App for VoIP calls to regular phone numbers in Japan and worldwide

Service Contents

1. This service makes use of the "My 050" forwarding gateway device (hereinafter "GW") provided by the Company to assign a 050 IP telephone number and establish a connection between the 050 IP telephone service and My 050 app (hereinafter "App") by means of the GW. When using the App to call PSTN and other lines, the call first terminates in the GW before the connection.
2. Users can use the service by methods stipulated by the Company.
3. Use of the service requires installing the App specified by the Company. This App is a dedicated voice call application designed to operate on specific versions of iOS and Android operating systems stipulated by the Company. The operating systems on which this App can be used are limited to those stipulated by the Company.
4. Minors shall subscribe for the service only with the consent from their parent or guardian.
5. To use the service users shall provide the Company with the following information.
   1. Full Name;
   2. Date of birth;
   3. Nationality;
   4. Address;
   5. A valid identification document;
   6. E-mail address.
6. Obtaining a 050 IP number requires authentication of the individual applicant through the following documents specified by the Company: the front and back sides of the Residence Card (Zairyu Card) for foreign nationals and the front and back sides of the Driver’s License or the front side of My Number Card for Japanese nationals and the Residence Certificate (JUMINHYO) for all nationals. (If the applicant is not a resident of Japan, they should submit a copy of their valid passport (including pages with their photo and visa and/or entry stamp), a local ID displaying their permanent address in their home country, and a selfie holding their passport next to their face.)
   To prevent the fraudulent acquisition of 050 numbers, customers are required to send their residence certificate to the company by post after completing the eKYC process.
7. The Company only grants licenses to use the App but not to sell it.
8. Use of the service requires an Internet connection.
9. The user’s device, network conditions or Internet speed connection, and other factors may affect sound quality.
10. Before depositing money into the account, after configuring the App, users should conduct an incoming and outgoing call test with their own device and network to test the connection and audio quality.
11. Data transfer charges will apply when installing and using the App over the carrier's data network. We recommend subscribing to a flat-fee data transfer plan.
12. The App may contain information useful to users pertaining to the Company’s services, services of other companies, notifications about products or services, sales promotions, surveys, and giveaways.
13. The Company may not approve the application in the following cases.
    1. When the user neglects or is likely to neglect payment of fees and other expenses.
    2. When the service related to the user has been suspended or the service contract has been canceled.
    3. When the user declares false information in the application.
    4. When the police determine that it is necessary for the Company not to accept a contract application in order to prevent criminal activity, the police request the Company not to accept the contract application in a prescribed manner.
    5. When there is a significant hindrance to the execution of the Company's business related to this service.

Usage fees and payment method

1. The user shall pay packet usage and data rates when downloading and using the App.
2. Users shall bear usage fees listed on the Company web site for use of voice calls. Call length is used as a basis for computing usage fees. This time is based on calculations made by the Company’s equipment, and users shall pay fees for the time computed. When rates change, the Company shall announce new rates on its web site. Rates listed on the Company web site apply for usage fees after the change.
3. The aforementioned usage fees shall be deducted after each voice call from the amount deposited into the user’s Brastel account. Users shall recharge their Brastel account before the use of the service.
4. To obtain a 050 number, the user shall pay a one-time application fee of 550 yen (tax included) and a maintenance fee of 550 yen (tax included) which will be charged every six months. Once billed, these fees are not refundable even if the user cancels the service before the end of the six months.
   During the first eight days of the My 050 number subscription, known as the 'trial period,' there will be no deductions for the application fee or 050 number maintenance fee. However, if the user deposits funds into his account during this 'trial period' and then decides to cancel his subscription within these initial 8 days, the deposited balance will not be eligible for a refund.
5. The aforementioned application fee together with the first maintenance fee will be deducted from the customer's Brastel account balance on the 9th day after the application is validated and a 050 number is obtained. Each subsequent maintenance fee will be deducted from the customer's Brastel account balance at the end of every billing period of 6 months.
6. If there is no sufficient balance on the Brastel account the service will be unavailable. For the first seven days will be possible to receive calls to the 050 number, but all outgoing calls will be stopped. The service will be automatically restored if the payment of the Brastel account is made within seven days from the due date. If there is no payment after seven days, the service will be completely unavailable and the user will not be able to place or receive calls. If there is no payment after six months, the 050 number service will be cancelled.
7. The balance of your Brastel account cannot be refunded for any reason.

Intellectual property

1. All rights associated with the App, including ownership rights, intellectual property, etc. belong to Acrobits s.r.o., the developer of the App.
2. Excluding where explicitly authorized to do so, where infringing on the intellectual property rights (including copyrights) to images and information contained in the App, users may be subject to civil and/or criminal penalties.

Prohibitions

1. The Company forbids users from engaging in the following acts in connection with use of the Service.
   1. Using, or attempting to use, the 050 IP number by means other than those intended for and/or stipulated by the service (including but not limited to commercial use as an office telephone number, internal extension, or call center number);
   2. Modification, reverse engineering, decompilation, disassembly, or other equivalent alteration of the App;
   3. Engaging in acts that infringe on, or may infringe on, the intellectual property rights of other parties (including but not limited to patent rights, utility models, copyrights, design rights, and/or trademarks);
   4. Engaging in acts that infringe on, or may infringe on, the assets and/or privacy and/or right of other parties;
   5. Slandering other parties and/or discrediting or damaging their reputation;
   6. Illegal acts like fraud or disturbing business operations, and/or acts that instigate or incite the same;
   7. Acts involving or implicated in abuse of illicit and/or controlled substances, or with a high likelihood of inciting the same, and/or advertising unapproved drugs and/or equivalent products;
   8. Creating pyramid/Ponzi schemes or soliciting for the same;
   9. Altering and/or deleting information usable on the service;
   10. Using the service by impersonating another person;
   11. Acts that obstruct or interfere with, or run the risk of obstructing or interfering with, operation and/or use of telecommunication equipment of the Company and/or third parties;
   12. Posting links that promote or encourage an act in spite of knowing that said act corresponds to one of the items above;
   13. Allowing unspecified third parties to use the service without the express prior consent of the Company;
   14. Acts that, would cause or attempt to cause IDs and/or passwords and/or other information pertaining to an individual and/or corporate user to be obtained without their consent through use of web sites, telephone calls, e-mail, or other means, or due to misconduct of individuals or corporations to which the information belongs.
   15. Acts violating public order and morals, and/or acts that the Company deems grossly infringe on the rights of others;
   16. Other acts not explicitly listed in the preceding items but violating laws, statutes, or regulations (including guidelines based on consultation with the corresponding authorities), and/or acts equivalent to those items above.

Service interruption

1. The Company reserves the right to interrupt the service (refers to where the service is temporarily unusable), in whole or in part, in any of the cases below.
   1. Where performing periodic maintenance and/or inspections of the computer systems used for the service;
   2. Where computer or network failure causes interruption of the service;
   3. Where a fire, natural disaster, power outage, or force majeure renders continued operation of the service impossible;
   4. Any other cases the Company deems it appropriate for temporary interruption.
2. When according to the terms of the preceding paragraph temporarily interruption of the service, whether in whole or in part, occurs, the Company shall notify its users by means that include but are not limited to posting on the Company’s web site. The above may not apply in the event of emergency or unavoidable circumstances.
3. The Company waives all liability for damages to users as a cause of measures taken by the Company, except where willfully or in gross negligence.

Suspension of use of service

1. Where any of the below applies to a user, the Company may suspend use of the service.
   1. Where a user is discovered to have impersonated another party when obtaining a 050 IP number;
   2. Engaging in acts listed in the paragraph entitled "Prohibitions";
   3. When the police determine that it is necessary to suspend the use of personal information in order to prevent criminal acts, etc., the Company receives a request from the police to suspend the use of personal information in accordance with a prescribed method.
   4. Other acts the Company deems unsuitable user conduct.
2. When suspending use of the service per the terms of the preceding paragraph, the Company shall notify the service user in advance of said suspension. The above may not apply in the event of emergency or unavoidable circumstances.
3. In the case of Clause 1 paragraph III, the Company may notify the police of the information (name, address, etc.) related to the user in accordance with the provisions of laws and regulations.
4. Except where willfully or in gross negligence, the Company waives all liability for damages sustained by users due to acts of the company.

Termination of service

1. If there is an insufficient balance in a customer’s account to collect application and/or maintenance fees, the customer’s 050 number will be temporarily deactivated, and the customer will not be able to make or receive incoming calls. If the My 050 number remains deactivated for six months, the My 050 Number will expire permanently. Once the My 050 number expires, the customer will need to apply for a new Brastel account if they require a new 050 number. However, if there is any outstanding balance associated with the previous number, no application for a new number will be accepted until this balance is cleared.
   Alternatively, the My 050 number can be canceled via My Account during the trial period or when it is active. Even after the 050 number expires, the customer will still be able to place outgoing calls and use other Brastel services as long as the Brastel account is valid (within one year from the last paid call or transaction) and has remaining credit on it.
2. Where an individual’s use of the service is suspended per the terms of the paragraph entitled, “Suspension of use of service,” and where the circumstances for said suspension continue without resolution, the service usage agreement shall be terminated.
3. Where any of the items listed in the paragraph entitled “Prohibitions” apply to a user and said fact is deemed to cause excessive obstruction of the Company’s business, regardless of the terms of the preceding paragraph, the Company may terminate the service usage agreement without a temporary suspension of use of the service.

Warranty limitations

1. The Company and other companies involved in the service make no warranty on the following items.
   1. That use of the service does not cause error or fault to user devices;
   2. That the service is error- or fault-free;
   3. The persistence or continuity of the service;
   4. The authenticity or functionality of items related to advertising companies and/or products;
   5. That the service meets the requirements of users;
   6. That the service is free of interruption and/or errors;
   7. That the audio quality expected by users is obtained through the service;
   8. That push notifications sent through use of the service always arrive as intended;
2. Users consent, at their sole discretion, to use of the service provided by the Company.

Disclaimer

1. The Company does not involve itself with users and/or user devices, and waives all liability for effects or damages sustained to users’ devices by use of the App.
2. The Company does not involve itself in communications and/or activities between users. Disputes arising between users and/or between a user and a third party shall be resolved between said parties; the Company waives all responsibility for resolving said disputes.
3. The Company reserves the right to terminate provision of the service. The Company waves all liability to users and/or third parties for termination of the service.
4. The Company waives all liability for damages to users and/or third parties for changes to or termination of the App.
5. Even where failure or problems to the App occur for unexpected reasons, the Company waives all liability.
6. The Company waives all obligation to conduct surveillance and/or checking and/or storage of the contents of communications.
7. The Company shall bear no responsibility or duty to advertising companies.
8. The Company waives all liability to users and/or third parties, including but not limited to lost opportunity and suspension of business (including indirect damages and/or lost profits), irrespective of whether the cause was foreseen or could have been foreseen.
9. The terms of this paragraph shall not apply where the Company acts willfully or in gross negligence.
10. The Company does not disclose the reasons for the results of the examination for obtaining a 050 IP number. Additionally, regardless of the examination results, we do not refund the expenses related to obtaining personal identification documents.

Inquiries / Notifications

1. Messages and/or notification from users to the Company, including but not limited to service inquiries, and messages and/or notification from the Company to users, including but not limited to notifications about major changes, shall be conducted by means of announcements on the web site and/or other means stipulated by the Company.

User obligations

1. In using the App and the technology used in said App, users recognize that they may be subject to the terms of the Foreign Exchange and Foreign Trade Act, and/or United States Export Administration Regulations, and/or other export regulations of other countries, and shall strictly observe said regulations and not transfer, export, or reexport the App and/or its services to prohibited countries subjected to export sanctions, and/or trade-restricted corporations.
2. Users shall not use the App and/or its services for the development and/or manufacture and/or use of weapons stipulated in the Foreign Exchange and Foreign Trade Act, including but not limited to weapons of mass destruction, regular weapons, and other weapons, including nuclear weapons.
3. In addition to the terms of the preceding paragraph, users shall use the App in compliance with the laws of their country of residence.