Terms of Use

General Provisions

Application of Terms of Use

These are the terms of use (“the Terms” or "Terms”) of the users for the supply of the Stork Mobile products and services (collectively, the “Services” or “Service”) provided eConnect Japan Inc. (“eConnect Japan”, “we” or “us”) that are binding and govern the relationship between the user (“you”) and us. If you do not wish to be bound by this Terms then please do not use Stork Mobile Services, Website, or App.

Change of Terms

We may change the Terms from time to time. If we change the Terms, we will notify the Users (defined below) of such change by announcing the change on the website (https://storkmobile.com/) or such other method as may be separately specified by us. After such notice, the Users shall be deemed to have consented to such change to the Terms by continuing using Stork Mobile Services.

Definitions

“Service(s)” or “Stork Mobile Service(s)” means the mobile internet communication service and all the related web applications provided by Us under Stork Mobile brand.

“User” means the individual who has opened an account with Stork Mobile and has or is about to use Stork Mobile mobile internet service with that account.

“eSIM” or “eSIM profile” in this Terms means a carrier profile for embedded Subscriber Identity Module (eSIM) that is conformed to the GSM Association standard.

“QR code” in this Terms means a QR code for Users to download and install an eSIM profile to their devices.

“Stork Mobile eSIM” means the eSIM offered by Us under Stork Mobile brand, that uses both roaming network and local mobile network for cellular data communication.

“Network Operator” or “Network Provider” in this Terms means each of the operator partners in whose networks the Stork Mobile SIM may be used by the User.

“Stork Mobile App” or “Stork Mobile Web App” means the proprietary software application offered by Us for Users for Stork Mobile Services.

“Top Up” or “Recharge” means the purchase of a Service by the User for additional data usage with the Stork Mobile eSIM.

Services

Service Description

Stork Mobile eSIM only allows for cellular data service as defined by the Global System for Mobile Association (GSMA). All other services, including voice calls, SMS, and MMS cannot be made with the eSIM.

No Warranties

The User agrees that the Stork Mobile Service shall be provided on an “as-is” basis. To the extent permitted by law, we disclaim all representations and warranties, whether express or implied, with respect to the Stork Mobile Service including, without limitation, any warranties of quality, consistency of Service, non-mistake, non-infringement of third party’s right, fitness for any particular purpose.

You acknowledge that mobile internet service is a form of wireless communication and operates on the basis of transmission of radio and signal frequencies. As such it can be interfered with by numerous external sources or by obstacles inherent in buildings or terrain and as such we cannot guarantee a perfect or error-free transmission, both in terms of quality or availability of the Service. Also, please note that the network operator in the country of use will be responsible for network coverage, quality and availability.

Stork Mobile Service is not fault-tolerant and is not designed or intended for use as on-line control equipment in hazardous environments requiring fail-safe performance, examples such as in the operation of nuclear facilities, aircraft navigation or aircraft communication systems, public transportation, direct life support machines, or weapon’s systems, in which the failure of the Services could lead directly to death, personal injury, or severe physical or environmental damage (“high risk activities”). Accordingly, we disclaim any express or implied warranty of fitness for high risk activities. User agrees that we shall not be liable for any claims or damages arising from or related to the use of Stork Mobile Service in high risk activities or similar applications.

With respect to the data usage or data remaining displayed on Stork Mobile app, it is calculated based on the information we obtain from Network Provider(s) and we shall not bear any responsibility in relation to the accuracy of the amount of data at any given time.

User Restriction

If a natural disaster, incident or any other emergency situation occurs or is likely to occur, we may restrict the provision of the Service in order to give priority to communications whose content are necessary for the prevention of or relief from calamities, for the securing of transportation, communications or electric power supply, the maintenance of public order or any other public interest.

If we detect any significant and/or continuous signal or transmission using a communication procedure or application which occupies the communication bandwidth, we may control the transmission rate and/or traffic of such signal or transmission by controlling the communication bandwidth allocated to such signal or transmission.

Rights

We reserve the right to choose our network operators and technology partners as we deem appropriate and to provide access to the Service in any manner we deem in the best interest of our business requirements. In this regard you hereby consent to us disclosing and using any of your personal data when required for the provision of the Service. Any such use of your personal data will be subject to the terms of our Privacy Policy.

The User, by making his/her first online purchase or Top Up transaction for a Stork Mobile eSIM, consents and authorizes us to automatically debit the credit card (or other authorized payment method) used for the first purchase or Top Up by the User for any future data plan purchases or Top Up of the same eSIM.

Disconnection of Transmission

We may disconnect the session with respect to Stork Mobile Service transmissions if we deem excess data communication has been performed in the same session.

Suspension

From time to time we may be required to upgrade, modify or maintain the Service. On such occasions the Service may be temporarily unavailable, however, we will do our best to keep such disruption to a minimum and notify you in advance when possible, including by sending a message and/or posting on our website.

We reserve the right to suspend the Service without giving you notice where:

  • we have reason to believe you are in breach of the Services conditions of usage or any of our policies notified to you on the Website.
  • you fail to provide us with the necessary information as required for satisfying a regulatory requirement in any jurisdiction you wish to travel to and use the Service.
  • we are obliged to comply with an order, instruction or request of any government, regulatory, or emergency services organization, or other competent administrative authority.
  • in order to prevent damage or degradation of our or our contracting party's network integrity which may be caused by you or anyone using your access.
  • for operational reasons or in an emergency or for security reasons.
  • a Network Provider suspends provision of telecommunication services to us.
  • a cloud service provider suspends provision of cloud services to us or to our Network Provider.

Discontinuation of Service

If there are unavoidable reasons (including but not limited to technical reasons), we may discontinue provision of the Service in whole or partially.

Monitoring

We may at our discretion disconnect your eSIM if we have reasonable cause to suspect fraudulent use of a credit card/debit card, your eSIM card or mobile phone using the Service. We reserve the right to check your card transaction for our Service as well as to monitor your data usage with Stork Mobile eSIM.

We may monitor the Service and disclose information gained from such monitoring in order to satisfy any law, regulation or other governmental request, to operate and administer the Service, or to protect us or our other customers. The disclosure is conformed to our Privacy Policy.

Account

The User shall make an account that has an effective email address to use the Stork Mobile Service. The Subscriber may make only one Stork Mobile account per email address, unless otherwise expressly provided in the Terms.

The User shall manage and protect the Log-in Password at the User’s own responsibility, and shall not lend, transfer, or license it to any third party and shall not use the Log-in Password for the profit of any third party. The User shall notify us immediately in the cases where the User discovers the unauthorized use of the Stork Mobile Account by a third party or the risk of such unauthorized use, or where the User loses information regarding the his/her Account (including but not limited to the Log-in Password), or such information is stolen by third party.

Accounts with unconfirmed email addresses will be deleted in 30 days.

For the protection of the User and per our data retention compliance, we reserve the right to remove accounts that are inactive for over 18 months from their last activity.

The User is responsible for any event arising from the use of his/her own Stork Mobile Account. If we suffer any damage arising from the use of the Stork Mobile Account, the User must compensate us for such damage.

The User may request the deletion of their account at any time by submitting a request to: support@storkmobile.com.

QR Code

A QR code can be used for one time only and the User cannot re-use it.

The User shall be fully responsible for the use and the management of the QR code and under no circumstances shall we be liable for any loss, expenses, or damages.

A QR code is valid for 1 year (365 days) from the day it was generated, unless otherwise expressly provided in the Terms. Japan Standard Time applies.

eSIM Profile

The User shall be fully responsible for the use and the management of the eSIM and under no circumstances shall we be liable for any loss, expenses, or damages.

Stork Mobile eSIM is valid for 1 year (365 days) from the day the last data plan or data top up was purchased for that eSIM, unless otherwise expressly provided in the Terms. Japan Standard Time applies.

Stork Mobile eSIM cannot be re-issued.

Stork Mobile eSIM registered to User’s account is non-transferable.

Compatibility

Stork Mobile eSIM only works on unlocked devices with eSIM capability running a certain version of Operating System. For the full list of the compatibility devices and OS versions, please check our Compatibility page. We shall not bear any responsibility in relation to the use of the incompatible devices.

It is required to set up the correct Access Point Name (APN) and the data roaming must be turned on in order to use Stork Mobile eSIM. We will not accept any liability for your failure to configure those settings.

Currency

The default transaction currency for Stork Mobile Services shall be US Dollars or the displayed currency at the point of sale.

Your Obligations

Use of Service

The User shall use the Service lawfully and in compliance with this Terms and that you are responsible for all use of the Service including data charges incurred to you for using the Service.

The User shall be responsible for all use of the Services including but not limited to terminal devices, its proper configuration and installation, compliance with any regulations and applicable instructions issued either by us or the supplier of the terminal device. The preparation activities for using the Service, including but not limited to preparing and installing the eSIM, setting adequate protocols, as well as all relevant activities in support of the implementation of the Service shall remain the User’s responsibility.

Terminal Device

The User shall be responsible for ensuring that your mobile device is compatible with the Services that you purchase from us. This may include ensuring that your handset is 'unlocked' and is compatible with the network type and the frequencies used in the country where you wish to use it. The quality of the Service is also dependent on the quality of the mobile device. The choice of mobile handset is solely yours.

Contents

The User is solely responsible for any and all content, information and communications transmitted using the Service.

Regulatory Compliance

The User must only use the Services in accordance with all applicable laws and regulations of your home nation, the country in which you reside, or the country in which you are present whilst using the Service. We will not accept any liability for your failure to comply with those laws or regulations.

The use of the Services outside of Japan (roaming network) may be subject to different laws and regulations that apply. We will not accept any liability for your failure to comply with those laws or regulations.

Confidentiality

The User shall keep all information confidential about the Stork Mobile’ technical, management and any other non-public information acquired by using Stork Mobile Service and shall not use such information except for the use of Stork Mobile Service; provided, however, that the User may disclose such information to the extent necessary to comply with any law or direction, regulation or order of a court, supervisory authority or any other public institution authorized to regulate the User.

Maintenance of Confidence

In using the Stork Mobile Service, the User shall not act in any way to lose the confidence of Stork Mobile and eConnect Japan.

Prohibited Acts

In addition to any other provision of the Terms, the User shall not:

  • use the terminal device in any way that is not in compliance with the technical standards established by the applicable laws and regulations equivalent to the Federal Communications Commission (FCC) rules or the CE Marking (CE Mark) for Radio Telecommunications Equipment;
  • use the terminal device not supported by Stork Mobile Service;
  • perform any act prohibited by the telecommunication carrier(s);
  • perform any act prohibited by the applicable laws and regulations in the countries where the User uses Stork Mobile Service;
  • use the Stork Mobile Service for child prostitution, viewing or acquiring child pornography or sending nuisance email or any other purpose that we regard as inappropriate;
  • assign, transfer, sublet or provide as collateral, or otherwise dispose of all or part of Stork Mobile Information;
  • use Stork Mobile Service for any product or service that infringes on our intellectual property rights;
  • file application of intellectual property rights based on the Stork Mobile Service;
  • attack our web server by using unauthorized access or a computer virus;
  • reverse engineer, decompile, reverse assemble or otherwise analyze the Stork Mobile Service;
  • let a third party perform any of the respective acts of the preceding paragraph (j); or
  • transfer any data plan, data top-up or eSIM purchased by the User to third party.

Cancellation and Refund

Cancellation Policy

To cancel a data plan or a top-up after ordering and paying the pre-payment for it, you must inform us in writing, giving us your name, address and the order reference number. When the cancelation is accepted by us and it involves any amount of refund, we will process it within 30 days of the day you have given notice of your cancellation.

Refund Policy

We shall refund only when the eSIM Profile is used for the unlocked devices that are listed on our Compatibility page.

We shall not refund for the eSIM Profile and the associated data plan when it was deleted manually by the user by mistake.

We shall refund only when the data plan or the top-up you wish to cancel has a confirmed zero use status.

For data plans and top-ups that have been already used and is/was in use, we shall not, under any circumstances, be required to refund any data remaining (unused data) in any data plan or in any top-up purchased by the User. This shall not apply to the cases arising from our willful misconduct or gross negligence.

Limitation of Liability

If Stork Mobile Service and/or the accessorial services become unavailable due to any cause imputable to a third party (including but not limited to Network Provider(s) or cloud provider(s)), we shall not bear any responsibility in relation to such matter.

We shall not bear any responsibility for lost profits or costs arising out of the use of the Stork Mobile Service. The User shall not, under any circumstances, claim such lost profits or costs against us.

We do not and cannot control the quality of the Network Operator’s networks in which Stork Mobile eSIM may be used or interconnect with. Therefore, we disclaim any and all liability that may arise from the performance of the Network Operator’s networks.

In the case where the telecommunications facility or system is repaired or recovered, there is a possibility that information stored in the telecommunications facility or system may be altered or lost. We shall not bear any responsibility for damages arising from such alteration or loss, provided, that, this shall not apply to any damage arising from our willful misconduct or gross negligence.

Miscellaneous

Posting this Terms

We will post the latest Terms of Use on Stork Mobile website (https://storkmobile.com).

Governing Law and Legal Compliance

This Terms shall be governed by Japanese law and shall be subject to the jurisdiction of the Japanese Courts, Tokyo District Court being our first exclusive agreement jurisdiction court.

Despite the governing law provided above, you may be subject to various rules, regulations and laws which may also apply to you in the country in which you use the Services. You are required to obey those rules, regulations and laws.

Privacy Policy

We will specify the policy for processing Users’ personal information (the “Privacy Policy”), and post the Privacy Policy on Stork Mobile website.

Subject to the terms of our Privacy Policy we may be required to collect further personal information from you in order to satisfy our compliance with any legal or regulatory compliance requirement. If we request such information from you, you agree that you shall provide us with the requested information and not provide us with false or misleading information.

Intellectual Property

All intellectual property rights in Stork Mobile Services belong to Us. The purchase or use of such Stork Mobile Services by the User does not imply any transfer of intellectual property rights from Us to the User.

Terminating and rejecting relations with Anti-social Forces

The User acknowledges and agrees that, since eConnect Japan affiliates are Japanese companies, we must comply with the relevant rules, regulations and standards which purport to eliminate any relationship with “Anti-Social Forces” (meaning violent gangs, yakuza, mafia or other violent, blackmailing, or intimidatory groups or people who for political, religious or other ideological or economic purposes engage in anti-social activities or behavior including, but not limited to “Organized Crime Groups” or “Organized Crime Group Members” (as respectively defined in Article 2, items (ii) and (vi) of the Prevention of Unjust Acts by Organized Crime Group Members Act of Japan. The same shall apply hereafter.). As a part of such compliance, the User shall ensure that at all times it and its officers, employees and any shareholders in the User;

do not and will not have any relationship or connection with any Anti-Social Forces;

are not and will not become involved in any financial dealings with or provide any financial assistance to any Anti-Social Forces for any reason whatsoever; and/or

do not and will not employ, hire or otherwise engage any person who is a member of any Anti-Social Force or appoint such person to any directorship or officer position.

Severability

If any provision in this Terms is found to be invalid or unenforceable, then the meaning of such provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if not feasible.

Marketing

We may from time to time send you information about our other products and service updates. If you do not want to receive information about our other products and service updates you should contact us in writing at support@storkmobile.com.

We may compile and release information regarding you, as one of our users, and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis.