Terms of Use
Last updated: November 11, 2022
This Terms of Use is a translation of the Japanese version, and in case of any discrepancy between the Japanese version and this Terms of Use, the Japanese version is correct.
Article 1 (Use of Service)
By agreeing to these terms of use, you can use the services of SimpleSim LLC (hereinafter referred to as "our company"). In addition, instead of agreeing to these Terms of Use, you will be deemed to have agreed to these Terms of Use by actually using the Service.
Article 2 (Warranty and Modification of Service Contents)
Our company does not guarantee that the services it provides are free from defects or bugs. In addition, our company can change the content or specifications of the service, or suspend or discontinue its provision without prior notice to members.
Article 3 (Modification of Terms of Use, etc.)
Our company may change the Terms of Use, etc., in accordance with the provisions of Article 548-4 of the Civil Code, if our company deems it necessary to do so. The Company will notify members of the changes, details of the changes, the content of the revised terms of use, and the effective date of the changes by posting on the website, e-mail, application push notifications, or other appropriate methods before the effective date of the changes.
Article 4 (Method of Notification to Members/Method of Contact from Members)
Our company will notify members by e-mail, posting on the website, or any other method that our company deems appropriate. If the notice is sent by e-mail, the notice shall be deemed to have reached the member at the time when our company sends the e-mail to the member. If the notice is posted on the website, the notice shall be deemed to have reached the member at the time the notice is posted on the website. If a member wishes to contact our company, the member shall do so through the contact page provided by our company or by e-mail addressed to the e-mail address designated by our company. In principle, our company will respond to inquiries from members only by e-mail.
Article 5 (Membership Registration)
Those who wish to use this service shall agree to the terms of use and register as a member by the method specified by our company. If a minor registers as a member, he/she shall obtain the consent of his/her legal representative. If a minor has registered as a member, our company will assume that he/she has the consent of his/her legal representative.
Article 6 (SimpleSimID/Password)
Members shall strictly manage their own SimpleSimID and password at their own responsibility, and our company shall not be liable for any unauthorized use by a third party. Members shall not let a third party use, transfer, or lend their SimpleSimID and password. If the Service is used with a registered SimpleSimID and password, our company will consider it to be used by the member with that SimpleSimID and password, and the effect will belong to that member. Members shall immediately report to our company and follow our company's instructions if their SimpleSimID and password become known to a third party or if there is a suspicion that they are being used by a third party. Registration and/or possession of multiple SimpleSimID by one Member is not permitted.
Article 7 (Prohibition of Transfer, etc.)
Our company prohibits members from assigning, selling, leasing, transferring, licensing, or otherwise disposing of their membership status, the right to use this service based on their membership status, and their rights or obligations to a third party.
Article 8 (Service Usage Environment)
Members shall prepare terminals, electronic devices, communication devices, software, Internet connection environment, and etc. for using this service at their own responsibility and expense. The member shall bear the communication expenses, etc., that occur when using this service. If you use this service via a proxy server, VPN server, etc., you may not be able to use this service normally.
Article 9 (Members' Self-Responsibility)
If a dispute arises between a member and a third party in connection with the use of this service, the member shall resolve the dispute at the member's responsibility and expense. If a member causes damage to a third party in connection with the use of this service, the member shall compensate for the damage at the member's responsibility and expense.
Article 10 (Change of registered information)
Members shall be obligated to immediately change their registered information in the event that their e-mail address or other information registered with our company changes. Our company shall not be held responsible for any disadvantage or damage caused to the member due to failure to change the registered information.
Article 11 (Withdrawal from Membership)
If a member wishes to withdraw from membership, the member shall follow the withdrawal procedure in accordance with the method prescribed by our company. By withdrawing from membership, the member will lose the status of a member and will not be able to use this service. In addition, after the withdrawal is completed, the lost membership status cannot be restored. If a member bears monetary obligations or other obligations to our company, the member shall not be exempted from such obligations by withdrawing from our company. All unused prepaid payment instruments issued by our company and virtual currency (SimpleSim points) that can be used in this service held by the member shall be invalidated at the time of withdrawal, and our company shall not take measures such as refunds, and etc., unless otherwise stipulated by laws and regulations.
Article 12 (Settlement)
The member shall pay the usage fee for this service, the purchase price of the product within this service, the shipping fee and other expenses borne by the member (hereinafter referred to as "consideration") by the payment method designated by our company. The member shall be able to settle the consideration with the payment method provided by the credit card company, electronic money company, mobile phone company, etc. designated by our company. In the event that a member makes a payment for consideration, the member shall conclude a contract with the payment company in accordance with the terms of use, etc. specified by the payment company. If a dispute arises between the member and the payment company, the member shall be responsible for resolving the dispute, and our company shall not be involved in this. Payment fees (limited to those specified by our company) shall be borne by the member. Members may not demand that our company refund the consideration paid for any reason whatsoever.
Article 13 (Prohibited Acts)
When using our services, the following acts (including acts that induce them and acts that prepare for them) are prohibited.
- Acts that violate the laws and regulations of Japan and the country or region where the member is located when using
- Acts that violate social norms, public order and morals, infringe on the rights of third parties, or cause trouble for third parties
- Acts of destroying or interfering with the functions of software, hardware, etc. used by our company or a third party
- Acts that interfere with our company's services, advertisements distributed by our company, or services and advertisements provided on our company's website
- Acts of collecting or disclosing personal information or privacy information without the consent of a third party
- Acts of using of this service for purposes that are different from the original purpose of providing this service.
- Acts of using services using another member's SimpleSimID
- Acts of obtaining SimpleSimID or password from others, or disclosing or providing SimpleSimID or password to others
- Acts of deleting, circumventing, or disabling technical protection measures such as security and DRM applied to the contents provided by this service
- Acts of use in the development, design, manufacture, or production of weapons of mass destruction, weapons of conventional destruction, nuclear materials, nuclear facilities, nuclear weapons, missiles, missile projects, chemical or biological weapons, etc.
- Acts that cause disadvantage to our company or third parties
- Acts that slander, threaten, or harass our company or a third party
- Acts that discriminate or encourage discrimination against third parties
- Pre-election campaigns, election campaigns, or similar acts, and acts that violate the Public Offices Election Law
- Acts of using this service for the purpose of advertising the business of a member or a third party
- Acts of using this service for the purpose of soliciting pyramid schemes or multi-level marketing
- Acts that interfere with our company's business
- Acts of registering false information in this service
- Acts of directly or indirectly providing benefits to anti-social forces in relation to our services
- Acts prohibited by these Terms of Use, etc.
- Other acts that the Company deems inappropriate
Article 14 (Deletion of Data, Suspension of Service Use, Deletion of SimpleSimID)
The Company may take actions such as deletion of data or content, suspension of use of all or part of the services, or terminating a member's membership in the following cases. Our company shall not be held responsible for any damage caused to the member by this measure. If a member has more than one SimpleSimID registered, measure may be taken against all of them.
- When there is a suspicion that the member's user ID and password are being used by a third party
- If the member violates any of the matters stipulated in these Terms of Use, or if our company determines that there is a risk of such violation
- When there is a delay in payment for the price to be paid to our company
- If our company determines that a member's credit is insecure, for example, because the member has filed for bankruptcy or civil rehabilitation proceedings, the member himself/herself has filed such a petition, or etc.
- If the Member has not used the SimpleSimID or this Service for a certain period of time
- If the member has been withdrawn from our company in the past
- When a member's heirs, etc. inform us that the member has died, or when we are able to confirm the fact of the member's death.
- If the member does not respond to our request in good faith
- Other cases that our company deems inappropriate
Article 15 (Interruption of Service Provision)
Our company may suspend the provision of the Service in any of the following cases. Our company shall not be held responsible for any damages caused by the member being unable to use this service due to this measure.
- When performing maintenance and inspection of this service
- In the event of an accident such as a fire or power outage
- In the event of an emergency such as a natural disaster
- In case of system outage or network outage
- When an unavoidable reason arises in the course of our business
- Other cases where our company deems it necessary
Article 16 (Changes, Additions and Termination of Services)
Our company may change, add, or terminate all or part of this service without prior notice to members. Our company shall not be held responsible for any disadvantages or damages incurred by members due to changes, additions, or termination of all or part of this service. When changing, adding, or terminating all or an important part of this service, our company will notify members to that effect at least a reasonable period of time in advance. However, this does not apply in urgent or unavoidable cases.
Article 17 (Disclaimer)
Our company does not guarantee that this service is suitable for the specific purpose of the member or that it has the quality and value expected by the member. Our company does not guarantee the completeness, accuracy, certainty, reliability, usefulness, etc. of this service. In addition, our company does not guarantee that this service is free from factual or legal defects. Our company shall not be held responsible for any disadvantages or damages caused by the use of this service by members. Our company shall not be held responsible for any disadvantages or damages caused by the member's inability to use this service. If the contract between our company and a member regarding use of the service falls under the category of a consumer contract under the Consumer Contract Act, the provisions of the Terms of Use, etc. that completely exempt our company from liability for damages shall not apply. In this cases, if the damages incurred by the member are based on default or tort by our company, our company shall be held responsible for damages up to the amount paid by the member to our company for the use of this service in the most recent month. However, this does not apply if there is intentional or gross negligence on the part of our company. Among the links placed on sites managed by our company, sites managed by third parties are not under the control of our company, and our company assumes no responsibility for such sites.
Article 18 (Intellectual Property Rights)
The copyrights, neighboring rights, trademark rights, design rights, and other intellectual property rights of the images, sounds, programs, text, images, illustrations, designs, trademarks, logo marks, and all other information (hereinafter referred to as "this content") provided by this service belong to our company or third parties who have licensed their use to our company. The member shall not engage in any act that infringes the rights of our company or a third party with respect to this contents.
Article 19 (Business transfer)
In the event that our company transfers the business of the Service to a third party, our company may transfer its position as operator of the Service, rights and obligations under the Terms of Use, etc., member registration information, and other information to the transferee of such business transfer, and members shall agree in advance to such transfer.
Article 20 (Outsourcing)
Our company may outsource all or part of the operations of this service to a third party (including a third party located in a foreign country), and members shall agree to this in advance. In this case, if our company deems it necessary, our company may provide the personal information to a third party (Including third parties located in foreign countries.), and the member shall agree in advance to this.
Article 21 (Assignment of Receivables)
If a member delays payment to our company, our company may assign the receivable to a third party, and the member shall consent to this in advance without objection.
Article 22 (Liability for Damages)
Members shall be responsible for compensating for any damages caused to our company in connection with the use of this service.
Article 23 (Exclusion of anti-social Forces, etc.)
Our company prohibits the use of this service by anti-social forces, etc. If our company determines that a member falls under anti-social forces, etc., our company may suspend the provision of this service without prior notice to the member. Our company shall not be held responsible for any damage or disadvantage incurred by the member as a result of such suspension.
Article 24 (Handling of Personal Information)
Our company handles members' personal information in accordance with the "Privacy Policy" established by our company.
Article 25 (Severability)
Even if any provision of the Terms of Use, etc. or part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of the Terms of Use, etc. shall remain in full force and effect.
Article 26 (Governing Law and Exclusive Jurisdictional Court)
The formation, validity, and interpretation of these Terms of Use shall be governed by the laws of Japan. In addition, the Otsu District Court shall have exclusive first instance jurisdiction over any disputes between our company and its members arising out of or in connection with our company's services (including posted content and advertisements) and software.
Article 27 (Handling of Members' Data and Contents)
Members shall not store data worth a total of 100 yen or more on the server managed by our company. Our company shall not be obligated to back up the data that the member has stored on the server managed by our company, and the member shall back up the data themselves. In the event of a need for maintenance or improvement of our services, we may duplicate data stored by members on servers managed by our company to the extent necessary for the maintenance or improvement of our services.
(Supplementary Provisions)
Translation on November 11, 2022
Enacted and enforced on May 15, 2021