Article 1 Application of these Terms

1. 1. LogicLinks, Inc. (the “Company”) sets forth these Terms of Use for TABIeSIM Service (these “Terms”) for providing the TABIeSIM service (the “Service”). These Terms, the “Privacy Policy” separately prescribed by the Company in relation to the Service, and other documents designated by the Company shall constitute a part of these Terms.
2. 2. A customer (“Customer”) may apply for and use the Service only if Customer carefully read these Terms and consent hereto.

Article 2 Amendments to these Terms

1. 1. The Company may amend these Terms at its own discretion. If the Company amends these Terms, the Company will, as necessary, give notice of the amended content and the effective date thereof on the website of the Service or other appropriate place on the Service in advance.
2. 2. If Customer does not consent to the details of these Terms after the amendment hereof, Customer may not use the Service. If Customer continues to use the Service after the amendment of these Terms, Customer shall be deemed to consent to these amended Terms.
3. 3. The amendment of these Terms prescribed in this Article include amendment of the contents or name, etc. of the Service.

Article 3 Definitions

In these Terms, the following terms have the meanings ascribed below.

• (1) Agreement
• An agreement with the contents of these Terms regarding the use of the Service, entered into between the Company and Customer.

• (2) Applicant
• A person who wishes to use the Service and applies therefor.

• (3) Customer
• A person who enters into this Agreement with the Company pursuant to the provisions of these Terms.

• (4) eSIM
• A SIM installed in Customer’s terminal and can remotely record Customer identification number or other information.

• (5) EID
• A number that is set for each eSIM and identifies the eSIM, and is necessary for Customer to use the Service. Customer using the Service shall be required to submit EID to the Company.

• (6) Terminal Equipment
• The types of terminal facilities equipment specified by the Regulation Concerning Technical Standards Conformity Approval for Terminal Equipment (Order of the Ministry of Internal Affairs and Communications No. 15 of 2004).

• (7) Service Fees
• Any fee that Customer is required to pay to the Company in relation to the use of the Service.

• (8) NTT DOCOMO
• NTT DOCOMO, Inc., which is the mobile phone carrier that provides the Company with wholesale telecommunications services regarding the Service.

• (9) Apple Pay
• A digital payment service provided by Apple Inc. and available on supported devices (such as iPhone, iPad, and Apple Watch).

• (10) Google Pay
• A digital payment service provided by Google LLC and available on supported devices.

Article 4 Content, etc. of the Service

1. 1. The Service is a wireless data communication service using the LTE, 3G network, or 5G network of NTT DOCOMO.
2. 2. The Service is provided through eSIM.
3. 3. If Customer has already entered into a communications agreement regarding eSIMs with a communications company other than the Company, and if Customer uses the Company’s eSIM by using an EID registered under such agreement, Customer shall be required to use a dual eSIM-capable terminal. Customer cannot use multiple eSIMs on a terminal other than a dual eSIM-capable terminal. Customer shall confirm the functionality of any terminal used by Customer at its own responsibility, and even if an eSIM issued by the Company cannot be used due to the functionality or other issues of such terminal, the Company shall not bear any obligation therefor or make any refund, etc.
4. 4. Customer accepts in advance that the transmission speed displayed by the Company in relation to the Service is a theoretical result, and the actual transmission speed may fluctuate depending on the connection environment, communication equipment used by Customer, or radio wave conditions, etc.
5. 5. Customer accepts in advance that the Service does not necessarily comprise the same specifications and quality as similar services provided by NTT DOCOMO.

Article 5 Formation of this Agreement

1. 1. Each Applicant shall apply for the Service via the Company’s home page in accordance with the method designated by the Company, and this Agreement shall be formed at the time the Company registers such Applicant as Customer for the Service. Customer shall be deemed to consent to these Terms by applying for the Service.
2. 2. Only individuals aged 20 years and over may apply for the Service. Corporations may not apply for the Service.

Article 6 Examination

1. 1. If an Applicant applies for the Service, the Company shall examine such application pursuant to the standards stipulated by the Company and determine whether or not to accept the Applicant’s use of the Service.
2. 2. If the Company refuses the Applicant’s use of the Service as a result of the examination prescribed in the preceding paragraph, the Company shall notify the Applicant to that effect.
3. 3. The Service is a domestic telecommunications service in Japan, available only to residents of Japan and to residents of the United States, Taiwan, the Philippines, South Korea, and Australia who are visiting Japan. Residents of other countries may not apply for the Service.

Article 7 Electronic delivery of documents

1. The Company shall deliver these Terms electronically, and Customer accepts to receive such electronic delivery.

Article 8 Notice or contact

1. 1. If the Company contacts Customer regarding the Service, the Company shall make such contact by sending an email to the email address registered by Customer. If the Company sends the email, the contents thereof shall be deemed to have reached Customer.
2. 2. Customer must maintain the registered email address in a normally usable condition during the term of this Agreement, and even if Customer suffers damage as a result of Customer’s failure to receive any contact from the Company due to a change or deletion, etc. of such email address, the Company shall not bear any obligation to compensate for such damage.

Article 9 Restriction, etc. on assignment of rights

• Customer may not assign, lend, or succeed to a third party, or provide as a security interest to a third party, any right or obligation arising from this Agreement without the prior approval of the Company.

Article 10 Usage period for the Service

1. 1. The usage period for the Service shall be from the commencement date for the use of eSIM to the end date for the use thereof, as set by Customer when applying for the Service.
2. 2. This Agreement between the Company and Customer shall continue in full force and effect from the time at the Company registers such Customer as Customer of the Service to the end date for the use of the Service prescribed in the preceding paragraph.
3. 3. Notwithstanding the provisions of paragraph 1, the eSIM activation process conducted by the Company generally requires approximately 10 minutes to 1 hour. Additionally, system maintenance may be performed during late-night hours, and if maintenance is in progress, activation will be carried out sequentially after the maintenance is completed. As a result, eSIM activation may take up to approximately 10 hours, and the Customer agrees to this in advance. Any reduction in the available time or usage period due to the activation process shall not affect the validity of this Agreement, and the Company shall not be liable for any refunds, reductions in service fees, or any compensation for damages arising therefrom.

Article 11 Designation of IP address

• The Company will designate the IP address that Customer uses for the Service. Customer cannot use the Service by using an IP address other than such IP address.

Article 12 Preparation, etc. of Terminal Equipment

1. 1. Customer shall prepare Terminal Equipment necessary to use the Service at its own responsibility and expense. The Company shall not bear any obligation even if part or all of the Service is unavailable due to issues with the Terminal Equipment itself or reasons pertaining to the sellers or manufacturers, etc. of the Terminal Equipment.
2. 2. Terminal Equipment connected to the mobile wireless communication network of the Service must be the Terminal Equipment designated by the Company or the Terminal Equipment that has the suitability of the technical standards stipulated by law. If the Company requests a connection test or other confirmation regarding the Terminal Equipment, Customer shall comply with such request.
3. 3. Customer shall maintain the Terminal Equipment in a manner that conforms to the technical specifications prescribed by the Telecommunications Business Act, the Radio Act, and other relevant laws and regulations.
4. 4.Customer must not alter the Terminal Equipment or connect its facilities to any filament or other conductor, etc.
5. 5. Customer must not intentionally leave the Terminal Equipment connected to a network or otherwise engage in any act that interferes with the transmission and switching of communications.

Article 13 The Company’s obligations regarding the use of the Service

• 1. Customer shall confirm the type of eSIM to be used and its operating status, etc. at the commencement date for the use of the Service, and if Customer cannot use the Service, Customer shall immediately notify the Company to that effect. If the Company determines, after being so notified by Customer, that a problem regarding the communication environment of eSIM has arisen for any reason attributable to the Company, the Company will take appropriate measures such as conducting procedures to commence the connection again.

• 2. Notwithstanding the provisions of the preceding paragraph, if Customer cannot use the Service and the fault is caused by a reason attributable to Customer or it is based on any of the following items, the Company shall not bear any obligation to take measures in response:
• (1) there is an error in the EID information that Customer submitted to the Company;
• (2) the fault is caused by an unforeseen accident such as a fire, earthquake, flood, lightning, or other natural disaster;
• (3) the fault is caused by a defect at the time of connection, or if it is caused by another connected terminal;
• (4) the fault is caused by usage or storage that violate matters prescribed in an instruction manual or product specification;
• (5) Customer has converted, repaired, or replaced parts of the Terminal Equipment, etc.; or
• (6) any other case where the fault is caused by improper handling by Customer or a third party.

Article 14 Customer’s obligations regarding the use of eSIM

1. 1. Customer must not cause a third party other than Customer to use the eSIM or lend, transfer or sell, etc. the eSIM thereto.
2. 2. Customer shall bear any and all fees incurred by Customer’s eSIM, regardless of the reason, including theft, loss of the terminal in which the eSIM is installed, or unauthorized use thereof by a third party.
3. 3. If it is found that the eSIM is being used by a third party (including cases where the terminal in which the eSIM installed is stolen or lost), Customer shall immediately notify the Company to that effect and follow the Company’s instructions, if any.
4. 4. Even if the terminal in which the eSIM installed is stolen, lost, broken, or damaged, Customer may not use the same network again on another terminal. In this case, the Company shall not be liable for any compensation or refund, etc. and shall not be liable for any damage caused by such theft, loss, trouble, or breakdown. If Customer wishes to use another eSIM, a new application for the Service shall be required.

Article 15 Communication area

1. 1. The communication area of the Service shall be based on the respective communication areas that NTT DOCOMO provides to the Company where LTE, the 3G network, or the 5G network is used.
2. 2. Customer may use the Service only if the connected Terminal Equipment is within the communication area. However, even within the communication area, it may not be possible to use the Service due to a building or structure, etc. that interferes the reception of radio waves.
3. 3. Customer may not claim damages against the Company regarding the restriction on the communication area or the unavailability of the Service in accordance with the provisions of this Article.

Article 16 Restrictions on communication

1. 1. The Company may restrict communication if unavoidable circumstances arise due to technical, maintenance, or other business-related reasons of the Company, or if NTT DOCOMO restricts the communication use or disconnects the communication under the terms and conditions or the provisions of the agreement concerning the telecommunications services provided by NTT DOCOMO to the Company.
2. 2. If Customer’s use of data communication pertaining to the Service reaches a certain capacity as separately provided by the Company, the Company may restrict or disconnect such communication.
3. 3. The Company may restrict communication for viewing or obtaining child pornography prescribed in the “Act on Regulation and Punishment of Acts Relating to Child Prostitution and Child Pornography, and the Protection of Children (Act No. 52 of 1999).”
4. 4. Customer may not claim damages against the Company regarding the restriction on the communication under this Article.

Article 17 Restrictions on communication time, etc.

1. 1. If communication is significantly congested in addition to the cases under the provisions of Article 16 “Restrictions on communication,” the Company may restrict the communication time or the use of communication within a specific area.
2. 2. In order to ensure fairness in use among Customer and to provide the Service smoothly, the Company may restrict the speed or amount of traffic of the data communication conducted by using a communication procedure that continuously and extensively occupies bandwidth such as large-size video playback or file exchange (P2P) applications.
3. 3. Customer may not claim damages against the Company regarding the restriction on the communication time under this Article.

Article 18 Restrictions on the use of the Service

1. 1. The Company may restrict Customer’s use of the Service according to the provisions of these Terms or the technical and operational needs of the Company without providing prior notice to Customer, and Customer accepts this in advance.
2. 2. If a natural disaster, serious event, or any other emergency occurs or is likely to occur, the Company may take measures to restrict the use of the Service under the provisions of Article 8 of the Telecommunications Business Act in order to give priority to communications regarding matters that are necessary for prevention of a disaster or related relief efforts, for securing transportation, communications or electric power supply, or for maintaining the public order and other communications that are conducted in an urgent manner for the public interest.
3. 3. Customer may not claim damages (including claims for refund of the Service Fees) against the Company regarding the restriction on the use of the Service under this Article, except where such restriction is due to willful misconduct or negligence on the part of the Company.

Article 19 Interruption of the provision the Service

• 1. If any of the following reasons exists, the Company may interrupt the provision of the Service:
• (1) interruption is necessary due to maintenance or work on telecommunications facilities of the Company or NTT DOCOMO;
• (2) any failure, etc. arises in telecommunications facilities installed by the Company or NTT DOCOMO;
• (3) restriction on the communication use, or interruption or suspension of the communication use, is necessary in accordance with the terms and conditions of the Company or NTT DOCOMO;
• (4) an unavoidable circumstance arises in respect to the Company’s operations; or
• (5) the Company otherwise deems it necessary to interrupt the Service.

• 2. Customer may not claim damages (including claims for refund of the Service Fees) against the Company regarding interruption of the provision of the Service under this Article, except where the interruption is due to willful misconduct or negligence on the part of the Company.

Article 20 Termination, etc. by Customer

• Customer may not prematurely cancel or otherwise terminate this Agreement even if Customer no longer requires the use of the Service during the period from the commencement date for the use of the Service to the end date for the use thereof designated by Customer.

Article 21 Suspension of the provision of the Service

• 1. If any of the following occurs, the Company may suspend all or part of the provision of the Service to Customer:
• (1) Customer breaches these Terms;
• (2) Customer fails to pay debts to the Company, including Service Fees;
• (3) Customer uses the Service in an illegal manner or in a manner that violates public order and good morals;
• (4) Customer conducts an act that interferes or is likely to interfere with the Company’s business or telecommunications equipment pertaining to the Service;
• (5) Customer conducts an act that is likely to cause damage to the credibility of the services provided by the Company;
• (6) Customer is reasonably suspected to be under the age of 20;
• (7) police organizations determine it necessary to suspend the provision of telecommunications services in order to prevent crimes such as special fraud and request the Company to suspend the use of the Service by the method designated; or
• (8) Customer uses the Service in any other manner similar to any of the preceding items that the Company reasonably determines to be inappropriate based on reasonable grounds.

• 2. When the Company suspends the provision of the Service in accordance with the provisions of the preceding paragraph, the Company shall notify Customer in advance of the grounds (the relevant ground among those stated in any items of the preceding paragraph) and the period of suspension. However, this shall not apply in cases of emergency or unavoidable circumstances.
• 3. Even if the provision of the Service is suspended in accordance with this Article, Service Fees will be incurred.
• 4.Customer may not claim damages (including claims for refund of the Service Fees) against the Company regarding the suspension of the provision under this Article.

Article 22 Change or addition to, or abolition of the Service

1. 1. The Company may, at any time for any reason, make change or addition to, suspend, or abolish all or part of the Service.
2. 2. When the Company suspends or abolishes all or important part of the Service in accordance with the provisions of the preceding paragraph, the Company shall notify Customer to that effect no later than a reasonable period of time in advance.
3. 3. In the case where all or part of the Service is abolished in accordance with the provisions of paragraph 1, this Agreement (or, if part of the Service is abolished, only the part pertaining to the abolition) shall be deemed to have been terminated as of the date of abolition.
4. 4. Customer may not claim damages (including claims for refund of the Service Fees) against the Company regarding the change or addition to, or suspension or abolition of the Service under this Article, except where such change or addition to, or suspension or abolition of the Service is due to willful misconduct or negligence on the part of the Company.

Article 23 Termination by the Company

1. 1. The Company may terminate this Agreement between Customer if an event falling under any items of Article 21 “Suspension of the provision of the Service,” paragraph 1 occurs.
2. 2. When the Company terminates this Agreement in accordance with the provisions of the preceding paragraph, the Company shall notify Customer in advance to that effect. However, this shall not apply in cases of emergency or unavoidable circumstances.
3. 3. In the case where the Company terminates this Agreement in accordance with the provisions of paragraph 1, the obligations of Customer pertaining to any and all debts to the Company, including Service Fees, will automatically become due and payable, and Customer shall immediately pay the full amount of the relevant debts to the Company.

Article 24 Fees

1. 1. Service Fees shall include the plan fee selected by Customer and other fees set forth by the Company, and the details are as stated below.
2. 2. Customer is obligated to pay Service Fees to the Company in accordance with the provisions of this Agreement.

* All prices are inclusive of tax.

Article 25 Method of payment of the fees

• Customer shall pay Service Fees and other amounts payable pertaining to the Service by using a credit card, Apple Pay, or Google Pay. The Company shall separately set forth usable credit cards in accordance with the Company’s standard. Customer represents and warrants that credit card information or other information related to the payment of the Service that Customer provides to the Company is accurate and true.

Article 26 Delay in payment

1. 1. If Customer fails to pay Service Fees, Customer shall pay such unpaid Service Fees in a payment method separately designated by the Company by the date separately designated by the Company. In this case, Customer shall bear any other expenses such as fees required for payment.
2. 2. If Customer fails to pay Service Fees, Customer shall pay, in addition to the Service Fees that Customer has failed to pay, a penalty for late payment calculated at a rate of 14.6% per annum for the number of days from the day immediately following the payment due date to the day preceding the date on which payment is made in full.

Article 27 Consumption Tax, Etc.

• Customer shall pay consumption tax and local consumption tax imposed on Service Fees (hereinafter collectively referred to as “Consumption Tax, Etc.”). Customer consents in advance that the amount of Consumption Tax, Etc. posted on the Company’s home page is calculated at a tax rate of Consumption Tax, Etc. as of the time of posting and when the relevant tax rate is modified, the amount of Consumption Tax, Etc. will also be modified to the amount calculated using the modified tax rate.

Article 28 Handling of fractional amounts

• If a fraction of a yen results from calculations for Service Fees, Consumption Tax, Etc., or any other amounts, the Company will round it down to the nearest whole yen.

Article 29 Assignment of claims

1. 1. The Company may assign any and all claims against Customer arising in relation to this Agreement to a third party (hereinafter referred to as the “Assignee”). In this case, Customer shall approve the assignment of the relevant claims in advance without objection.
2. 2. In the case of the preceding paragraph, Customer shall consent to the Company providing the Assignee with the name, address, and telephone number of Customer or any other necessary information for the Assignee to demand and collect the claims.
3. 3. In the case of paragraph 1, the Company and the Assignee shall omit individual notification to Customer, requests for approval of the assignment, or the like.

Article 30 Personal information

• The Company shall comply with its privacy policy regarding the handling of personal information that the Company obtains from Customer.

Article 31 Prohibited matters

• In addition to the matters separately set forth in these Terms, Customer shall not conduct the following acts when using the Service:
• (1) infringing copyrights or other intellectual property rights, portrait rights, publicity rights, privacy rights, or any other rights of others;
• (2) discriminating against or slandering others, or causing damage to the reputation or trustworthiness of others;
• (3) sending unapproved advertising, promotional or solicitation emails, etc. to others;
• (4) sending, posting or reprinting text, etc. that is, or is likely to be repulsive to others;
• (5) soliciting others to participate in a pyramid scheme or other multilevel marketing system;
• (6) any act that leads or is likely to lead to drug-related crimes or abuse of regulated drugs, etc., or any act that advertises unapproved pharmaceuticals, etc. or lending of money without being registered to operate a moneylending business;
• (7) tampering with or deleting information accessible through the Service such as a website of others;
• (8) sharing Customer’s own ID information with others, or leaving it in a state where others can share it;
• (9) using the Service under a false identity (including the unauthorized use of another Customer’s ID information and tampering with email headers to assume the identity of another Customer);
• (10) sending to others, or leaving in a state where others can receive, computer viruses or other harmful computer programs;
• (11) any act of prostitution, procuring prostitution, violence;
• (12) conducting, or encouraging other to participate in, illegal gambling;
• (13) producing, possessing, providing, or encouraging others to produce, possess, or provide illegal drugs, weapons such as hand-guns, explosives, or child pornography;
• (14) sending information that is extremely cruel such as videos of murder scenes or torture to a large number of unspecified people;
• (15) inducing or soliciting a person to commit suicide, or introducing methods of suicide that are likely to cause harm to others;
• (16) modifying eSIM or Terminal Equipment with eSIM;
• (17) any act that interferes with the operation, etc. of the Service by the Company or NTT DOCOMO, such as an act that interferes with communications (including large-volume communications over long period of time, simultaneous transmission of a large volume of email, intentional transmission of email to a non-existent address, intentional unnecessary communications, or the like);
• (18) using the Service by fraudulently using credit cards or other payment methods;
• (19) using the Service for a purpose other than personal use, such as resale or redistribution;
• (20) reverse engineering, decompiling, or otherwise disassembling the Service;
• (21) interfering with the operation of the Company;
• (22) any act that violates public laws and good morals;
• (23) any other act that violates these Terms or is illegal, or any act that promotes or assists such act; or
• (24) any other act similar to any of the preceding items that the Company reasonably determines to be inappropriate based on objective circumstances or grounds.

Article 32 Anti-social forces rejection clause

• 1. Customer represents, and warrants with respect to the future to the Company, that Customer does not currently constitute, or will not constitute, any of the following:
• (1) an organized crime group (meaning an organized crime group stipulated in Article 2, item (ii) of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991); hereinafter referred to as the “Anti-Organized Crime Group Act”);
• (2) an organized crime group member (meaning an organized crime group member stipulated in Article 2, item (vi) of the Anti-Organized Crime Group Act, including those who have not yet passed the five-year period since their withdrawal);
• (3) quasi-member of an organized crime group;
• (4) a corporation affiliated with an organized crime group;
• (5) a shareholder meeting extortionist (sokaiya-to), a corporate extortionist acting under the guise of a social movement (shakai undo hyobo goro), a corporate extortionist acting under the guise of a political activity (seiji katsudo hyobo goro), or a group or individual that in the context of having a relationship with an organized crime group plays a key part in structural injustice using force or through a financial connection with an organized crime group (tokushu chino boryoku shudan);
• (6) a perpetrator of special fraud (including bank transfer fraud, identity fraud, false billing fraud, loan guarantee fraud, tax refund fraud, and the like) or a member of a special fraud syndicate;
• (7) a person who has a close relationship (including, but not limited to, provision of funds or any other benefits) with a person prescribed in any of the preceding items; or
• (8) a person similar to any of the preceding items.

• 2. Customer covenants to the Company that Customer will not, directly or indirectly, conduct any act that falls under any of the following items:
• (1) a violent demand;
• (2) an unjust demand that exceeds the legal liability of that demand’s recipient;
• (3) use of threatening behavior (including, but not limited to, notifying that Customer or its related party is a person prescribed in the preceding paragraph) or violence in connection with a transaction;
• (4) spreading of rumors or use of fraudulent means or force to damage the reputation of the Company or to obstruct the operation of the Company; or
• (5) an act similar to any of the preceding items.

• 3. The Company may terminate this Agreement without issuing any demand for cure if Customer is found to violate any of the representations or warranties set forth in the preceding two paragraphs.
• 4. If the Company terminates this Agreement in accordance with the provisions of the preceding paragraph, the Company shall not be liable to compensate for any damages, losses, or expenses incurred by Customer due to such termination.

Article 33 Warranty disclaimer

1. 1. The Service uses the communications network for mobile radio communication provided by NTT DOCOMO to the Company. For this reason, the Company makes no warranty whatsoever as to the availability of communication, latency or other communication quality, fitness for particular purpose, product eligibility, usefulness, accuracy, completeness, non-infringement of third-party rights, or the like of the Service. In addition to the communication restrictions separately set forth in these Terms, the Company shall not be liable for any damage incurred by Customer or a third party due to communication restrictions, suspension, connection inability, or disconnection under the terms and conditions or the provisions of the agreement concerning telecommunications services provided by NTT DOCOMO to the Company.
2. 2. The Company makes no warranty whatsoever as to the fitness for particular purpose, product eligibility, usefulness, accuracy, completeness, non-infringement of third-party rights, or the like of any service other than the Services used by Customer through the Service. In addition, the Company shall not be liable for any damage incurred by Customer regarding the use of the Service.

Article 34 Limitation of liability

1. 1. The Company shall not be liable to compensate any damage incurred by Customer regarding the use of the Service, except where such damage is due to willful misconduct or negligence on the part of the Company. If the Service becomes completely inaccessible due to willful misconduct or negligence on the part of the Company, and such circumstance continues for 24 hours or more from the time the Company becomes aware of the occurrence of such circumstance (the period of time for which such circumstance continues is referred to as the “Period of Unavailability” and the same shall apply hereafter in this Article), the Company shall, based on a claim by Customer who was completely denied access to the Service, calculate (i) the number of days obtained by dividing the Period of Unavailability by 24 (fractions below the decimal point shall be rounded down) and (ii) the amount obtained by multiplying such number of days by the amount per day calculated based on the Service Fees prescribed in each plan, and compensate Customer such amount as damage incurred by Customer (limited to that amount only). However, if such Customer does not make a claim within three months of the date on which Customer is no longer completely unavailable to use the Service, Customer shall lose the right to make such claim.
2. 2. The Company shall not be liable for any damage arising from special circumstances (including cases where such damage was foreseen or foreseeable by the Company or Customer), except where such damage is due to willful misconduct or negligence on the part of the Company.
3. 3. Even if the Company is liable for damages to Customer in relation to the use of the Service or this Agreement, the scope of such liability for damages shall be limited to the total amount of Service Fees paid by Customer. Such limit shall be cumulative, and the maximum amount will not increase due to the existence of multiple incidents or claims.
4. 4. If the Company compensates a third party for damage caused by Customer to such third party in relation to the use of the Service, the Company may seek full reimbursement from Customer for such compensation, including attorneys’ fees, etc.

Article 35 Indemnification

• Customer shall indemnify, defend, and hold harmless the Company and any of its affiliates, officers, agents, employees, contractors, licensors, service providers, subcontractors, or suppliers from and against any claim, including attorneys’ fees, etc., arising out of or related to the use of the Service, breach of these Terms, or violation of laws and regulations or infringement of the third party rights by Customer which is attributable to Customer.

Article 36 Equipment maintenance standard of the Company

• The Company will maintain the equipment installed by the Company for the provision of the Service so that it conforms to the Ordinance of Telecommunications Facilities for Business (Ordinance of Ministry of Posts No. 30 of 1985).

Article 37 urviving provisions

• The provisions of Article 4 (Content, etc. of the Service), paragraph 3, Article 8 (Notice or contact), paragraph 2, Article 9 (Restriction, etc. on assignment of rights), Article 14 (Customer’s obligations regarding the use of eSIM), paragraph 4, Article 15 (Communication area), paragraph 3, Article 16 (Restrictions on communication), paragraph 4, Article 17 (Restrictions on communication time, etc.), paragraph 3, Article 18 (Restrictions on the use of the Service), paragraph 3, Article 19 (Interruption of the provision of the Service), paragraph 2, Article 21 (Suspension of the provision of the Service), paragraph 5, Article 22 (Change or addition to, or abolition of the Service), paragraph 4, Article 26 (Delay in payment), Article 29 (Assignment of claims), Article 32 (Anti-social forces rejection clause), paragraph 4, Article 33 (Warranty disclaimer), Article 34 (Limitation of liability), Article 35 (Indemnification), Article 37 (Surviving provisions), and Article 40 (Governing law and jurisdiction) will survive in full force in effect after the termination of this Agreement prescribed in Article 10 (Usage period for the Service), paragraph 2.

Article 38 Severability

• Even if any provision of this Agreement or part thereof is held to be illegal, invalid, or unenforceable, the remaining provisions of this Agreement shall remain in force and effect to the maximum extent permitted by applicable laws and regulations.

Article 39 Entire agreement

• Even if the Company does not exercise or apply the rights or provisions of this Agreement, this shall not mean that the Company has waived such rights or provisions. This Agreement constitutes the entire agreement between the Company and Customer and sets forth all matters relating to the use of the Service by Customer and supersedes any previous or contemporaneous negotiations, agreements, and promises between the Company and Customer whether oral or in writing.

Article 40 Governing law and jurisdiction

1. 1. This Agreement is governed by, and shall be construed in accordance with, the laws of Japan.
2. 2. The Tokyo Summary Court or, depending on the amount of claim, the Tokyo District Court, shall have exclusive jurisdiction as the court of first instance with respect to any dispute arising from or related to the Service or this Agreement.