Starlink Japan, GK (located at: Twin City S 3F Chuo Rise Across Group, 14-7 Tamagawa 2-chome, Setagaya-ku, Tokyo, Japan) (known as “Starlink” in these Terms) offers a Starlink antenna, Wi-Fi router and mount (“Starlink Kit” or “Kit”) to you, the customer, subject to these Starlink hardware commitment terms (“Hardware Commitment Terms”) and the standard consumer service terms for Japan found here (“Standard Terms”). These Hardware Commitment Terms, the Standard Terms, the policies incorporated by reference (including the Starlink Specifications), and the details you agree to in your order (“Order”) form the entire agreement (“Agreement”) between you (“customer” or “user”) and Starlink.
Applicability. These Hardware Commitment Terms apply to your Order and Services if you selected the 12-month hardware commitment at checkout at www.starlink.com or through an authorized retail channel, or have otherwise selected the 12-month hardware commitment and received a Starlink Kit free of charge. In the event the Hardware Commitment Terms apply to your Order, and conflicts with other terms in the Agreement, including the Standard Terms, these Hardware Commitment Terms control.
12-Month Hardware Commitment. By selecting the 12-month hardware option commitment and completing your Order, you agree to continuously subscribe to the Services specified in your Order and in accordance with the Standard Terms for a minimum of 12-months (“12-Month Hardware Commitment”). The 12-month period begins at the earlier of (i) the date you activate the Starlink Kit; or (ii) 30 days after Starlink ships your Starlink Kit (“Payment Due Date”) and ends 12-months after that date (“Hardware Commitment Period”). Starlink will transfer title to the Starlink Kit and any accessories to you at the time of delivery.
Shipping and Handling. Shipping and handling charges will apply, will be displayed in your Order and are non-refundable Please consult your Starlink account for an estimate of delivery times. Deliveries may require signature. Starlink will use the carrier of its choice.
Change Fee. During the Hardware Commitment Period, if you take any action to change the Services specified in the Order, a XXX change fee will be immediately applied to your current payment method (“Change Fee”). This Change Fee is entirely based on the value of the Starlink Kit you received free of charge as part of the 12-Month Hardware Commitment. Your actions that trigger the Change Fee include but are not limited to cancelling a Service plan, changing to a different Service plan, changing your Service address, and transferring the Services or Kit to another person. The Change Fee will also be applied if, during the Hardware Commitment Period, you fail to pay any fee for Services by the due date specified on the invoice, or Starlink terminates this Agreement for a breach of your obligations under this Agreement. The Change Fee will be reduced by an equal amount each month over the Hardware Commitment Period. For example, the Change Fee in any given month is equal to the Change Fee multiplied by the number of months remaining in Hardware Commitment Period divided by 12.
Taxes, Fees, Surcharges. In addition to charges for the Services, the Starlink Kit, and any accessories you buy, we may collect or request reimbursement for taxes and other fees and surcharges required by law, including, without limitation, value added, goods and services, consumption, sales, use, gross receipts, excise, and access. In accordance with applicable law, you are also responsible for any additional government fees, rights of way charges, license or permit fees, and any other duties, charges or surcharges imposed on the sale or use of the Services or Starlink Kit.
Software Updates and License Terms. Software copies and updates installed on the Starlink Kit are not sold, only licensed to you personally (on a non-exclusive, non-transferable, limited and revocable basis), for use as installed on the Starlink Kit and subject to Software License and Usage Terms, and restrictions that Starlink posts on the Starlink Customer Portal. Starlink reserves all intellectual property rights and other rights and interests in the Starlink Kit, the Services, and the software, and grants no license, except as expressly granted in this Agreement.
Outside Region Fee. A Starlink Kit activated outside of the region it was originally purchased or delivered may be subject to an "Outside Region Fee." Due to foreign exchange volatility and local taxes, the amount of the Outside Region Fee may be subject to slight variation. Additional details can be found in the Starlink FAQs, including a map showing countries by region.
Kit Install Guidelines. You are responsible for the installation of the Starlink Kit in a location that has a clear field of view of the sky, per the Starlink App and the Install Guide available in the Starlink Customer Portal. You shall not modify the Starlink Kit in a manner (including cosmetic/paint changes) that contradicts the Install Guide or would otherwise alter the transmission characteristics of the equipment, including placing the antenna under a cover/radome, unless approved by Starlink. At Starlink’s sole discretion, if we determine that your installation or modification of a Starlink Kit has resulted in a material degradation of the Service or equipment, the equipment Limited Warranty may be voided. Should use of the Services require any construction or alteration to your property, Starlink is not obliged to reimburse any expenses or restore your property to the same physical state as prior to delivery of Services. If you require a permanent roof or vehicle mount installation, you acknowledge the potential risks associated with this type of installation, including, without limitation, with respect to any warranty that applies to your roof, vehicle, vessel for penetration of the membrane. Follow the Install Guide. If you cannot safely install the Starlink Kit, do not install it and seek professional assistance.
Kit Install Authorizations. It is your responsibility to ensure compliance with all applicable building codes, zoning, ordinances, business district or association rules, covenants, conditions, restrictions, lease obligations and landlord/owner approvals and requirements for the installation of the Starlink Kit, to pay any associated fees or other charges, and to obtain any permits and other authorizations necessary for the Services and the installation of the Starlink Kit.
IN-MOTION USE PROHIBITED FOR UNDESIGNATED KITS AND COUNTRIES. YOU ARE PROHIBITED FROM INSTALLING OR USING A KIT ON A MOVING VEHICLE OR VESSEL UNLESS STARLINK HAS DESIGNATED YOUR SPECIFIC KIT MODEL AND/OR MOUNT FOR IN-MOTION USE AND HAS OBTAINED ALL REQUIRED IN-MOTION APPROVALS IN THE COUNTRY OF USE. NOTWITHSTANDING THE FOREGOING, USE OR INSTALLATION OF A KIT ON AN AIRCRAFT OF ANY KIND IS PROHIBITED IN ALL CASES WITHOUT STARLINK’S PRIOR WRITTEN CONSENT (WHICH WOULD INCLUDE SIGNING NEW OR ADDITIONAL TERMS AND CONDITIONS WITH STARLINK). SERVICES IN-MOTION ON AN AIRCRAFT, VEHICLE OR VESSEL (e.g., CARS, VANS, RVs, BOATS) VIA AN UNAUTHORIZED KIT OR COUNTRY IS PROHIBITED, WILL VOID THE LIMITED WARRANTY OF YOUR KIT, AND MAY BE GROUNDS FOR TERMINATION OF YOUR AGREEMENT WITH STARLINK PER SECTION 5.6 OF THESE TERMS. Visit Starlink FAQs for a description of the Starlink Kit models designated for in-motion use.
Kit Installation on Moving Vehicles. For Kits and mounts designated for in-motion use, you agree and are responsible for taking proper precautions for ensuring that the equipment mount is installed on a structurally sound, horizontal surface. You acknowledge that equipment falling into the road or off a vessel due to poor installation practices can cause serious accidents resulting in bodily injury. You shall not mount a Starlink Kit on any vehicle or vessel if it is not stable, or if it cannot be properly secured as described in the Install Guide and used with the proper mount designed for in-motion use.
Kit Return and Full Refund. If you exercise your right to return the Kit during the initial trial period specified in Section 6.3 of the Standard Terms or any applicable statutory right of withdrawal, a Change Fee will not be applied.
Conclusion of 12-Month Hardware Commitment. At the conclusion of the Hardware Commitment Period, or your payment of the Change Fee, the Hardware Terms will no longer apply to the Order. For clarity, the Standard Terms will continue to apply for the duration of your Services.
Limited Warranty. The Starlink Kit and Services are subject to the following Limited Warranty.
DISCLAIMERS. EXCEPT AS SET FORTH IN SECTION 7.1 (LIMITED WARRANTY), TO THE EXTENT PERMITTED BY LAW, STARLINK PROVIDES THE STARLINK KIT AND SERVICES “AS IS,” WITHOUT ANY EXPRESS WARRANTY, CONDITION OR REPRESENTATION. STARLINK DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATIONS OF LIABILITY. STARLINK WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE, INDIRECT DAMAGES, LOSS OF GOODWILL OR BUSINESS PROFITS, LOST REVENUE, WORK STOPPAGE, LOSS OR CORRUPTION OF DATA, COMPUTER FAILURE, DATA SECURITY BREACH, MALFUNCTION OR ANY LOSSES OR DAMAGES RESULTING FROM THE KIT INSTALLATION, REPAIR, REMOVAL, OR OTHER ASSOCIATED SERVICES. STARLINK’S LIABILITY UNDER THESE TERMS FOR ANY INDIVIDUAL CLAIM OR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO STARLINK UNDER THESE TERMS OVER THE SIX MONTHS PRECEDING THE CLAIM GIVING RISE TO THE LIABILITY. THE LIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO ANY CLAIMS OR DAMAGES ARISING OUT OF OR RELATED TO THE AGREEMENT, SERVICES OR STARLINK KIT, INCLUDING ANY PUNITIVE DAMAGES, REGARDLESS OF WHETHER STARLINK WAS INFORMED OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND REGARDLESS OF WHETHER CLAIMS ARE ASSERTED BASED ON CONTRACT, STATUTE, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER LEGAL OR EQUITABLE CLAIM OR THEORY PROVIDED, EXCEPT IF AND TO THE EXTENT THAT ANY LIMITATION VIOLATES APPLICABLE MANDATORY LAW THAT THE PARTIES CANNOT DEROGATE FROM BY WAY OF CONTRACT. (NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, THIS CLAUSE 7.3 SHALL NOT APPLY TO ANY LIABILITY ARISING OUT OF THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF STARLINK OR ITS REPRESENTATIVES OR EMPLOYEES.)
ASSUMPTION OF RISK. YOU AGREE THAT YOUR USE OF THE SERVICES AND THE STARLINK KIT, AND SUCH USE BY ANYONE USING YOUR ACCOUNT, IS AT YOUR SOLE RISK. SERVICES ARE NOT SUITED OR INTENDED AS A MISSION-CRITICAL OR SAFETY-OF-LIFE SERVICE.
Recourse. Starlink reserves all legal rights and remedies to pursue monies owed because of your breach of your 12-Month Hardware Commitment. This may include the referral of your account to a collection agency or the filing of a report with a credit reporting agency, consistent with applicable law.
Modified Terms. To the extent you are provided a statutory right of termination, for example, due to a modification to this Agreement, you will not be charged the Change Fee. However, Starlink is entitled to require that you return a Starlink Kit you received free of charge or at a reduced price. If you do not return such a Kit in these circumstances, Starlink may charge your payment method for the XXX price of the kit, subject to the proration methodology described in Section 3.
For Services provided to, on, or in orbit around the planet Earth or the Moon, this Agreement and any disputes between us arising out of or related to this Agreement, (“Disputes”) will be governed by and construed in accordance with the laws of Japan, and subject to the exclusive jurisdiction of the Tokyo District Court for the first trial. For Services provided on Mars, or in transit to Mars via Starship or other spacecraft, the parties recognize Mars as a free planet and that no Earth-based government has authority or sovereignty over Martian activities. Accordingly, Disputes will be settled through self-governing principles, established in good faith, at the time of Martian settlement.