To use the povo2.0 app/website (hereinafter referred to as "this app/website") provided by KDDI Corporation (hereinafter referred to as "our company"), you must agree to the following terms of use (hereinafter referred to as "these terms"). Please be sure to read these terms before agreeing to and using the service.
Article 1 (Establishment of this Agreement)
By agreeing to these Terms of Use, you will enter into an agreement between you and our company regarding the use of this app/website (hereinafter referred to as the "App/Website Usage Agreement").
Article 2 (Application of these Terms and Conditions)
1. In order to use this app/website, you will need to log in with your povo account or a social media account linked to your povo account (hereinafter referred to as "social login").
2. When using this app/website, in addition to these Terms and Conditions, various terms, precautions, guidelines, etc. established by our company (hereinafter collectively referred to as "Individual Terms and Conditions") shall apply.
3. Individual terms and conditions, regardless of their name, constitute part of these Terms and Conditions. In the event of any discrepancy between the provisions of these Terms and Conditions and the provisions of the individual terms and conditions, the provisions of the individual terms and conditions shall take precedence.
4. The Company may outsource part of the operation of the App/Website to a subcontractor.
Article 3 (Changes to these Terms and Conditions)
The Company may revise, add to or change these Terms in accordance with the provisions of the Civil Code. In such cases, the terms and conditions for providing this app/website shall be in accordance with the revised Terms.
Article 4 (Posting of these Terms and Conditions)
The Company will make the amended Terms and Conditions and their effective date publicly known within the App or on a designated website, and the amended Terms and Conditions will come into effect when the effective date arrives.
Article 5 (App fees)
This app is free to use. However, communication charges and other costs associated with using this app are the responsibility of the customer.
Article 6 (Functions/management provided by povo account)
1. When using a povo account, customers may be required to enter the email address or one-time password sent via SMS that they provided when registering their povo account, or to verify their identity via eKYC.
2. When use of this app/website is initiated using a povo account, etc., we will consider all subsequent actions related to this app/website up to logging out to be performed by the customer who was assigned povo account, etc.
3. The Company shall not be liable for any damages caused by errors in the use of povo account, etc. or by the use of a third party. However, if the Company is liable for damages to the customer pursuant to these Terms of Use or the provisions of laws and regulations, the Company shall compensate for such damages in accordance with the provisions of Article 17.
4. Your povo account cannot be deleted while you are subscribed to povo2.0. We will delete your povo account after a certain period since you cancelled your povo2.0 subscription.
Article 7 (Notification, Distribution of Information, etc.)
1. in the event that the Company gives you a notice or distributes information (including advertisements regarding products or services provided by the Company or third parties, hereinafter referred to as "Notice, etc.") regarding the provision of this Application/website or information that the Company considers beneficial to you (hereinafter referred to as "Information, etc."), you agree to be bound by the terms and conditions of this Agreement. (hereinafter referred to as "Notification, etc."). In the event that the Company conducts a distribution (hereinafter referred to as "Notification, Distribution, etc.") of information (including advertisements for products or services provided by the Company or third parties, hereinafter referred to as "Notification, etc."), the Company may do so by posting such information on the Application/website (including posting links to pages or applications containing Notification, etc. from the Company). (2) The Company shall not be liable for any damage caused by the posting of notices, distribution, etc. on the Application/Website. 2.
In addition to the methods specified in the preceding paragraph, the Company may also post notices and distribution, etc. on the notification frame at the top of the customer's terminal (including the act of linking to a page or application, etc., that contains notices or announcements from the Company), or on the customer's use of the Application. povo (iii) By posting a notification on the notification frame at the top of your device (including linking to a page or application that contains notifications or announcements from the Company), or (If such povo account is set up on multiple terminals, all terminals are included.) (iii) Sending a message (including the act of linking to a page or application that contains a notice or announcement from us) by e-mail, SMS, MMS, or other message service to a contact (phone number, e-mail address, contact phone number) associated with such povo account or to a contact (phone number, e-mail address, contact phone number) associated with such account. (2) Sending a message (including the act of linking to a page or application, etc., that contains a notice or notification from the Company) by e-mail, SMS, MMS, or other message service to a contact number, push notification displayed on the Application ("push notification") (including the act of posting a link to a page or application containing notices or announcements from the Company) (3) The Company may send push notifications (hereinafter referred to as "push notifications") by sending a link to a page or application containing a notice or announcement from the Company or by any other method the Company deems appropriate.
Notices, transmissions, etc., as specified in the preceding two paragraphs may not be posted or transmitted, or may be delayed, depending on the power supply, radio waves, etc., of the customer's terminal.
Article 8 (Handling of customer information)
1. The personal information of customers acquired in providing this app/website will be handled appropriately in accordance with the "Privacy Policy" published separately by the company.
2. We may obtain and use information linked to the povo account (name, address, telephone number, date of birth, email address, contact telephone number, details of the service you have subscribed to, browsing and usage history of this app/website that can be obtained from your device (screen displays, clicks, etc.)), and browsing history of notifications or notices from us notified pursuant to the previous article, for the following purposes.
(1) To conduct surveys on the usage status and usage environment of this App/Website, as well as other market research, data analysis, marketing activities, etc.
(2) To improve the App/Website, enhance its quality, or develop new services
(3) To send and distribute notifications, etc.
(4) To implement campaign measures related to this app/website or designated services.
3. For the purposes of items 1 and 2 of the preceding paragraph, the Company may provide the businesses that provide content on the App/Website (hereinafter referred to as "Content Businesses") with information such as gender ratios, age distributions, and usage time distributions after processing the usage history, etc. in a form that does not identify individuals.
4. You may stop the transmission of usage history, etc. by uninstalling the App.
5. In order to provide this app/website, we will provide personal information to the following foreign businesses located overseas.
Foreign countries: 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
Article 9 (Updates)
1. You shall update the App to the latest version at any time.
2. The Company may update the App without notifying the Customer.
3. You are responsible for any communication charges required to update this app.
Article 10 (Prohibited matters)
1. You may use this app/website only for your personal use, and you may not use it for commercial or advertising purposes or any other purposes not permitted by our company, nor may you make any secondary use of it.
2. When using the App/Website (which in this section includes the software, documents, data, images, logos, etc. of the App/Website), you must not engage in any of the following acts or acts that may be deemed to be any of the following:
(1) Removing or modifying product labels, copyright notices, other warnings, or restrictions based on proprietary rights.
(2) Reproducing, distributing, publicly transmitting, modifying, translating, adapting, or creating derivative works of the content.
(3) Transferring, selling, assigning or otherwise disposing of the information to a third party without our prior written consent.
(4) Allowing a third party to use the Content, whether by sublicense, loan, or other means, without our prior written consent.
(5) Reverse engineering, decompiling, or disassembling
(6) Placing an excessive burden on our servers, networks, computers, etc.
(7) Unauthorized access to our network or systems
(8) Impersonating a third party
(9) Using another user's account or one-time password related to this App/Website.
(10) Collecting information about other users of this app/website
(11) Use, creation, sale, or other involvement in tools that affect this app/website.
(12) Interfering with the operation of this app/website or other services of our company, or engaging in any act that damages the credibility of our company or our services.
(13) Engaging in any act that violates these Terms and Conditions.
(14) Engaging in any act that violates laws and regulations.
(15) Engaging in any act that may lead to crime, such as fraud.
(16) Providing benefits or other cooperation to anti-social forces
(17) Engaging in any act that the Company reasonably determines to be inappropriate.
(18) Any other acts that infringe, restrict, or interfere with the rights of our company or a third party.
(19) Encouraging, forcing, aiding, or soliciting any of the acts listed above.
3. You shall comply with the matters set forth in the contract for the Designated Service and other contracts with us.
4. You may not transfer or assign any rights or obligations under this App/Website Usage Agreement to a third party.
Article 11 (Precautions for Use)
1. Customers shall use this app/website at their own risk, after understanding the contents of these terms and conditions.
2. We may change all or part of the content of this app/website by providing prior notice or announcement to customers.
3. We do not promise to provide the App/Website continuously, and may suspend, interrupt, discontinue or terminate the provision of all or part of the App/Website by giving prior notice or informing customers. The suspension, interruption, discontinuation or termination of the provision of the Designated Service shall be in accordance with the contract for the Designated Service.
4. The Company may, without prior notice to the Customer, temporarily suspend or interrupt the provision of all or part of the App/Website due to force majeure such as maintenance work, system recovery, power outages or natural disasters, or other unavoidable reasons.
Article 12 (Intellectual Property Rights, etc.)
1. All intellectual property rights, including copyrights, related to this app/website and all other rights belong to our company or a third party that has granted a license to our company.
2. Customers must use this app/website without infringing on the rights set forth in the preceding paragraph.
Article 13 (Suspension of use of this app/website, discontinuation of provision, etc.)
1. If the Customer breaches these Terms and Conditions, if the contract between the Customer and the Company regarding the Designated Service terminates, or if the use of the Designated Service is suspended, the Company may suspend the provision of the App/Website to the Customer or terminate the App/Website Usage Agreement, and after such suspension or termination, the Customer will no longer be able to use the App/Website.
2. If the Company terminates the provision of the Designated Service, your use of the App/Website may be restricted.
Article 14 (Limitation of Warranty)
The Company makes no guarantee whatsoever regarding the accuracy, completeness, safety, usefulness, or effectiveness of the App/Website, or whether the App/Website will suit your specific purposes, nor does the Company guarantee that the App/Website does not infringe the rights of third parties, that the App/Website is free from defects, or that the App/Website will operate without any problems, etc. However, damages related to the Designated Services arising from defects, etc. of the App/Website shall be in accordance with the provisions of Article 17, Paragraph 2.
Article 15 (Disclaimer of Liability of the Company)
1. In providing this app/website, the Company shall not be liable for any damages resulting from the loss, damage or alteration of data stored on the customer's device or equipment.
2. The Company shall not be liable for any damage suffered by the Customer due to force majeure or other reasons beyond the Company's control.
3. The Company shall not be liable for any damages suffered by the Customer arising from the suspension, interruption, termination or suspension of the provision of the App/Website, or from restrictions on the use of the App/Website due to the termination of the provision of the Designated Service.
4. Notwithstanding the provisions of the preceding paragraphs, if the Company is liable to compensate a customer for damages pursuant to these Terms or the provisions of laws and regulations, the Company shall compensate for such damages in accordance with the provisions of Article 17.
Article 16 (Measures to be taken when use of this app/website ends)
If the App/Website Usage Agreement is terminated for any reason, the Company may delete all information saved by the Customer using the App/Website, information related to the Customer's use of the App/Website, etc., and the Customer shall not be able to object to this.
Article 17 (Compensation for damages)
1. In the event that the customer incurs damages in relation to this app/website due to reasons attributable to our company, or in any other event that our company is liable to the customer for damages in relation to this app/website pursuant to these Terms of Use or the provisions of laws and regulations, our company will compensate for such damages up to a maximum of 330 yen, which is equivalent to the minimum usage fee for povo2.0 data and call Topping. However, this maximum amount shall not apply to damages resulting from our willful misconduct or gross negligence.
2. Notwithstanding the preceding paragraph and other provisions of these Terms and Conditions, any damages arising in connection with the Designated Services provided to you by our company through this app/website shall be governed by the provisions of the contract for the Designated Services.
Article 18 (Governing Law)
The governing law of these Terms and Conditions shall be the laws of Japan.
Article 19 (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 20 (Good faith negotiations)
If any doubts or disputes arise between us and you in relation to these Terms and Conditions, we will negotiate in good faith to resolve them.
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