.
ARTICLE XVII. INDEMNIFICATION AND LIMITATION OF LIABILITY
17.1 Indemnification and Limitation of Liability
- (a)If the SORACOM Air Global Service, the SORACOM System, the SORACOM Information or the accessorial services thereof become unavailable due to any cause imputable to a third party (including but not limited to telecommunication carrier(s) or cloud provider(s)), POCKETALK shall not bear any responsibility in relation to such matter.
- (b)In any case where POCKETALK is liable to compensate the Subscriber for damage, POCKETALK’s liability shall not exceed the amount received by POCKETALK from the Subscriber.
- (c)In the case where the Telecommunications Facility or system is repaired or recovered, there is a possibility that information stored in the Telecommunications Facility or system may be altered or lost. POCKETALK shall not bear any responsibility for damages arising from such alteration or loss, provided, that, this shall not apply to any damage arising from POCKETALK’s willful misconduct or gross negligence.
ARTICLE XVIII. PROCESSING OF PERSONAL DATA
18.1 Processing of Personal Data
By entering into this Agreement with POCKETALK you explicitly consent to POCKETALK processing personal data about you according to POCKETALK’s Privacy Statement （https://pocketalk.co.jp/privacystatement/en-us）
ARTICLE XIX. MISCELLANEOUS
19.1 Notification to the Subscriber
If POCKETALK notifies the Subscriber under this Agreement, unless otherwise stated, it will be done according to the example in Section 1.2 by presentation on POCKETALK website or other method separately specified by POCKETALK.
19.2 Terminating and rejecting relations with Anti-social Forces
Subscriber acknowledges and agrees that, since POCKETALK and its affiliates are Japanese companies, POCKETALK must comply with the relevant rules, regulations and standards which purport to eliminate any relationship with “Anti-Social Forces” (meaning violent gangs, yakuza, mafia or other violent, blackmailing, intimidatory, or minatory groups or people who for political, religious or other ideological or economic purposes engage in anti-social activities or behavior including, but not limited to “Organized Crime Groups” or “Organized Crime Group Members” (as respectively defined in Article 2, items (ii) and (vi) of the Prevention of Unjust Acts by Organized Crime Group Members Act of Japan. The same shall apply hereafter.). As a part of such compliance, the Subscriber shall ensure that at all times it and its officers, employees and any shareholders in the Subscriber:
- (i)do not and will not have any relationship or connection with any Anti-Social Forces;
- (ii)are not and will not become involved in any financial dealings with or provide any financial assistance to any Anti-Social Forces for any reason whatsoever; and/or
- (iii)do not and will not employ, hire or otherwise engage any person who is a member of any Anti-Social Force or appoint such person to any directorship or officer position.
If any provision in this Agreement is found to be invalid or unenforceable, then the meaning of such provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if not feasible.
If there is any dispute arising out of or in connection with this Agreement between POCKETALK and the Subscriber, the Tokyo District Court shall be the court of exclusive jurisdiction in the first instance by agreement.
19.5 Governing law
The General Terms and the Agreement shall be governed by and interpreted in accordance with the laws of Japan.
As of 1st of February 2022