Terms of Use for World eSIM Services

Chapter 1 (General Provisions)

Article 1 (Application of Terms of Use)

• These Terms of Use (hereinafter referred to as the "Terms of Use") shall apply uniformly to WorldeSIM Services (hereinafter referred to as the "Services") provided by Vision Mobile Hawaii Inc., a Hawaii corporation (hereinafter referred to as the "Company", “we”, “our”, or “us”) and between the Company and the Customer (as defined in the following article, and also referred to herein as “you” or “your”).
• In addition to these Terms of Use, the provisions separately set forth by us with respect to the Services (including service introductions, price list(s), help, precautionary statements, and other information on the website, as well as our notice(s) to the Customer) shall constitute a part of these Terms of Use. In addition, if there is a conflict between the contents of these Terms of Use and the contents of the applicable separate provisions, the separate provisions shall control.

Article 2 (Definition of terms)

In addition to other terms that may be defined herein, the Terms below used in this Terms of Use shall be defined as follows:

Services	This refers to the WorldeSIM Services. This is a service that uses eSIM to provide dedicated data communications in the country or region specified in the Terms of Use and in accordance with the Terms of Use.
eSIM	This is an abbreviation for “Embedded SIM”, which is a SIM that is embedded into a device and incorporated into the device body as a component. Unlike ordinary SIM cards, you do not need to insert or remove them from the unit.
eSIM profile	eSIM profiles are software that must be downloaded to access a carrier's mobile network with an eSIM-enabled device. Data communication is enabled by writing the eSIM profile to an eSIM.
Contract of Use	This shall mean the contract between us and the Customer for the use of the Service.
Customer	This shall mean a person who has executed a Contract of Use with us for our Services. Provided, however, that there may be cases where a person is a “Customer” where he or she submitted an application for a Contract of Use to us, depending on the situation.
Telecommunications Carriers	Regardless of MNO・MVNO (Mobile Network Operator or Mobile Virtual Network Operator), this means a telecommunications provider providing or to provide the Services contracted by Us or an eSIM operator.
eSIM operator	A business operator who contracts with Us and provides eSIM(s) for the Services.

Article 3 (Restriction on Purpose of Use)

The Customer shall be entitled to use the Services lawfully and for his or her own benefit only.

Article 4 (Changes to these Terms of Use)

We may change the Terms of Use without obtaining the consent of the Customer. In such a case, we shall notify the Customer in advance of the change of this Terms of Use, the contents of this Terms of Use after the change, and the effective time of the change in the Terms of Use by the method set forth in Article 6 (Method of Notice). In the event that we change this Terms of Use by one of such method(s), the Customer shall be deemed to have agreed to such change.

Article 5 (Change of Services Contents)

We may change the service fee(s) and other Services contents without obtaining the consent of the Customer. In such a case, we shall notify the Customer of the changed Services contents by the method set forth in Article 6 (Method of notification) and thereafter (or after the time when the change becomes effective, if otherwise), the changed Services contents shall be applied, and the Customer shall be deemed to have agreed to such change by the subsequent use of the Services.

Article 6 (Method of Notice)

Except as otherwise provided in this Terms of Use, all notices from us to the Customer shall be given in writing, by e-mail (including short-mail services), by telephone, by posting on the website operated by us, or by any other method designated by us.

Article 7 (Customer Information)

• In the event the Customer changes his or her name and contact information (hereinafter collectively referred to as the "Customer Information" in this article) (including the case of a merger of a corporation or a company split), the Customer shall promptly notify Us by email to our email address, [email protected]
• In the event the Customer fails to provide the notice to Us as set forth in the preceding paragraph, all documents, e-mails, notices etc. sent to the Customer to the last-provided name, address, and/or contact information of the Customer shall constitute notice to the Customer and shall be deemed to have arrived at the time when such notice is sent.
• In the event the Customer gives a notice to Us as set forth in Article 7, Paragraph 1, all documents, e-mails, notices etc. sent by the Company to the Customer using the new Customer Information, such as the name, address, or contact address of the Customer after the change, shall be deemed to have arrived at the time when the notice is sent to the Customer.
• The Customer shall be responsible for any damages caused by the failure to give notice as set forth in Article 7, Paragraph 1 hereof or by providing us with false customer information, and the Company shall not be liable for any damages.

Chapter 2 (Contract Procedures, etc.)

Article 8 (Application Procedure)

• The Customer shall apply for a Contract of Use by (1) agreeing to the Terms of Use and other important matters explained to the Customer in advance, (2) completing the application form designated by the Company or the online application screen on the Company’s website at the URL world-esim.com, and (3) submitting or transmitting the necessary information to the Company as instructed.
• In the event of any of the following, the Company may not accept the application for the Contract of Use. In such case, we shall notify the Customer of such decision.
  • When the Company believes there are reasonable grounds to believe that the Customer is likely to violate the Terms of Use
  • Where the Company believes that the Customer is likely to fail to pay the agreements under the Contract of Use
  • When the Company believes the Customer has entered a false fact, inaccurate fact, or a misrepresentation in the application form for a Contract of Use
  • When the Company believes there is a risk of using the Services illegally or in a manner contrary to public policy, public order and/or morality
  • In the event the Company believes the Customer is likely to use the Services in a manner that damages the reputation of the Company or the Services
  • The Customer is believed to be an organized crime group, an organized crime group member, a person who has not yet passed five years since he/she ceased to be an organized crime group member or an organized crime group member, a quasi-member of an organized crime group, a company related to an organized crime group, a general meeting house, or a special intelligent organized crime group, or any other anti-social forces equivalent thereto (hereinafter collectively referred to as "anti-social forces") or is found to have a relationship with an anti-social force.
  • When the Customer has any history with the Company of violation of these Terms of Use or any previous Contract(s) of Use, or issues with any of the Company’s directors, officers, agents, or employees. If there are any other reasonable grounds to determine that the Services cannot be provided or is not appropriate.

Article 9 (Establishment of Agreement)

• The Contract of Use shall become effective when the Customer completes the application pursuant to the procedures designated by Us and the Company sends a notice to the Customer stating that the Company accepts such application.
• In the event the Services cannot be provided to the Customer for any reason after our approval, we shall notify the Customer in the manner set forth in Article 6 (Method of Notice). In such case, the Company shall not be liable for any damages to the Customer.
• The executed Contract of Use cannot be withdrawn by the Customer, specifically approved by the Company in writing.

Article 10 (Termination of Use Agreement)

• The Contract of Use shall be terminated in the event of any of the following:
  • When the use period provided for in the Contract of Use has expired
  • When using all the allotted data or capacity as described in the Contract of Use
  • In the event the Customer deletes the eSIM Profile established by Contract of Use.
• In the event there is unused capacity in the terminated Contract of Use, such unused capacity shall automatically be extinguished upon termination of the Contract of Use.

Article 11 (Charges for the use of the Services)

• The usage fee for the Services and the method of payment thereof shall be set forth in the Contract of Use.
• In the event it becomes necessary to increase or decrease the fees relating to the Services due to changes in taxes, public charges, economic conditions, increased costs/expenses, or otherwise, the Company shall be entitled to revise the fees relating to the Services.
• If the Customer is a resident of the State of Hawaii of the United States of America, Hawaii taxes will be added to the total usage fee regardless of the country or region in which the Services are used. In addition, if the Services are used in the State of Hawaii, regardless of where the Customer resides, the Customer will also be charged with such Hawaii taxes in addition to the total fees.

Article 12 (Delinquency Charges)

In the event the payment of the usage fee is not confirmed by the due date designated by us, we may charge a late payment charge of 14.6% per annum.

Article 13 (Non-Assignment)

The Customer may not assign, transfer, license, sell, grant, succeed to, pledge as security, or otherwise dispose of all or part of its rights or obligations related to or arising out of the Contract of Useto a third party without our prior written approval.

Chapter 3 (Services)

Article 14 (Services)

• The Services is a communication service that enables the Customer to use the communication service in a country/region where we provide an eSIM, and by its nature, there may be times when the Services cannot be provided properly in whole or in part due to issues with communication facilities, the Customer’s device/phone, and/or SIM cards or eSIMs not provided by the Company, used by the Customer for this service.
• The Customer shall bear any and all risks related to the Services, including but not limited to interruptions or stoppages in or of the Services.
• The Customer shall not use the Services with communications facilities and SIM cards other than those recommended by the Company.
• The telecommunications line to be provided to the Customer shall be selected by Us or an eSIM operator. Although we and eSIM operator(s) will endeavor to select communication lines to provide an optimal communication environment, we cannot guarantee, are not responsible for, and will not compensate for any issues or damages related to or arising out of the selection of Telecommunications Carriers or telecommunications lines, due to the complexity of the technologies and telecommunications services used in eSIM.

Article 15 (Indemnity)

• In the event that we make representations regarding internet or communication/data speeds, etc. for the Services, such representations refer to the maximum speed(s), and we cannot guarantee that the represented speed(s), etc. will be provided in the use of the Services by the Customer.
• In the event networks/communications become extremely congested and it is no longer possible to connect all communications, the Company or Telecommunications Carriers may take measures to interrupt or discontinue the use of communications if it is determined by the Company or Telecommunications Carriers that it is necessary to give priority to communications that contain matters necessary for the prevention of disasters, for the securing of relief, transportation, telecommunications, or the supply of electric power, or for the maintenance of order in the event of a natural disaster, incident, or any other emergency that may arise or occur, and communications that contain urgent matters for the public interest.
• The Services may be negatively affected or may not be able to be used indoors, underground, tunnels, building shades, mountainous areas, sea areas, and other areas where it is difficult to transmit radio waves and/or other forms of communications even within the service area.
• Even during the period of use of the Services, if the communication terminal connects to the communication network by a method other than the method designated or instructed by us, communication charges such as overseas data roaming charges may be charged by the telecommunication carrier used. We cannot assume any responsibility or liability in such events.

Article 16 (Restrictions on Communications)

• We may restrict communications for a certain period of time if the Customer reaches the limits or restrictions on communications set forth in the terms and conditions of the Contract of Use.
• We shall not be liable for any damages incurred by the Customer due to any restriction of communications as set forth in the preceding paragraph.

Article 17 (Prohibitions)

• The Customer shall not use the Services in any manner falling under any of the following items.
  • Acts that infringe the intellectual property rights or other rights of others
  • Acts that infringe upon the property, privacy, or portrait rights of others
  • The act of slandering, defaming, or damaging another person's reputation or reputation
  • Transmitting computer viruses, trojans, backdoors, or other harmful computer programs to any person or entity, or leaving them in condition to receive such harmful programs
  • Transmitting correspondence or communications, etc. related to Advertising or Solicitation without obtaining the consent of the recipient
  • Any other act that we consider to be in violation of public policy or infringement of the rights of others.
  • Act(s) of unauthorized access to other person's facilities, devices, networks, or equipment
  • Any other act that violates laws and regulations (including but not limited to individual communications to which laws and regulations of countries or regions are applied, not limited to Japan) or public order or morals, or significantly infringes the rights of others.
  • Acts that we judge may fall under any of the preceding items.
• In the event the Company determines that the use of the Services by the Customer falls under or may fall under any of the items in the preceding paragraph, the Company shall be entitled to suspend or terminate the provision of the Services at any time.

Article 18 (Suspension of Services, etc.)

• We may suspend, suspend or suspend the provision of the Services for the following reasons:
  • When unavoidable for maintenance or construction of telecommunications facilities of Telecommunications Carriers or eSIM operator(s), etc.
  • When there are unavoidable reasons, such as interference with telecommunications facilities installed by Telecommunications Carriers or eSIM operator(s)
  • Where Services are affected due to force majeure such as flood, fire, earth quake, explosion, power failures or interruptions, natural disasters, war, invasion, hostilities, terrorist threats, riot, civil unrest, government action, order or law, embargoes, blockades, national or regional emergencies, labor strikes, stoppages, or slowdowns, epidemic, pandemic of other wide-spread diseases, or other events beyond the reasonable control of the Company
  • When communications are restricted in an emergency, etc.
  • In the event that the payment of fees and other debts cannot be confirmed even after the due date for payment has expired
  • In the event it is found that an incorrect or false fact, or misrepresentation was made in the application for the Services
• In the event the provision of the Services is suspended, cancelled or stopped for any of the reasons set forth in the items of Article 18, paragraph 1, the Company shall endeavor to notify the Customer of the effective date thereof in advance, except where notification may be difficult or not possiblein cases of emergency.

Article 19 (Discontinuance of Service)

• You agree that the Company may terminate the Contract of Use at any time to the extent permitted by law.
• In the event of the preceding paragraph, we shall not assume any responsibility except in the event of willful misconduct or gross negligence on our part.

Chapter 4 (General Provisions)

Article 20 (Termination of Contract)

• In the event the Customer falls under any of the events listed in the following items, the Company shall be entitled to immediately terminate the Contract of Use without prior notice.
  • When the Company believes that the Customer has neglected or is likely to neglect the contractual payment obligations
  • When the Company believes that the Customer is or was using the Services illegally or in a manner contrary to public policy or morality, or when such use is likely to occur
  • When the Company believes that the Services are used or are clearly likely to be used in a manner that would seriously impede the use of the Services by persons who directly or indirectly use the Services provided by the Company
  • In the event of a breach of any of the obligations of the Customer as set forth in the Terms of Use or Contract of Use
  • In the event of a petition for bankruptcy, corporate reorganization, special liquidation, civil rehabilitation, or other similar legal insolvency proceedings with respect to the Customer
  • Upon the termination of all or part of a contract for the Services between the Company and a Telecommunications Carrier or eSIM operator(s)
  • The Company believes that the Customer is associated with an anti-social force or to be involved with an anti-social force.
  • In the event of any other material event that makes it difficult to continue the Contract of Use
• In the event the Contract of Use is terminated pursuant to the provisions of the preceding paragraph and the provision of the Services is discontinued, the Company shall notify the Customer of the reason therefor and the date on which the provision is discontinued in the manner set forth in Article 6 (Method of Notice), except in cases of emergency or unavoidable situations, in which case the Company shall not be obligated to notify the Customer.
• In the event the Contract of Use is terminated pursuant to the provisions of Article 20, Paragraph 1, the Customer shall compensate Us for damages incurred by Us as a result of the termination.

Article 21 (Limitation of Liability.)

• Limitations on Certain Damages.
  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY SHALL NOT BE LIABLE TO THE CUSTOMER FOR SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF USE DAMAGES) ARISING OUT OF A BREACH OF THESE TERMS OF USE, CONTRACT OF USE, OR ANY ACCEPTED PURCHASE ORDER, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND/OR EVEN IF SUCH BREACH WAS FORESEEABLE.
• Maximum Liability Amount.
  IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE, CONTRACT OF USE, OR ANY ACCEPTED PURCHASE ORDER (WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER FORM OF ACTION) IN ANY WAY EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER TO THE COMPANY UNDER THESE TERMS OF USE AND/OR THE CONTRACT OF USE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTIVITY OR EVENT GIVING RISE TO SUCH LIABILITY.

Article 22 (Compensation for Damages)

• In the event the Customer causes any damages to the Company for reasons attributable to the Customer in connection with the use of the Services, the Customer shall compensate for any damages suffered by the Company.
• In the event the Customer causes any damage to a third party or causes any dispute with a third party in connection with the use of the Services, the Customer shall resolve the same at its own responsibility and expense, and the Company shall have no responsibility whatsoever. In the event that we are held liable by another customer or a third party for any reason not attributable to us, Customer shall settle such dispute at its own responsibility and expense, and shall indemnify, defend, and hold us harmless from any and all claims, actions, liability, damages or otherwise made by the other customer(s) or third part(y/ies).

Article 23 (Re-consignment)

We may subcontract to a third party all or part of the services or work required for the provision of the Services, without the approval or consent of the Customer.

Article 24 (Confidentiality)

The Customer shall treat any non-public information or information designated as confidential by us that is disclosed by us in connection with the Services as strictly confidential, unless otherwise approved in writing in advance by us.

Article 25 (Policy on the Protection of Personal Information)

• In the spirit of Japan’s Act on the Protection of Personal Information, we shall properly manage the personal information of Customers and Users (hereinafter referred to as the personal information stipulated in the Act on the Protection of Personal Information) in accordance with our Privacy Policy, in addition to stipulating in these Terms of Use. Please refer to the following URL for our privacy policy. In the event of any conflict or conflict between the provisions of this Terms of Use and the provisions of our Privacy Policy, the provisions of this Terms of Use shall prevail over our Privacy Policy.
  Our Privacy Policy: https://world-esim.com/privacy
• Personal information of Customers or Users shall be properly handled within the scope necessary to achieve the purposes of use as set forth below.
  • Answering inquiries, including but not limited to regarding the Services.
  • Provide information regarding confirmation, information on charges, billing, guidance on changes in service provision conditions, notification of suspension of services, termination of contracts, etc., and other services. In addition, the information concerning the provision of Services includes the sending of e-mail as set forth below, and these e-mails are related to the provision of the Services. Therefore, the information will also be sent to the Customers and Users who have elected not to receive e-mail from us at the time of execution of this Agreement.
    Ⅰ) E-mail to confirm orders and eSIM profiles
    Ⅱ) E-mail concerning information on local communication failures
    Ⅲ) Other e-mails about necessary information that is not disadvantageous to the Customer as defined by us.
  • Conducting sales recommendations, questionnaire surveys, and delivery of premiums, etc., concerning the Services provided by us (including our parent company, subsidiaries, and affiliates; hereinafter the same shall apply in this item) or our Affiliated Companies by telephone, e-mail, mail, etc. In addition, the information related to the provision of services includes the sending of e-mail as set forth below. These e-mail messages will be sent only to the Customers and Users who authorized e-mails from us at the time of execution of this Agreement.
  • Analyze the information provided for the improvement of our Services or the development of new services.
  • To make announcements such as products, services and campaigns of us or our affiliated companies. These announcements may be made by sending e-mails. These e-mails will be sent only to the Customers and Users who are authorized to send e-mails from us at the time of execution of this Agreement.
• We may provide personal information to a third party in the event that disclosure of personal information is requested by laws, rules, regulations, government agencies, or court order, or in the event that the Company receives a request for disclosure of personal information from a party with which the Company contracts with or deals with for or relating to the provision of Services (including, but not limited to, telecommunications carriers that lease communications to us). In such case, we will disclose personal information only to the necessary extent for such purposes.
• In the event that we deem it necessary (including but not limited to the case where we receive a request for disclosure of personal information from a telecommunications carrier that lends communications to us for a reasonable reason), we may request the Customer or User to provide personal information. In this case, the Customer and the User shall promptly comply with such request.

Article 26 (Governing Law and Forum.)

• These Terms of Use, and all claims or causes of action, whether in contract, tort or otherwise, that may be based upon, arise out of or relate to this Terms of Use, or the negotiation, execution or performance of this Terms of Use, shall be governed by, and construed in accordance with the domestic laws of the State of Hawaii, without giving effect to any choice or conflict of law provisions or rules that would result in the application of the laws of any jurisdiction other than the laws of the State of Hawaii.
• Each Party consents and submits to the exclusive jurisdiction of the state courts of the State of Hawaii and the United States District Court for the Honolulu District of Hawaii for the adjudication of any action or legal proceeding relating to or arising out of this Terms of Use and the transactions contemplated hereby, and each Party agrees not to commence any action or legal proceeding relating thereto except in any such courts. Each Party hereby irrevocably and unconditionally waives any objection which it may now or hereafter have to the laying of venue in such courts and agrees not to plead or claim in any such courts that any such action or legal proceeding brought in any such courts has been brought in an inconvenient forum. Each Party hereto agrees that a final judgment in any such suit, action or proceeding brought in any such courts shall be conclusive and binding upon such Party and may be enforced in any other courts to whose jurisdiction such Party is or may be subject by suit upon such judgment.

Article 27 (Special Provisions on Use of the Services in Specific Countries and Territories)

• In certain countries and regions, authentication may be required before data communication using these Services are started. The authentication method is eKYC (Electronic Know Your Customer), and images such as passports must be uploaded for identification.
• The countries and regions specified in the preceding clause are subject to change without notice.
• Other mandatory rules, regulations, or laws of other states, regions, or countries may also apply to your use of the Services.
• In the event that a Telecommunications Carrier requests disclosure of information, we may disclose all or part of the information of the Customer, including passport information obtained from the Customer pursuant to the preceding paragraph.
• In the event of any damages to us in connection with this Article, the Customer shall compensate us for such damage, unless such damages are solely attributable to us.
• We will retain our assets for a certain period of time as we deem appropriate in accordance with the laws and regulations of a particular country or region. Unless there are laws and regulations, special agreements, etc., we will retain them without specifying the deadline.

Article 28 (Severability)

If any court of law having jurisdiction to decide on this matter rules that any provision of these Terms of Use is invalid, then that provision shall be removed without affecting the rest of the Terms of Use, and the remaining provisions shall continue to be valid and enforceable.

Article 29 (No Waiver)

The Company’s failure to insist upon or enforce any of the provision of these Terms of Use shall not be a waiver of any such provisions or rights.