Auto-charge Terms of Use

Article 1 (General Provisions)

1. These Terms and Conditions stipulate the terms and conditions under which KDDI Corporation and Okinawa Cellular Telephone Company (hereinafter referred to as "we, etc.") provide this Topping (defined in Article 2) for the povo2.0 communication service set forth in the povo2.0 Communication Service Agreement. If you wish to use this Topping, you must agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you will not be able to use this Topping.
2. The Topping is provided based on these Terms and Conditions as well as other terms and conditions separately stipulated by the Company, etc. (hereinafter referred to as the "Individual Terms and Conditions," including, but not limited to, the matters displayed on the purchase screen when purchasing the Topping and the Data Topping Provision Terms and Conditions). The Individual Terms and Conditions will apply to any matters regarding the Topping that are not stipulated in these Terms and Conditions. These Terms and Conditions and the Individual Terms and Conditions will be collectively referred to as the "Terms and Conditions, etc." In the event of any discrepancy between the contents of these Terms and Conditions and the Individual Terms and Conditions, the contents of these Terms and Conditions will take precedence.

Article 2 (Definition of Terms)

In these Terms and Conditions, each term shall have the following meaning. Terms not defined in this Article shall be defined in accordance with the various provisions relating to povo2.0 communication service separately established by the Company, etc. (including, but not limited to, povo2.0 communication service contract terms). In addition, if other terms and conditions, regulations, etc. referenced in these Terms and Conditions are updated, the latest content shall apply.

(1) "This Topping" refers to Topping that allows you to use Auto-charge (as defined in (6) of this Article). For details, please refer to the "Data Topping" Terms and Conditions.
(2) “Purchase of this Topping” means the purchase of this Topping through the “povo2.0 App” and the purchase of an entry code for this Topping issued on a designated website.
(3) “Purchaser of this Topping” means a povo2.0 subscriber who purchases this Topping.
(4) "Data Residuals" means the amount of data remaining on Topping (including, but not limited to, this Topping). (4) "Data Residuals" means the amount of data remaining on the (including but not limited to this . (4) "Data Residuals" means the amount of data remaining in the account of a subscriber (including, but not limited to, the purchase of povo2.0 (including, but not limited to, this ) or communication service, including, but not limited to, various codes (including, but not limited to, promo codes) provided by us and others. (hereinafter referred to as "Codes"). The total amount of data capacity available within validity out of the data capacity pertaining to Topping acquired by the Topping purchaser through the application of the code (including, but not limited to, promo codes).
(5) “validity” means validity during which the purchaser of this Topping may use the data related to this Topping obtained by purchasing this Topping or applying the code.
(6) "Auto-charge" means the automatic repurchase of the Topping in accordance with Article 5.
(7) The "Auto-charge OFF/ON" function allows the purchaser of this Topping to choose whether or not to use Auto-charge. This can be selected when purchasing this Topping or after purchase. If Auto-charge OFF/ON function is set to OFF, this Topping will not be automatically repurchased even if any of the conditions set forth in Article 5, Paragraph 1 are met.
(8) “Payment” means that the purchaser of the Topping pays the usage fee for the Topping using a payment card.
(9) “Payment card” means a payment method such as a credit card that the purchaser of this Topping has registered as a payment method for the usage fee for the povo2.0 communication service.

Article 3 (Changes to the Terms and Conditions)

In accordance with the provisions of the Civil Code, the Company, etc. may change the contents of these Terms and Conditions by publicizing them in a manner that the Company, etc. deems appropriate, such as by posting them on a website, etc. If these Terms and Conditions are changed, the changed Terms and Conditions will apply between all purchasers Topping and the Company, etc. from the date of change.

Article 4 (Establishment of this Topping Purchase Agreement)

In order to purchase this Topping, you must first enter into a povo2.0 agreement with us.
The contract for the purchase of this Topping will be established when the Customer agrees to these Terms and Conditions, completes the purchase procedure for this Topping, and the payment company associated with the payment card approves the payment of the usage fee for the purchase of this Topping (the "Topping Usage Fee").
As a general rule, only one contract for the purchase of this Topping will be concluded per povo2.0 contract.
However, in exceptional cases, multiple contracts for the purchase of this Topping may be concluded for one povo2.0 contract. In such cases, validity of the last concluded contract for the purchase of this Topping will apply as validity of this Topping.

Article 5 (Auto-charge)

1. When Auto-charge is set to ON in Auto-charge OFF/ON function, if either of the conditions (1) or (2) below in this section is met, Auto-charge will be performed by automatically repurchasing this Topping with the same data capacity as the data capacity purchased when the Topping purchaser first purchased this Topping.
- (1) When the remaining data capacity of Topping Topping Purchaser acquired by purchasing Topping or applying a code reaches 0 GB within validity of the Topping
- (2) If validity of this Topping has passed.
2. In the case of (1) above, Auto-charge will be executed immediately when the balance reaches 0GB within validity. In the case of (2) above, Auto-charge will be executed sequentially from 0:00 on the day after the validity date.
3. There is no limit to the number of times Auto-charge can be performed. If Auto-charge is set to ON in Auto-charge OFF/ON function and either of the conditions in (1) or (2) above is met, Auto-charge will be performed each time.
4. When purchasing this Topping or when Auto-charge is performed, the Topping usage fee will be charged to your payment card.
5. Notwithstanding the preceding paragraphs, if the payment company associated with the payment card does not approve payment of the Topping usage fee using the Topping purchaser's payment card, Auto-charge may not be performed.
6. In the case of Paragraph 1 (1), if payment for the Topping Fee is not approved, Auto-charge will not be executed again until validity of the Topping. In the case of Paragraph 1 (2), or in the case of Paragraph 1 (1), if payment for the Topping Fee is not approved and validity of the Topping subsequently arrives, if payment for the Topping Fee is not approved, the Topping will expire, and Customers who wish to use the Topping will be required to purchase the Topping again.
7. The purchaser of Topping cannot cancel Auto-charge once it has been executed. Furthermore, the Company, etc. will not refund the Topping usage fee related to Auto-charge after Auto-charge has been executed, nor will the Company, etc. bear any responsibility regarding the execution of the Auto-charge, etc.
8. Auto-charge OFF/ON function can be set or changed to OFF or ON by the purchaser of this Topping at the time of purchase of this Topping or at any time after purchase of this Topping, as long as it is within validity and there is remaining data.
9. Even if Auto-charge is not executed pursuant to this Article, the Company, etc. shall not be liable in any way unless there is a reason attributable to the Company, etc.

Article 6 (Stopping Auto-charge)

1. If Auto-charge OFF/ON function is set to OFF, Auto-charge Auto-charge not be performed even if either of the conditions in Paragraph 1 (1) or (2) of the preceding article is met. However, data related to the purchased Topping can be used as long as it is within validity and there is remaining data.
2. If the use of the povo2.0 communication service by a Topping purchaser is suspended or the povo2.0 contract is terminated for any reason, the Company, etc. will cease providing Auto-charge to that Topping purchaser.
3. If the Company, etc. determines that it is difficult to provide Auto-charge due to force majeure such as system recovery, power outages or natural disasters, or if it is difficult to provide Auto-charge due to unavoidable reasons such as maintenance work, the Company, etc. may suspend, cancel or interrupt the provision of Auto-charge without prior notice.
4. If the Purchaser Topping violates these Terms and Conditions, etc., the Company, etc. may suspend the provision of Auto-charge to the Purchaser of the Topping and/or the provision of the povo2.0 communication service. In such cases, the Company, etc. shall notify the Purchaser of the Topping in advance.
5. Even if the provision of Auto-charge is suspended, discontinued or interrupted pursuant to this Article, the Company, etc. shall not be liable in any way unless there is a reason attributable to the Company, etc.

Article 7 (8-day cancellation for Auto-charge (initial contract cancellation system))

The purchaser of this Topping may cancel the contract for this Topping purchase within eight days from validity date of the initial purchase of this Topping. This cancellation takes effect when the purchaser of this Topping completes the eight-day cancellation procedure (initial contract cancellation system) in the "povo2.0 app" or the designated website.
However, this Topping is automatically repurchased by Auto-charge is not subject to the 8-day cancellation (initial contract cancellation system). If the purchaser of this Topping does not wish to use Auto-charge, they must set Auto-charge OFF/ON function to OFF when purchasing this Topping or after purchase, while validity is still within the period and there is remaining data.

Article 8 (Prohibited matters, etc.)

1. The purchaser of this Topping shall not engage in any of the following acts that the Company or other parties deem to be or may be deemed to be any of the following acts:
(1) Any act violating these Terms and Conditions.
(2) Reverse engineering or other analysis of software or other systems provided by the Company, etc.
(3) Unauthorized access to our networks, systems, etc.
(4) Any act that interferes with the business of the Company, etc., including this Topping and povo2.0 communication service.
(5) Any act that violates laws, regulations, these Terms, etc., or public order and morals (violence, cruelty, suicide, abuse, obscenity, etc.)
(6) Any act that damages the reputation of our company or third parties (including other purchasers of this Topping).
(7) Any act that infringes the property or rights of our company or a third party (including other purchasers of this Topping).
(8) Any act that causes harm to us or a third party (including other purchasers of Topping).
(9) Purchasing Topping by fraudulent means
(10) Any act that encourages, compels, aids, or solicits any of the acts listed above.
(11) Transmitting or displaying any of the acts listed above on the Internet, etc.
(12) Any other conduct that the Company, etc. deems inappropriate based on reasonable grounds.

Article 9 (Termination of Auto-charge, etc.)

1. The Company may change or terminate all or part of the Topping or Auto-charge without notice.
2. The Company, etc. shall not be liable for any changes or termination of Topping or Auto-charge pursuant to this Article, except in cases where the Company, etc. is at fault.

Article 10 (Notification)

With regard to notifications related to this Topping, the provisions of "Appendix 5" of the "povo2.0 Communication Service Agreement Terms and Conditions" shall apply mutatis mutandis.

Article 11 (Liability for damages)

Even if our company, etc. is liable for damages in relation to this Topping under laws and regulations, the scope of liability will be limited to direct and actual damages that would normally arise (excluding lost profits), except in cases where our company, etc. is guilty of willful misconduct or gross negligence.

Article 12 (Governing Law)

The governing law of these Terms and Conditions shall be the laws of Japan.

Article 13 (Agreed jurisdiction)

Any disputes arising out of or relating to these Terms and Conditions shall be submitted to the Tokyo District Court as the court of first instance with exclusive jurisdiction.

Article 14 (Questions regarding this Topping)

If any doubts arise regarding the interpretation of these Terms and Conditions or the operation of this Topping, or if any matters not stipulated in these Terms and Conditions arise, the Company and the purchaser of this Topping shall negotiate in good faith.

Article 15 (Handling of Personal Information)

1. In providing this Topping, the Company and/or its subsidiaries will collect the data usage status (remaining validity and remaining data amount) of the purchaser of this Topping in order to perform Auto-charge.
*Communication content such as messages will not be viewed.
*The above information will be collected when this Topping validity and Auto-charge OFF/ON function is set to ON.
If the purchaser of this Topping sets Auto-charge OFF/ON function to OFF after purchasing this Topping, but then changes the setting to ON, the above information will be collected from the time of the change.
2. The information obtained will be used within validity of this Topping.
3. Any other personal information will be handled appropriately in accordance with the privacy policy of the Company, etc.
4. In providing the Topping, the Companies may provide personal information they have acquired to foreign countries that have the following systems:
■Name of the foreign country to which personal information will be provided:
United States (Commonwealth), India, Singapore, Sri Lanka, Taiwan, Philippines, Malaysia
*For details on data protection laws and regulations in each country, please see the following pages.
https://www.kddi.com/corporate/kddi/public/privacy-portal/outsource-overseas/#ac_01

Established on January 23, 2024