・povo2.0 Application and Website Terms and Conditions of Use

In order to use the povo2.0 application/website (hereinafter referred to as the "App/Website") provided by KDDI Corporation (hereinafter referred to as the "we/us/our"), you must agree to the following terms of use (hereinafter referred to as the "Terms and Conditions"). Please read these Terms and Conditions carefully before agreeing to and using the services.

Article 1 (Formation of the Contract for Use, etc.)
By agreeing to these Terms and Conditions of Use, a contract pertaining to the use of this App/Website (hereinafter referred to as the "Application/Website Usage Contract") shall be formed between you and us.

Article 2 (Application of these Terms and Conditions, etc.)
1. In order to use this App/Website, you must log in using your povo account or a social media account linked to your povo account (hereinafter referred to as "social media login").
2. In addition to these Terms and Conditions, other terms, precautions, guidelines, etc. (hereinafter collectively referred to as "individual terms and conditions") stipulated by us shall apply to the use of this App/Website.
3. Individual terms and conditions, regardless of the names are referred to as, constitute a part of these Terms and Conditions. In the event of discrepancy between the provisions of these Terms and Conditions and the provisions of individual terms and conditions, the provisions of the individual terms and conditions shall take precedence.
4. We may partially outsource operations of this App/Website to a subcontractor.

Article 3 (Changes, etc. to these Terms and Conditions)
We reserve the right to revise, make additions or modify these Terms and Conditions in accordance with the provisions of the Civil Code. In such case, the terms of service provision of this App/Website shall be governed by the Terms and Conditions after the changes.

Article 4 (Publication, etc. of these Terms and Conditions)
We shall make the revised Terms and Conditions and their effective date known within this App or on a designated website, and the Terms and Conditions after changes shall become effective at the time such effective date arrives.

Article 5 (Fees for this App)
This App is available free of charge, provided, however, that, you will be responsible for communication fees, etc. pertaining to the use of this App.

Article 6 (Functions Provided by a povo Account and Management)
1. To use your povo account, you may be required to enter a one-time password, etc. by email or SMS that you set up when registering for your povo account, or you may be required to confirm your identity by eKYC.
2. When the use of this App/Website is initiated by using a povo account, etc., we shall deem that all acts pertaining to this App/Website through logout are performed by the customer to whom the povo account, etc. was granted.
3. We shall not be liable for damage due to errors in use of povo account, etc. or use by a third party; provided, however, that, if we are liable to a customer for damage under these Terms and Conditions or under laws and regulations, we will compensate the customer for such damage in accordance with the provisions of Article 17.
4. A povo account cannot be deleted when a povo2.0 contract is effective. We shall delete your povo account after a certain period of time after you cancel your povo2.0 contract.

Article 7 (Notifications, Distributions of Information, etc.)
1. In the event that we send notifications to you, or distribute notices pertaining to the provision of this App/Website or information that we deem beneficial to you (including advertisements regarding products or services provided by us or third parties; hereinafter referred to as "Notices, etc.") (hereinafter referred to as "Notifications, Distributions, etc.", we can do so by posting, etc. on this App/Website, etc. (including the act of placing links to pages or the App, etc. that contain notifications or Notices, etc. from us or third parties).
2. In the event of sending Notifications, Distributions, etc., in addition to the methods set forth in the preceding paragraph, we can post such Notifications, Distributions, etc. on the notification frame at the top of your device (including the act of posting a link to the page or app, etc., containing the notification or notice, etc., from us), or contact you by sending an email, SMS, MMS, or other message to the device (including all devices if such povo account is set up on multiple devices) on which the povo account you set up at the time you started using the App (hereinafter referred to as the "said povo account") is set up or to the contact information (phone number, email address, contact phone number) associated with the said povo account (including the act of placing links to pages or the App, etc. that contain notifications or Notices, etc. from us), sending push notifications to be displayed on the App (hereinafter referred to as "Push Notifications") (including the act of placing links to pages or the App, etc. that contain notifications or Notices, etc. from us), or by any other method we deem appropriate.
3. 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 your terminal.

Article 8 (Handling of Information on Customers)
1. We shall appropriately handle the personal information of customers obtained in the course of providing this App/Website in accordance with its separately disclosed "Privacy Policy."
2. We may acquire and use information associated with the said povo account (name, address, phone number, date of birth, email address, contact phone number, details of services subscribed to, browsing and usage history (screen display, clicks, etc.) of the App/Website that can be obtained from devices, and browsing history of notifications or Notices, etc. from used notified pursuant to the preceding Article or notices from us notified in accordance with the preceding Article may be acquired and used for the following purposes:
(1) To conduct surveys regarding the usage of this App/Website, usage environment, etc., and to use the information for other market research, data analysis, marketing activities, etc.; (2) For improvement of this App/Website, quality improvement, or development of new services; (3) To send notifications of Notices, etc., distributions, etc.; and (4) To implement promotional measures for this App/Website or designated services 3. For the purposes of the first and second items of the preceding paragraph, we may provide usage history, etc. to operators that provide contents on this App/Website (hereinafter referred to as "Content Providers") in the form of gender ratio, age distribution, usage time zone distribution, etc., after processing it into a form that cannot identify individuals.
4. You may stop the transmission of your usage history, etc. by uninstalling the App.
5. We provide personal information to non-Japanese operators in the countries below in order to provide this App/Website:
Countries: Singapore, the Philippines, the United States
* Please see the povo website for the latest information regarding provision to third parties located outside of Japan.

Article 9 (Updates)
1. You shall update the App to the latest version from time to time.
2. We may update the App without notifying you.
3. You will be responsible for any communication fees, etc. related to updating this App.

Article 10 (Prohibited Matters)
1. You may use this App/Website only for your personal use, and shall not use them for commercial or advertising purposes or any other purposes not authorized by us, nor make any secondary use.
2. You shall not engage in any of the following acts or acts that may fall under any of the following when using this App/Website (in this paragraph, this includes software, documents, data, images, logos, etc. of this App/Website) or the use thereof:
(1) Delete or alter product labeling, copyright notices, other cautionary statements, or restrictions based on proprietary rights;
(2) Reproduce, distribute, publicly transmit, modify, translate, create adaptations or create of derivative works;
(3) Transfer, sell, assign, or otherwise dispose to a third party without our prior written consent;
(4) Allow a third party to use the software without our prior written consent, regardless of the method, such as sublicensing, lending, or other method;
(5) Conduct reverse engineering, decompiling, or disassembling;
(6) Cause excessive burden on our servers, network, computers, etc.;
(7) Gain unauthorized access to our network or system, etc.;
(8) Impersonate as a third party;
(9) Use another user's account or one-time password for this App/Website;
(10) Collect information on other users of this App/Website;
(11) Use, create, sell, or to be otherwise involved in tools that affect this App/Website;
(12) Interfere with the operation of this App/Website or any of our other services, or commit acts that damage the credibility of us or our services;
(13) Violate these Terms and Conditions;
(14) Violate laws and regulations;
(15) Engage in acts that lead to crimes such as fraud;
(16) Provide benefits or other cooperation to antisocial forces;
(17) Engage in acts that we deem inappropriate based on reasonable grounds;
(18) In addition to the preceding items, infringe, restrict or interfere with the rights of us or a third party; and
(19) Aide, coerce, abet, or solicit any of the preceding acts.
3. You shall comply with the terms and conditions set forth in the contract for the designated services and any other contract with us.
4. You shall not transfer or assign any rights or obligations pertaining to this App/Website Contract for Use to third parties.

Article 11 (Precautions for Use)
1. You understand and agree to be responsible for your own use of this App/Website based on your understanding of the contents of these Terms and Conditions.
2. We reserve the right to change all or part of the contents of this App/Website by providing prior notice to you or making the contents known to you.
3. We do not promise continuous provision of this App/Website, and may suspend, interrupt, discontinue, or terminate provision of all or part of this application/website by providing prior notice to you or making the contents known to you. In addition, suspension, interruption, discontinuance, or termination of the provision of designated services shall be subject to the contract for the designated service.
4. Wey may, without prior notice to you, temporarily suspend or discontinue provision of all or part of this App/Website due to maintenance work, system restoration, power outages, natural disasters and other force majeure, or other unavoidable reasons.

Article 12 (Intellectual Property Rights, etc.)
1. All intellectual property rights and other rights, including copyrights, related to this App/Website belong to us or third parties that have licensed their use to us.
2. You shall use the App/Website without infringing the rights set forth in the preceding paragraph.

Article 13 (Suspension of Use of this App/Website, Discontinuance of Provision, etc.)
1. In the event that you violate these Terms and Conditions, the agreement between us and you regarding the designated service is terminated, or the use of the designated service is suspended, we may suspend the provision of this App/Website to you or terminate the contract for use of this App/Website, and you will no longer be able to use this App/Website after such suspension or termination.
2. In the event that we terminate the provision of designated services, your use of the App/Website may be restricted.

Article 14 (Limitation of Warranty)
We do not guarantee in any way the accuracy, completeness, safety, usefulness, or effectiveness of this App/Website, or that this App/Website is suitable for your specific purpose, and do not warrant in any way that this App/Website does not infringe on the rights of third parties, that the App/Website is free from defects, or that the App/Website will operate without malfunction; provided, however, that, damage related to designated services caused by malfunctions of this App/Website, etc. shall be subject to the provisions of Article 17, Paragraph 2.

Article 15 (Disclaimer of Liability)
1. We shall not be liable for any damage resulting from loss, damage, or alteration of data stored in the customer's device or equipment, etc., in providing this App/Website.
2. We shall not be liable for any damage incurred by you due to force majeure or other causes beyond our control.
3. We shall not be liable for any damage to you resulting from the suspension, interruption, termination, or cessation of the provision of this App/Website, or from restrictions on the use of this App/Website based on the termination of the provision of designated services.
4. Notwithstanding the provisions of the preceding paragraphs, in the event that we are liable to you for damage under these Terms and Conditions or under laws and regulations, we shall compensate you for such damage in accordance with the provisions of Article 17.

Article 16 (Measures Upon Termination of Use of this App/Website)
In the event of termination of this contract for use of this App/Website for any reason whatsoever, we may erase all information stored by you using this App/Website and information related to your use of this App/Website, and you may not object to this.

Article 17 (Compensation for Damage)
1. In the event that you suffer damage due to reasons attributable to us in using this App/Website, or in any other case where we are liable for damage to you in relation to this App/Website in accordance with these Terms and Conditions or the provisions of the law, we shall compensate you for such damage up to the amount of 330 yen, which is equivalent to the minimum usage amount for data and call toppings in povo2.0; provided, however, that, such limit shall not apply to damage caused by our willful misconduct or gross negligence.
2. Notwithstanding the preceding paragraph and other provisions of these Terms and Conditions, any damage incurred in connection with the designated services that we provide to customers through this App/Website shall be subject to the provisions of the contract pertaining to the designated service.

Article 18 (Governing Law)
These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan.

Article 19 (Agreed Jurisdiction)
The Tokyo District Court shall have exclusive jurisdiction in the first instance over any and all disputes related to these Terms and Conditions.

Article 20 (Consultation in Good Faith)
If any question or dispute arises between you and us in connection with these Terms and Conditions, we shall consult with you in good faith to resolve such dispute.

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