Terms of ConnecTalk Application Services

This English translation of “ConnecTalk apuri riyou kiyaku” is for convenience of reference only and shall have no legal effect, and the Japanese language text shall in any event prevail.

Article 1 (Purpose)

  1. These terms (the “Terms”) apply to the entire relationship between You and SoftBank Corp. (hereinafter referred to as the “Company”) in connection with the ConnecTalk application (the “Application”).
  2. In using the Application, You are required to comply with the Terms and other separately agreed upon conditions.
  3. The Company may amend the Terms without Your consent. In such cases, these amended terms shall apply from the time they are posted into the application or website.

Article 2 (Definition)

  1. “Services” means “ConnecTalk” provided by the Company in accordance with the “ConnecTalk appli riyou kiyaku”
  2. “Application” means the “ConnecTalk Application” software program provided by the Company for the purpose of increasing the convenience of the Services and a set of accompanying documents.
  3. “You” means a person who entered into a contract with the Company and installs or uses the Application in accordance with the Terms (including employees thereof).
  4. “Device” means the devices on which the Application is usable as separately designated by the Company.

Article 3 (Licensing)

Article 4 (Formation, Effectuation and Amendment of Contract)

  1. The Terms shall be formed and take effect when You install or use the Application on a Device.
  2. The Company may amend the Terms without giving prior notice to You or obtaining prior consent from You and deems Your use of the Application after such amendment as Your consent to the amended terms. In such cases, the Company will notify You of the amendment to the Terms by posting the amended terms in the Application or any other method equivalent thereto.

Article 5 (Prohibited Acts)

Article 6 (Suspension of Services)

  1. The Company may suspend provision of the functions of the Application if:
    1. (1)
      You fail to pay any fee, expenses, additional charge, delinquent charge or other amount payable for the Company’s services used by You even after the due date;
    2. (2)
      You are judged by the Company to have performed a prohibited act set forth in Article 5 above in the process of using the Application;
    3. (3)
      You are found to have notified the Company of a false matter in applying for a contract of the Services;
    4. (4)
      You otherwise perform any act which would or might affect the business activities of the Company or any facility of the Company; or
    5. (5)
      You perform any act which would excessively burden any facility for the Services in the process of using the Application.
  2. If the Company intends to suspend provision of functions of the Application pursuant to the provision of Paragraph 1 above, the Company will notify You of the reason, and the date and period of suspension in advance; provided, however, that this does not apply in the case of an unavoidable emergency event.

Article 7 (Interruption of Services)

  1. The Company may interrupt provision of the Application if:
    1. (1)
      the Company upgrades the Application;
    2. (2)
      continuous provision of the Application is extremely difficult due to malfunction of the Application;
    3. (3)
      it is unavoidable due to a problem at a facility for the Services or for maintenance or other work; or
    4. (4)
      it becomes difficult to provide the functions of the Application for a reason on the part of the Company.
  2. If the Company intends to interrupt provision of the Application pursuant to the provision of Paragraph 1 above, the Company will notify You of such intention in advance; provided, however, that this does not apply in the case of an unavoidable emergency event.

Article 8 (Restrictions in Use)

  1. A communication fee is separately charged by the telecommunication service provider to the relevant Device (including when the relevant Device is outside Japan) when downloading and when using the Application,
  2. Phonebook data registered in the Device is duplicated in the Application, and the duplicated data is used by the Application. Users shall consent to such duplication or use by the Application.
  3. Whole or part of the Application will sometimes not effectively function if:
    1. (1)
      the contract number or password, etc. for using the Services is not valid;
    2. (2)
      the OS version, etc. of a Device is not compatible with whole or part of the Application;
    3. (3)
      the power necessary for proper operation of a Device is not being supplied; or the power is turned off;
    4. (4)
      a Device is in an area where there is no signal for data transmission or the signal is weak;
    5. (5)
      updating, etc. of the Application has not been done;
    6. (6)
      a Device is used overseas;
    7. (7)
      a function other than the Application is being executed, operated, etc.;
    8. (8)
      a Device does not have sufficient memory capacity for operating the Application; or another technical problem exists;
    9. (9)
      the mobile phone number of a Device was changed; or any information on a Device that is necessary for provision of the Services and is set at various facilities was changed, deleted, etc.; or
    10. (10)
      provision of the Services to You is suspended.

Article 9 (Exemption from Responsibility)

  1. The Company does not warrant, whether expressly or impliedly, completeness, accuracy, reliability, usefulness or any other quality of the Application.
  2. The Company shall not be responsible in any way for delay in provision, modification, interruption or discontinuation of the Application, loss of information, etc. provided through the Application or any other damage arising to You or a third party in connection with the Application, for whatever reason. Likewise, the Company shall not be responsible in any way for damage arising as a result of an act done by the Company as provided for in these terms.
  3. The Company shall not be responsible in any way to You for the following matters.
    1. (1)
      The Application does not infringe on any other person’s right.
    2. (2)
      The Application has such quality as expected by You.
    3. (3)
      The Application does not adversely affect other applications installed on any Device on which the Application is used or Your data.
  4. Though the Company will make efforts for normal provision of the Application, the Company shall be exempted from responsibility for any damage caused to You by suspension, service failure, interruption or discontinuation of provision, etc. of the Application.
  5. You shall be fully responsible for downloading and using the Application as well as the results thereof and, if You cause any damage to a third party in connection with using the Application or have a dispute or other problem with a third party, you shall resolve the matter at Your own responsibility and expense and shall not have the Company bear any responsibility.

Article 10 (Modification of Application)

Article 11 (Damages)

Article 12 (Governing Law and Jurisdiction)

Enacted: Decenber 5th, 2018 (ver1.0)