Data Communication Equipment Rental Service Terms and Conditions These Terms and Conditions (hereinafter referred to as “these Terms”) apply to the [QR2WIFI] data communication equipment (mobile WiFi router devices) and related equipment rental service (hereinafter referred to as “the Service”) provided by Quick Iterate Co., Ltd. (Headquarters: 2-41-9 Sano, Adachi-ku, Tokyo, hereinafter referred to as “Party A”). These Terms are intended to define the rights and obligations between Party A and the customers (hereinafter referred to as “Party B”) using the Service. Please read these Terms carefully before using the Service.
Chapter 1 General Provisions
Article 1 (Application of Terms) These Terms are intended to define the rights and obligations between Party A and Party B in relation to the use of the Service and apply to all relations regarding the use of the Service between Party A and Party B. In addition to the content of these Terms, various regulations (Service descriptions, pricing plans, help, Q&A, guidelines, etc., hereinafter referred to as “Guidelines, etc.”) separately established by Party A on its website constitute a part of these Terms. In the event of any discrepancy between the content of these Terms and the Guidelines, etc., the Guidelines, etc. shall take precedence.
Article 2 (Confirmation Items) The Service is a rental service of communication equipment, and does not transfer the ownership of the communication equipment or the name of the telecommunication line use contract used to provide the Service to Party B (the customer). Party B understands and agrees to temporarily borrow the communication equipment from Party A (Quick Iterate Co., Ltd.).
Article 3 (Amendment of these Terms) Party A may amend these Terms without obtaining the consent of Party B for legitimate reasons such as instructions from telecommunications carriers, amendments to laws and regulations, and necessity for service provision. In such cases, Party A shall notify Party B in advance of the change, the content of the Terms after the change, and the effective date of the change by the method specified in Article 5 (Method of Notification). If Party A changes these Terms in this manner, Party B is deemed to have agreed to the said changes.
Article 4 (Change of Service Content) Party A may change the usage fees and other contents of the Service without obtaining the consent of Party B for legitimate reasons such as instructions from telecommunications carriers, amendments to laws and regulations, and necessity for service provision. In such cases, Party A shall notify Party B of the service content after the change by the method specified in Article 5 (Method of Notification), and the service content after the change shall apply thereafter (or from the effective date of the change if separately specified). By continuing to use the Service after such changes, Party B is deemed to have agreed to the said changes.
Article 5 (Method of Notification) Unless otherwise specified in these Terms, notifications from Party A to Party B shall be made by written document, email, telephone, posting on the website operated by Party A, or any other method specified by Party A.
Article 6 (Change of Customer Information) Party B shall promptly notify Party A of any changes in their name, contact information (telephone number, email address, etc.) after applying for the Service (including in the case of company mergers and splits). If Party B fails to notify as per the previous provision, any written document or email sent to Party B’s information before the change by Party A shall be deemed to have reached Party B at the time of sending. If Party B notifies as per the first provision, any written document or email sent to Party B’s information after the change by Party A shall be deemed to have reached Party B at the time of sending. No refunds will be made due to coverage area, speed, date, traffic conditions, or network outages of telecommunications carriers.
Article 7 (Application for Use) Party B’s application to use the Service requires prior consent to these Terms and the Privacy Policy separately established by Party A and is made by the method specified by Party A. Party A may not accept the application for the Service in the following cases. In such cases, Party A will notify the relevant Party B but will not be liable for the refusal and is not obligated to explain the reasons for the refusal.
There are reasonable grounds to believe that Party B is in violation of these Terms. There is a possibility that Party B will fail to pay debts related to the use of the Service. The application contains false facts. There is a possibility that the Service will be used illegally or against public order and morals. There is a possibility that Party B will damage the reputation of Party A or the Service. It is revealed that Party B is an antisocial force or has a relationship with an antisocial force. Party A judges it to be technically or operationally difficult. In other cases where it is reasonably judged that providing the Service is impossible or inappropriate.
Article 8 (Formation of Contract) Returns are accepted for all products without defects, as long as they are within the desired receipt date. Party A will bear the shipping costs for products with defects. However, if a good product is returned, the cancellation fee of 12,000 yen (excluding tax) will be deducted from the refund amount.
Article 9 (Rental Period of the Service) The rental period of the Service is calculated in days, from the start date (Japan Standard Time) to the end date (Japan Standard Time) of use. The specific period is determined by Party B during the service application process.
Article 10 (Shortening/Extension of Rental Period) Party B cannot shorten the rental period after the start date of use. Even if the terminal is returned before the end date of use, no refund of the usage fee will be made. Cancellation before the start date of use is free if the rented communication equipment has not been shipped. If the terminal has been shipped but canceled before the start date of use, a cancellation fee of 12,000 yen (including tax) per terminal will be charged, and the remaining amount will be refunded. For shortening of the rental period before the start date of use, the difference between the changed usage fee and the shortening usage fee will be refunded. All matters in this article must be processed by email. In this case, Party B must specify the applicant’s name, product name, and start date of use in the email. If Party B wishes to extend the rental period, please contact Party A by the day before the scheduled end date of the rental period. However, the extension application may be refused depending on the stock situation. Also, the conditions at the time of application will apply to the extended rental period.
Article 11 (Prohibition of Transfer) Without the written consent of Party A, Party B may not transfer, succeed, pledge, or dispose of all or part of the rights or obligations under the rental contract to a third party.
Chapter 2 Service Content
Article 12 (Service Content) Party B must return the rented equipment by noon the day after the designated rental period end date. If Party B fails to return it appropriately, they are obliged to return the equipment immediately. If the return is delayed from the return date, the full amount of the deposit fee will be charged. If the equipment is damaged, charges will be claimed from Party B depending on the condition of the returned goods. All payments related to the rental must be made by the date specified by Party A. If Party B fails to make the payment, Party A will take legal action to recover the said fees. The cost of such actions will be additionally charged to Party B. Party A is not responsible for damages or losses caused by accidents such as war, terrorism, riots, labor strikes, production stoppages, fires, volcanic eruptions, earthquakes, energy problems, etc.
Article 13 (Communication Conditions) Party A may immediately terminate this contract if it determines that any of the following applies: There is a high likelihood that Party B will fail to pay debts. The Service is used illegally or for acts against public order and morals. Party B uses the Service in a manner that may interfere with the use of the Service by others. Party B violates the obligations stipulated in these Terms. Bankruptcy, company reorganization, liquidation, civil rehabilitation proceedings are initiated. It is discovered that Party B is a member of an organized crime group, related to an organized crime group, or an antisocial force. In other cases where Party A judges that termination of this contract is necessary. If Party A terminates the use of the Service based on the previous provision, it will notify Party B in advance of the reason and the termination date of the Service. However, in emergency situations or other unavoidable cases, the Service may be terminated without prior notice.
Article 14 (Fair Use and Restrictions) The telecommunications carrier may suspend or restrict the use of communication devices loaned to the customer (Party B) in the following cases, in order to provide fair communication services to all users: Regardless of the amount of data transmitted, if it places an excessive load on the system. Other reasonable grounds for suspending or restricting communication. Party A shall not be responsible for any suspension or restriction of communication under the preceding paragraph unless it is due to reasons attributable to Party A. In addition, if the suspension or restriction is due to reasons attributable to Party B, Party A will not refund the service fees. Party B may request the resumption or lifting of restrictions on communication according to the procedures specified by Party A. Party A will resume service provision after necessary verifications and procedures. However, Party B agrees that resumption of use may be difficult due to technical or other reasons.
Article 15 (Service Fees) The service fees and other optional charges for this service will be the amounts indicated on the website at the time of application. They will be calculated based on the amount specified on the website, depending on the period of use. Service fees will be incurred regardless of actual data usage during the usage period. If payment of the service fee is not confirmed by the payment due date due to extension or other reasons, data communication of the communication device may be suspended, and an annual late fee of 14.6% may be charged. Party A may revise the service fees if necessary due to changes in taxes, public charges, economic conditions, etc.
Article 16 (Billing and Payment Method) Payment of service fees shall be made by credit card or other methods designated by Party A at the time of application. Party A may entrust the billing and receipt of payments, including the service fees specified in Article 15, Paragraph 1, to a third party based on the usage contract. If Party A cannot confirm payment at the time of application, Party B cannot apply for the service.
Chapter 3: Communication Devices
Article 17 (Delivery of Communication Devices) Party B shall receive the loaned communication devices by the method selected by Party B from among those specified by Party A at the time of application. Party B must inspect the received communication devices and notify Party A immediately if there are any defects or discrepancies in quantity. Party A shall not be liable for any damages arising from Party B’s failure to inspect and report, except for reasons attributable to Party A. Party A shall repair or replace the communication devices if defects are found.
Article 18 (Warranty of Communication Devices) Party A only guarantees that the communication devices will function normally at the time of delivery to Party B and does not guarantee suitability for any specific purpose of Party B, including other matters and properties.
Article 19 (Management of Communication Devices)Party B shall maintain and manage the communication devices with the care of a prudent manager and shall not engage in the following acts when using the communication devices: Transfer, resale, analysis, modification, alteration, damage, destruction, loss, contamination (sticking labels, cutting, coloring, etc.), or removal of attached labels. Acts violating the Telecommunications Business Law, the Mobile Phone Improper Use Prevention Law, or other laws. Other acts deemed reasonably inappropriate in light of the nature and purpose of the service. All acts involving the communication devices shall be considered the acts of the customer.
Article 20 (Loss, Damage, etc., of Communication Devices) In the event of loss, damage, theft, etc., of the communication devices, Party B must promptly notify Party A. In such cases, Party B is responsible for any communication charges incurred due to unauthorized use, regardless of notification. In the event described in the previous paragraph, unless due to reasons attributable to Party A, Party B shall pay Party A the penalty fee (the full amount of the deposit) related to the communication devices.
In case of loss or theft, a certificate from a Japanese police station or other public authority must be obtained and presented to Party A.
Article 21 (Return of Communication Devices and Termination of Service) Party B shall return the rented communication devices (including optional devices) to Party A in their “original condition” within two days (the postmark of the day after the end of the rental period is valid) using the enclosed return envelope. If the return envelope is lost, Party B shall send or bring the devices to Party A at their own expense.
Late fees will be incurred from the day after the effective postmark date of the end of the use period. Late fees will be charged to Party B after the goods are returned. If the devices are not delivered to Party A within 10 days of the contract end date, they will be considered lost, and the full deposit will be charged. Any penalties paid will not be refunded even if the rented communication devices are returned later.
“Original condition” means that all items, including data communication devices, accessories, and optional devices received from Party A, are undamaged and in complete condition as at the time of receipt. If Party B’s personal items are mixed in with the returned goods, Party A will dispose of them. Party A is not responsible for any loss or damage during return shipping.
Chapter 4: Customer Responsibilities, etc.
Article 22 (Compliance Items, Terms and Prohibitions)Party B agrees to comply with the following when using the service: The use of information obtained through the network is at the responsibility of Party B. Party B shall not sublease the service to a third party without the consent of Party A. Party B’s personal information may be disclosed if requested by judicial authorities or other public institutions. The use of communication devices may be processed as statistical information that does not identify individuals and provided to Party A, telecommunications carriers, or third parties with Party B’s consent. All data communications will be considered the communications of Party B. Party B shall comply with the terms and conditions of Party A and the regulations and usage conditions of telecommunications carriers. In the event that Party A transfers the business related to this service to another party, Party B agrees that their status, rights, and obligations under this agreement, as well as their personal information and other necessary information, will be transferred to the transferee in connection with the business transfer. Party B shall not engage in the following acts when using the service: Acts that infringe on the intellectual property rights, privacy, or portrait rights of others. Discrimination, slander, defamation, obstruction of business, fraud, or other criminal acts. Transmission, recording, or posting of child pornography, child abuse, or obscene images and sounds. Drug crimes, abuse of regulated drugs, advertising unapproved medicines. Illegal promotion of lending businesses, pyramid schemes, chain sales transactions. Illegally altering or deleting other people’s websites. Illegal sharing of ID information, impersonating others. Spreading computer viruses. Illegal transmission of advertisements, promotions, solicitations. Encouraging gambling or illegal activities. Providing benefits to antisocial forces. Acts contrary to public order and morals. If these prohibited acts are violated, Party A may suspend the use of the service and take legal action as necessary.
Article 23 (Service Delay and Suspension) Party A may suspend the service in the event that Party B falls under any of the following: If there is a suspicion of improper use of the Wi-Fi router and an investigation is necessary. If the payment of the service fee or other obligations is not confirmed even after the payment due date. If it is discovered that false information was provided in the application for the service. If the continuation of the service is difficult or likely to be difficult due to a failure in communication equipment, server failure, fire, power outage, natural disaster, or other force majeure. If an abnormality or malfunction occurs in the server or related systems associated with the service, affecting the smooth operation of the service. If the acts specified in Article 22 are carried out. If ordered to suspend the provision of the service by the telecommunications carrier. If there is a reasonable reason to temporarily suspend the service. Party A shall not be responsible for any measures taken based on the preceding paragraph unless due to reasons attributable to Party A.
Article 24 (Service Usage Restrictions) In the following cases, the communication devices loaned by Party A may not be available: If the use of communication equipment by telecommunications carriers is restricted. If telecommunications carriers limit communication services or other services for operational or technical reasons. In cases of video streaming, online gaming, online downloading/updating of OS, software, apps, VOIP, FTP, etc., regardless of the amount of data transmitted, if it places a heavy load on the communication lines of Party A or local telecommunications carriers. If you find any abnormalities during the use of the service, please contact Party A immediately. Party A will take appropriate measures. However, communication may not be possible or may be slow during the specified usage period, and in such cases, service fees will not be refunded. The performance of the Wi-Fi router may vary depending on the connected devices and software, and individual differences in the devices themselves, and it is not guaranteed to operate normally in all environments. Party A shall not be responsible for any communication disruptions specified in the preceding paragraph unless due to reasons attributable to Party A.
Article 25 (Compensation for Damages) The user (Party B) shall compensate the provider (Party A) for any damages caused due to reasons attributable to the user related to the use of this service. If the user fails to pay the service fees or other debts within a specified period, the use of the service will be suspended, the contract will be considered terminated, and a penalty will be charged. However, if Party A incurs damages exceeding the amount specified in the previous clause, Party A is entitled to claim the excess amount. In such cases, the user must promptly return the communication equipment and other items to Party A.
The user shall resolve at their own responsibility and expense any damages caused to third parties related to the use of this service or in case of disputes with third parties, unless such reasons are attributable to Party A. Regardless of whether the reasons are attributable to Party A, if Party A is held responsible by other users or third parties, the user shall resolve such disputes at their own responsibility and expense, indemnifying Party A from all responsibilities and compensating Party A for any incurred expenses.
Article 26 (Termination of the Service Contract) Party A may immediately terminate the service contract if the user (Party B) falls under any of the following conditions:
Fails to fulfill contractual obligations or if there is a clear risk of such failure. Uses the service in an illegal or immoral manner, or if there is a clear risk of such use. Uses the service in a manner that significantly impedes the service, or if there is a clear risk of such use. Violates the obligations stipulated in this agreement. If bankruptcy or other legal insolvency proceedings are initiated. If involvement with antisocial forces is identified. Other significant reasons that make the continuation of the contract difficult. In such cases, Party A will notify the user of the reason and the date of termination in advance. However, in urgent or unavoidable situations, Party A may proceed without notifying the user.
Article 27 (Disclaimer) Even during the period of use of this service, if the user connects to the communication network in ways not recommended by Party A through communication terminals, international data roaming charges and other communication fees may be incurred. In such cases, Party A is not responsible unless the reasons are attributable to Party A. Party A is not liable for any damages incurred by the user due to force majeure, major network disruptions, or other reasons not attributable to Party A. However, if such difficulties are due to reasons attributable to Party A, compensation will be provided in accordance with this agreement.
Article 28 (Subcontracting) Party A may subcontract all or part of the tasks necessary for providing this service, and the user (Party B) agrees to this in advance.
Article 29 (Confidentiality) The user shall treat as confidential any non-public information disclosed by Party A related to this service, unless Party A requests otherwise or has given prior written consent.
Article 30 (Governing Law and Jurisdiction) The laws of Japan govern this service and this agreement. In case of any disputes related to this service or agreement, the Tokyo District Court or the Tokyo Summary Court shall be the exclusive agreement jurisdictional court of the first instance.
Article 31 (Prepaid SIM) Party A sells prepaid SIM cards to the user (Party B). Due to the nature of prepaid SIM cards, cancellations after shipping are not allowed. However, this does not apply in cases of incorrect shipment of prepaid SIM cards. The provisions of Articles 1, 3 to 8, 11, 13, 14, and 23 to 30 of this agreement shall apply mutatis mutandis to prepaid SIM cards.