Terms of Use
SoftBank Corp.
Chapter 1 General Provisions
Article 1 (Application of these Terms of Use)
- These Terms of Use shall apply to Softbank Corp. (hereinafter, the "Company"), Facility Managers, Applicants, and Users in relation to the use of the public wireless LAN services (hereinafter, the "Services") provided by the Company within the Managed Area.
- The Company may modify the Terms of Use by notifying Users through a method predetermined by the Company, provided that the Service shall be provided in accordance with the modified Terms of Use.
Article 2 (Definition of Terms)
In these Terms of Use, the following terms are used with each of the following meanings.
- (1) "Service Agreement" means an agreement that needs to be made in order to use the Service.
- (2) "Facility Manager" means the person who manages the area where the Wireless Base Station Equipment is installed.
- (3) "Applicant" means a person who submitted a Service Agreement application to the Company.
- (4) "User" means one of the Applicants who entered into a Service Agreement with the Company.
- (5) "User Information" shall mean the information that the Applicant has entered at the time of execution of the Service Agreement, including the Applicant's mobile phone number or e-mail address, sex, age, prefecture and mobile phone company that the Applicant uses if contracting with a Japanese telecommunications carrier, and name of the country and the like if contracting with a foreign telecommunications carrier. It also includes the information obtained by the Company from External Services Operating Company.
- (6) "Managed Area" means the facilities or premises managed by the Facility Manager.
- (7) "Coverage Area" means the reach of the radio signal identified by the SSID specified in Exhibit 1 from the Wireless Base Station Equipment.
- (8) "Wireless Base Station Equipment" means the exchange equipment (including equipment connected to the exchange equipment) installed in order to provide the Service.
- (9) "Wireless LAN Device" means the antenna and radio transmitter / receiver of the User used in the Coverage Area and that has functions for communicating with the Company's Wireless Base Station Equipment.
- (10) "Radio Link" means a telecommunications line installed between Wireless Base Station Equipment and a Wireless LAN Device.
- (11) "Telecommunications Service" means transmitting the communication of others using telecommunications facilities or providing telecommunications facilities for the communication of others.
- (12) "License" means the right to use the Service.
- (13) "ID & PW" shall mean the User ID and password for the Services given to Users by the Company; provided, however, that the Company will not give ID & PW to Users in case of authentication by external service ID.
- (14) "Access History" means ① the history of the connection attempts made by the User’s WLAN device to the Wireless Base Station Equipment and other exchange equipment installed by the Company for radio transmission and reception (not restricted to the exchange equipment within the Coverage Area. The same applies hereinafter.) that is stored by the Wireless Base Station and ② the information transmitted in preparation for the WLAN device’s attempts to connect to the Wireless Base Station Equipment to automatically and periodically verify the reciprocal presence (Probe Data) that is recorded by the Wireless Base Station Equipment, including the MAC address of the WLAN device.
- (15) "Event Information, etc." refers to 1) information regarding sightseeing, events, shopping, etc. that the Company deems beneficial to the User and 2) emergency and disaster information.
- (16) The "Web Browser Communication Contents" refers to the content communicated via the web browser by the User while browsing the web on the Wireless LAN Device while using the Service. However, this is limited to the minimum communication content needed to display the Event Information, etc. on the web browser. Encrypted Communication Content (URLs beginning with https://, etc.) is also not included.
- (17) "External Services Operating Company" shall mean the third party operating companies such as Facebook, Inc., and Yahoo Japan.
- (18) "External Services" shall mean the services operated by the External Services Operating Companies.
Chapter 2 Service Agreement
Article 3 (Unit of Service Agreement)
The Company shall enter into one Service Agreement for each Applicant. In this case, the number of Users who are able to use the Service under one Service Agreement is limited to one.
Article 4 (Method of Application)
Any person who wishes to use the Service shall, on his/her own, submit a Service Agreement application and request the granting of a License in the manner specified by the Company.
Article 5 (Qualifications and Conditions of Application and Conclusion of the Service Agreement)
- The Company shall accept the Service Agreement application only if it passes the examination of the Company and the Service Agreement is concluded when the application is accepted.
- If the Service Agreement is concluded, the Company shall grant an ID & PW to the User.
Article 6 (Grant of License)
The Company shall consider that the User has agreed with the then-effective Terms of Use and made a request to the Company for granting of a License when:
- (1) The Service Agreement is concluded; or
- (2) If the User requests for the authentication relating to the Services;
Article 7 (Prohibition of Transfer of Rights under the Service Agreement)
The User's right to receive the offering of the Service under the Service Agreement shall not be transferred.
Chapter 3 Offering of the Service
Article 8 (Authentication of Services)
- Conditions required for the registration process for the Services vary depending on the method of authentication as described below:
- (1) Authentication by phone number
- (2) Authentication by e-mail address
- (3) Authentication by external service ID
- Registration of Services of User Information is required for authentication by phone number or e-mail address.
- No registration of User Information of the Services is required for authentication by external service ID. Instead, registration is required on the External Services provided by External Services Operating Companies pursuant to Articles 9 and 10.
Article 9 (Access to External Services Information)
- In registering User Information for the Services by authentication of external service ID, the Applicant or User shall acknowledge in advance that the Company will obtain the User Information registered on the External Services.
- In conducting authentication by external service ID, the Company may be requested to give permission for access to the data accumulated in the External Services. You may be authenticated by logging into the External Services to proceed with the registration only after the Company has reviewed such request for permission from the External Services Operating Company and given permission.
- The Company shall, upon request from User, delete the relevant User Information received from External Services Operating Company.
Article 10 (Use of External Services)
- With respect to the use of all External Services including registration and the use of the account for the External Services (including posting on the External Services of writen contents and actions created by the User), the User shall conform to each of the terms and conditions set forth by the External Services Operating Companies.
- The User shall register and manage its account in the External Services at its own responsibility. The User shall be responsible for any damages arising from its mismanagement, erroneous use, or use by third parties, and the Company shall not assume any liability relating to the User's account in the External Services.
- The User shall use External Services at its own responsibility, and the Company shall not be liable for any damage arising from the use of such Services, troubles occurring between the operator of such Services and the User, or any other matters relating to such Services.
Article 11 (Area in which the Service is provided)
- The Company will provide this Service in the Coverage Area.
- The User agrees in advance that the Coverage Area may change due to additions or deletions and the Company shall not bear any responsibility for any changes with respect to the Coverage Area.
- The provision of paragraph 1 does not guarantee that the Service will always be available in the Coverage Area.
Article 12 (Communications)
The Service, of the interface that conforms to IEEE802.11a, IEEE802.11b, IEEE802.11g, IEEE802.11n, IEEE802.11ac or IEEE802.11ax, can communicate with interface the Company has defined for each Wireless Base Station Equipment Installation Location. However, the Company does not guarantee the code transmission rate as defined in each interface.
Article 13 (Limitation by Radio Link)
In this Service, the User consents to the possibility of situations in which the transmission rate of radio communication may decrease or fluctuate, situations in which a code error may occur, and situations in which this Service is not available at all for the following reasons;
- (1) distance of line from the radio link and the condition of Wireless Base Station Equipment
- (2) radio disturbances or radio interference etc. caused by signal leakage from telecommunications circuit facilities of other telecommunications services
- (3) radio disturbances or radio interference caused etc. due to the occurrence of electromagnetic waves from electronic products and specialized medical equipment
- (4) radio interference caused by shielding
- (5) events equivalent to any of the preceding items
Article 14 (Restrictions on Use)
- Due to unavoidable technical reasons etc., the Company may inspect the Wireless Base Station Equipment or relocate, expand, or reduce all or part of the Wireless Base Station Equipment without prior notice. In such cases, the Company may no longer be able to provide the Service even in the Coverage Area.
- Because there is only a limited number of possible concurrent connections for the Wireless Base Station Equipment, when the maximum number of concurrent connections has been exceeded, including when the Equipment is in use by third parties such as other Users, the Service will become unavailable. In addition, the maximum number of concurrent connections may differ depending on the usage situation of third parties who are connected at the same time.
- If the address of the information the User is trying to browse through this Service is included in the list of addresses of child pornography provided by the organization that manages and creates address lists of child pornography, other businesses affiliated with the Service may limit the viewing of such information. In addition, access to information that is determined to be child pornography and to which access is limited by other businesses may be limited in this Service by the Company.
- Depending on the type of Wireless LAN Device, the Company may not be able to provide this Service in some parts of the Coverage Area.
- The Company may limit communication relating to a particular software or communication protocol separately determined by the Company when the User communicates using this Service.
- The Company may gather, analyze and store information that is necessary for the limitation of communication prescribed in this Article.
- If an act of God, accident, or other emergency occurs or if there is a risk of such events and the Company deems it necessary to deal with on a priority basis, the communication necessary for disaster prevention, rescue, transportation, communication, securing the supply of power, or maintaining of order and communication for which the content is a matter of urgency for the benefit of the public, the Company may take measures with respect to communication using a radio links to stop the use of communication by anything other than the radio links that are located in the institutions listed in Exhibit 1 (this is limited to radio links determined by the Company through discussion with such institutions).
- In addition to the provisions of the preceding paragraphs, the availability of the Service may be restricted at the discretion of the Facility Manager.
Article 15 (Notification)
The Company may distribute information related to the Service to the mobile phone number that the User registered at the time of application for the Service Agreement (information is free of charge; communication fee is dependent on the communication environment of the User).
Article 16 (Change or Termination of Service)
The Company may modify the entire or a part of this Service or may terminate this Service at its convenience without providing any notice to the User.
Chapter 4 Fee for Use etc.
Article 17 (Fee for Use, etc.)
No fee will be charged for the use of Wi-Fi; provided, however, that the User shall be responsible for any cost of equipment necessary for the use of the Services such as wireless LAN devices as well as the cost of communications such as LTE.
Chapter 5 the User's Responsibility
Article 18 (Use of the Service)
- The User shall accept full responsibility for the use of the Service and the result of such use. In the unlikely event that another User or a third party files a claim, litigation or other dispute against the Company that is relating to, or resulting from, use of this Service by the User, the User shall resolve such dispute at his/her own cost and responsibility and compensate the Company for damages if there is a financial burden to the Company.
- The availability of the Service may be restricted depending on the business days, business hours or the like of the Installation Site of Wireless Base Station Equipment. The Service shall not be used elsewhere than in the Managed Area.
Article 19 (Management of ID & PW)
- A User shall be responsible for managing his/her ID & PW.
- Once use of this Service is started using the ID & PW, the subsequent series of communications until logout are deemed as the communication of the User to whom the ID & PW is provided.
- The Company is not responsible for damages caused by misuse or use by a third party of the ID & PW, provided however, that this shall not apply in cases where there is willful intent or gross negligence by the Company.
- Transferring, changing or loaning the ID & PW is not allowed.
Article 20 (Prohibition)
The User shall not perform any of the acts specified in Exhibit 2 in relation to use of the Service.
Article 21 (Management of Wireless LAN Device)
- The User shall maintain the Wireless LAN Device necessary for accessing the Service at his/her own cost and responsibility.
- In view of the fact the Service uses a radio link in a public place, the User shall give his/her full attention including but not limited to implementing appropriate security measures for the Wireless LAN Device at his/her own cost and responsibility.
- In case the User is not able to use the Service or incurs damage by a third party, the Company shall not bear any responsibility or respond to any claim for return or reduction of the fee.
Chapter 6 Suspension of Service
Article 22 (Suspension of Availability of Service Caused by User)
The Company may suspend the availability of the Service if:
- (1) The User does not pay the fee or other obligation (not limited to the obligation under the Service Agreement) to the Company even after the due date,
- (2) The User performs any act that causes, or may cause, a considerable impediment to the Company's operations or the Company's telecommunications facilities, or
- (3) The User performs any act that may cause a considerable impediment to the Company's operations in relation to the Service or the Company's telecommunications facilities
Article 23 (Limitation of Liability)
- If the Company did not provide the Service for reasons attributable to the Company in cases where the Company should have provided the Service, the Company shall respond to the User's claim for damages only if the situation in which the Service became unavailable throughout all of the Coverage Area (including situations in which significant hindrance arises to the Service and therefore the Service is practically not available at all. The same applies hereafter.) continues to exist for more than 24 hours from the time the Company became aware of such situation.
- The scope of damages in the case of the preceding paragraph shall be calculated according to the time during which the Service was not available throughout all of the Coverage Area for the User (limited to multiples of 24 hours). In addition, the scope of damages set forth in the preceding paragraph shall be limited to actual and general damages to the User and the total amount shall not exceed the equivalent of fees for the time during which the Service was not available at all throughout all of the Coverage Area. The Company shall have no obligation to compensate for damages exceeding such amount under any circumstances.
- The provisions of the preceding two paragraphs shall not apply in cases where there is willful intent or gross negligence by the Company.
Article 24 (Exemption of Liability)
- The Company makes no warranty on any matters including but not limited to the completeness, accuracy, reliability, usability or any other item of information, etc. obtained by the User through the Service and does not assume responsibility for damage caused due to the information, etc.
- Notwithstanding the other provisions of the Service Agreement, the Company shall not assume any liability for damages arising from acts of God, accidents, network failures of uncertain cause or other forces majeure. In addition, regardless of the presence or absence of predictability of the Company, the Company shall not be liable for damages of any kind for damage caused due to special circumstances, lost profit or indirect damages unless there is gross negligence or willful intent by the Company.
- Even if modifications, replacement or configuration changes, etc., of a Wireless LAN Device is required due to a change in the Service Agreement, the Company shall not bear the cost of doing so.
- In addition to the cases explicitly prescribed in the preceding Article and these Terms of Use, unless there is willful intent or gross negligence by the Company, the Company is not obligated to compensate for damage to the User, nor to reduce or return the fee.
Chapter 7 Termination of the Service Contract
Article 25 (Termination of the Service Contract)
- If the Company knows that the User no longer meets the acceptance requirements of the application for the Service Agreement determined by the Company, the Service Agreement shall automatically terminate without any indication of intent by the Company.
- In the event that a the User desires to use the Services after the expiration or termination of the Service Agreement, the User shall re-apply for the Service Agreement.
- The provision of the preceding paragraph does not guarantee that such application will be accepted by the Company.
- If the Service is discontinued by the Company, the Service Agreement shall automatically terminate.
Article 26 (Cancellation of the Service Contract by the Company)
The Company may terminate the Service Contract in the following cases:
- (1) When it is applicable to stop the use of the Service as stipulated in Article 22.
- (2) The user is in violation of this Agreement, or is recognized to pose a significant obstacle to the implementation of the Company's business on this Service.
Chapter 8 Handling of Personal Information
Article 27 (Use of Information for Distribution, etc.)
- When using the Service, the Company assumes that it is permissible to display information related to the Company, Facility Managers, Service Administrators, and Event Information from other Third Parties on the screen of the web browser, including the login screen to the Service.
- When using the Service, the Company grants that the User may change the contents displayed on the screen of the web browser, within the minimum range required in order to view Event Information, etc. (but only a change to add the required information for the display related to Events Information.).
Article 28 (Use for Usage Analysis)
By combining User Information and Access History, the Company may analyze statistical information, including distribution of number of Users, Users' traffic line and the like (without limit to the statistical information within the Coverage Area), in a way where individuals cannot be identified and use it to deliver information. The Company may also provide such statistical information to Facility Managers and other third parties. The details shall be as set forth in Exhibit 3.
Article 29 (Acquisition & Termination of Use)
The User, even before the Service Contract ends, can stop the distribution of information or the acquisition of communication content of the web browser by not using the Service.
The Company, even after the Service Agreement terminates, shall use the probe information to analyze the usage status in a form that cannot identify individuals.
Article 30 (Handling of Personal Data)
- The Company shall handle personal data pertaining to users to the extent necessary for the purpose of use as set forth in the "Privacy Policy" in Exhibit 5.
- The Company, in addition to the provisions of this chapter, shall handle personal data in accordance with the User's User Information.
Chapter 9 Miscellaneous
Article 31 (Maintenance Responsibility)
The Company shall maintain conformity with the industry for Telecommunications Equipment regulations (1985 Posts and Telecommunications Ordinance No. 30) for the Company's Installed Electrical Communication Equipment.
Article 32 (Jurisdiction)
If the need for litigation in relation to the Service Contract between the User and the Company arises, the district court that has jurisdiction over the Company's head office shall oversee the first instance of exclusive jurisdiction of the courts.
Article 33 (Agreed Jurisdiction)
- This Agreement conforms to Japanese law, and shall be construed in accordance with Japanese law.
- This Agreement, described as Terms of Use in Japanese (hereinafter referred to as the "Japanese version of Terms") is considered an official text. Per this agreement, even though English Terms or Terms that have been translated into other languages (hereinafter referred to as the " Terms in Other Languages") have been created, published, or even presented, etc., it is assumed that Terms in Other Languages shall not have any effect; only the Japanese version of the Terms shall have any legal effect.
Date of Issue: January 12, 2016 Updated on: June 18, 2018 Updated on: May 15, 2020 Updated on: July 5, 2022
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Exhibit 1
- (1) Meteorological organizations
- (2) Flood control agencies
- (3) Firefighting agencies
- (4) Disaster relief organizations
- (5) Police agencies (including maritime security agencies)
- (6) Defense agencies
- (7) Institutions directly related to securing transport
- (8) Institutions directly related to securing communication
- (9) Institutions directly related to securing power supply
- (10) Institutions directly related to securing gas supply
- (11) Institutions directly related to securing water supply
- (12) Election management institutions
- (13) Newspaper publishers, broadcasters, news service agencies complying with the standards set forth in Exhibit 4
- (14) Financial institutions to perform banking service
- (15) State or local government agencies
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Exhibit 2
- (1) Acts that infringe, or may infringe, on the Company's, or a third party's, copyrights, trademarks or other intellectual property rights
- (2) Acts that infringe, or may infringe, on property, privacy or any right of publicity of a third party
- (3) Unfairly discriminating, insulting, or slandering others or encouraging unfair discrimination against others, or damaging the honor or trust of others
- (4) Acts that lead to, or are highly likely to lead to, crimes including, but not limited to, fraud, child prostitution, illegal transaction of savings accounts and mobile phones
- (5) Transmitting or displaying images, movies, sounds, or documents falling into obscenity, child pornography, or child abuse
- (6) Acts that lead to, or are highly likely to lead to, abuse of a controlled substance, or advertise unauthorized pharmaceuticals
- (7) Advertising of money lending without a registration to engage in money lending business
- (8) Engaging in, or soliciting, pyramiding sales (nezumi-ko)
- (9) Illegally rewriting or erasing information stored at the Company's facilities
- (10) Pretending to be someone else and using the Service
- (11) Transmitting or leaving in a state that allows others to receive harmful computer programs such as viruses
- (12) Sending spam (e-mail advertising or solicitation sent to others without authorization or e-mail inciting, or likely to incite, others toward a feeling of disgust in light of common sense
- (13) Operating Web sites that use spam to solicit customers
- (14) Obtaining e-mail or information from others by using the Service
- (15) Acts that interfere, or may interfere, with the use or operation of facilities of others or the Service
- (16) Having others engage in illegal gambling or soliciting others to participate in illegal gambling
- (17) Undertaking, mediating, or soliciting (including asking others) of illegal acts (including, but not limited to, the transfer of handguns, illegal manufacture of explosives, provision of child pornography, counterfeiting official documents, murder, intimidation)
- (18) Indiscriminate sending of cruel information such as images of murder, information such as images of killing or abusing animals, or other information significantly inciting in others a feeling of disgust in light of common sense
- (19) Inducing or soliciting others to commit suicide, or introducing means to commit suicide with a high risk of harming a third party
- (20) Encouraging unspecified persons to post information which leads to, or is highly likely to lead to, crime or illegal activity, or information unduly insulting or slandering others, or violating their privacy
- (21) Obtaining, or potentially obtaining, information such as user ID or password of others by using websites, e-mail etc., contrary to the intention of such persons due to a mistake of the persons to whom the information belongs to
- (22) Establishing a link to Web sites of third parties for the purpose of encouraging certain acts while knowing such acts fall under any of the preceding items, and
- (23) Other acts determined by the Company as violations of public policy or the rights of others
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Exhibit 3
Recommended advertising is a service where customer information such as sex, age, and location of termination is matched with advertiser's requests, after adequate anonymization, to deliver suited advertisements to individual customers.
Please see below for matching:
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Exhibit 4
The Company shall make the final decision whether the following criteria are applicable based on our research.
- (1) Newspaper publisher
A newspaper publisher that issues a daily newspaper complying with all of the following criteria;- Newspaper universally available for the purpose of reporting or discussing political matters, economic matters, cultural matters and other public matters
- The circulation for one title is at least 8,000.
- (2) Broadcaster
A person who has received a license for a broadcast station in accordance with the provisions of the Radio Law (Law No. 131 of 1950) - (3) News Agency
A news agency existing mainly for the purpose of supplying news (news or information (excluding advertisements) to be posted in a daily newspaper with all of the criteria of column 1 or to be broadcast by a broadcaster) to newspaper publishers or broadcasters
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Exhibit 5
Privacy policy
https://www.softbank.jp/privacy/contact/sb-policy/
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