Common Terms of Service

Article 1 (Application)

1. These Terms of Use shall apply to all relationships related to the use of each service between the customer and the Company.
2. In addition to these Terms of Use, the Company may establish various rules and regulations regarding the use of each service (hereinafter referred to as "Individual Terms"). These individual terms and conditions may have different names. These Individual Terms shall constitute a part of this Agreement, regardless of the name by which they are called.
3. In the event of any inconsistency between the provisions of these Terms and Conditions and the Individual Terms and Conditions set forth in the preceding paragraph, the provisions of the Individual Terms and Conditions shall prevail unless otherwise specified in the Individual Terms and Conditions.

Article 2 (Definitions)

The definitions of terms used in this Agreement are as follows

• (1) "User" means all customers who use each service (including "Member" as defined in the next item).
• (2) "Member" refers to a user who has agreed to and accepted all of the terms of this Agreement, who has applied for membership registration in accordance with the procedures specified by the Company and has been approved by the Company, and who has entered the required information separately specified by the Company for each purchase of goods or services without membership registration and has been approved by the Company.
• (3) "Products, etc." means products or services provided by the Company through each service.
• (4) "Console" refers to a website with functions that allow members to set up, register, and view devices, characters, backgrounds, AI services, profiles, and insights that they have set up or purchased for each service.

Article 3 (Modification of Terms)

1. The Company may modify the Terms, in whole or in part, as appropriate, without obtaining the prior consent of the user, by notifying or informing the user of the modification of the Terms, its content after modification, and when the modification will take effect.
2. In the event that all or part of the Terms of Use are modified, the modified Terms of Use shall apply to the subsequent use of each service, and users shall comply with the modified Terms of Use. In the event that a user uses a service that has been changed after the notice or notification described in Paragraph 1, the user is deemed to have accepted the changes.

Article 4 (Use of Each Service)

Users shall use each service in accordance with laws, regulations, rules, notices, these Terms of Use, and other rules and regulations separately stipulated by the Company.

Article 5 (Member Registration)

1. When a user wishes to register as a member, the user shall apply for membership by setting and entering his/her name, company name, telephone number, e-mail address, and password from the membership registration page of each service in accordance with the method separately designated by the Company, and, when purchasing products, etc. through each service, the address, name, telephone number, and company name. In registering as a member, the user must provide true and accurate information to the Company.
2. If the user's application based on the preceding paragraph is made using a personal computer, tablet terminal, or smartphone, the Company may deem the application to have been completed when the user presses the membership registration button. The Company will review the application for membership registration to determine if there are any reasons for rejecting the application as described in the next section, and upon notification of completion of the registration to the applicant, a contract for use of each service in accordance with the various provisions of this agreement will be established between the applicant and the Company.
3. The Company may reject the application described in Paragraph 1 if any of the following conditions apply
   (1) If it is found that the prospective member falls under any of the reasons specified in Article 7, or has engaged in prohibited activities specified in Article 14 of the Terms of Use in the past.
   (2) In any other cases where the Company reasonably determines that it is inappropriate for the Company to approve the application from the standpoint of the operation and management of each service.

Article 6 (Change of Registered Information)

1. In the event of any error or change in all or part of the information registered with the Company, the user shall change the registered information without delay in a manner designated by the Company.
2. The Company shall not be liable for any damages resulting from a user's failure to make the changes to the registration information as described in the preceding paragraph.

Article 7 (Suspension of Use of Each Service and Other Measures)

In the event that a user falls under any of the following items, the Company may, without prior notice, suspend the user's use of any of the services, terminate the user's membership, or take any other action the Company deems appropriate.

• (1) If it is found that the user has violated the terms and conditions of any service provided by the Company in the past and has had his/her membership registration cancelled.
• (2) In the event that the registered information is found to contain falsehoods.
• (3) In the past or at present, the member has not paid fees or other charges for any service provided by the Company (including, but not limited to, the member has not paid fees or other charges to a third party in connection with a payment method separately recognized by the Company), as well as in the event that the Company has not received the goods, etc. for a long period of time without justifiable reason, refusal of return or exchange, or other default of obligation is found to have occurred.
• (4) If it is found that the customer has, in the past or at present, committed any of the prohibited acts set forth in Article 16 of these Terms and Conditions or has otherwise violated any of the terms and conditions set forth by the Company (including, but not limited to, these Terms and Conditions).
• (5) In the event of suspension of payment or insolvency, or in the event that a petition is filed for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings.
• (6) When a user dies, or when a trial for the commencement of guardianship, conservatorship, or assistance is initiated.
• (7) If the user is a minor, an adult ward, a person under curatorship, or a person under assistance and has not obtained the consent of a legal representative, guardian, conservator, or assistant.
• (8) If you have not responded to our inquiries or other communications requesting a response for 30 days or more
• (9) If you are a member of a crime syndicate, has not passed 5 years since he/she ceased to be a member of a crime syndicate, a company related to a crime syndicate, a general meeting house, a socially motivated group, a special intelligence group or any other similar group (hereinafter collectively referred to as "anti-social forces"). If the Company determines that the person is a person who is involved in the operation, maintenance, or management of antisocial forces through the provision of funds or other means, or is involved in any interaction or involvement with antisocial forces.
• (10)When the Company deems it necessary for the operation and maintenance of each service.
• (11)When the Company deems that there are other reasons similar to the preceding items.

Article 8 (Discontinuation of Each Service)

The Company may discontinue all or part of the provision of each service under this Agreement. In this case, the Company shall notify the customer at least three months prior to the scheduled date of discontinuance by means provided by the Company.

Article 9 (Withdrawal Procedure)

1. Members may withdraw from each service through the procedures prescribed by the Company.
2. Withdrawal of a member's membership will be reflected from the first day of the month following the month in which the withdrawal is made.
3. Regardless of the cancellation during the contract period or the number of days or frequency of use, all fees for the contract period stipulated by the Company shall be paid in full, and if any fees have already been paid, the Company will not refund them to the member regardless of the reason for cancellation.

Article 10 (ID and Password)

1. Members shall be responsible for the strict control and safekeeping of their ID (e-mail address) and password that they set up for each service.
2. Members shall not transfer, sell, succeed, lend, disclose, or divulge their IDs or passwords to any third party, except with the prior consent of the Company.
3. If a member discovers that his/her ID or password has been used illegally by a third party, the member shall immediately notify the Company and follow the Company's instructions, if any.
4. Any use of each service by a member's ID shall be deemed to be the act of that member, and that member shall be fully responsible for that act of use and its consequences.
5. The Company shall not be liable for any damages resulting from insufficient management of a member's e-mail address or password, errors or mishandling in their use, or unauthorized use by a third party.

Article 11 (Use of Personal Information)

The Company shall handle personal information of members obtained by the Company in connection with the use of each service in accordance with the "Personal Information Protection Policy", Privacy Policy, etc. separately stipulated by the Company.

Article 12 (Services to be Provided)

The Company shall provide the following services as part of each service

• (1) Member use of the console
• (2) Cross-search across each service
• (3) Browsing information on each service
• (4) Browsing links from each service

Article 13 (Use of Console)

Members may use the console prescribed by the Company for each service for which they have registered.

Article 14 (Disclaimer)

1. In the event that the Services provide links to other websites or resources, or links from third party websites or resources to the Services, we shall not be responsible for the content, use, or results (including but not limited to legality, validity, accuracy, certainty, security, currency, and completeness) of such linked sites. In the event that the Company reasonably determines that the content of a linked website or resource is illegal or inappropriate for the management and operation of each service, the Company may remove the linked website or resource without requiring any notice to the user.
2. In the event that there are transactions (including but not limited to participation in promotions such as sweepstakes) with advertisers or advertisements in each service, users shall conduct transactions with such advertisers at their own discretion and responsibility, and the Company shall not be held liable for any such transactions. The Company does not guarantee the contents and conditions of any transactions, including payment for products, determination of contract terms, guarantees, collateral liability, and the existence of licenses, etc. The Company shall not be liable for any damages incurred by members as a result of transactions conducted via advertisements or promotions posted in each service.
3. The Company shall not be liable for any damages incurred by users as a result of the suspension or interruption of the provision of each service.
4. In the event that a dispute arises between users or between a user and a third party with regard to each service, the user shall notify the Company of the dispute and settle it at his/her own responsibility and expense. The Company shall have no obligation to be involved in such disputes and shall assume no responsibility whatsoever.
5. The Company shall be deemed to have fulfilled its obligations by processing affairs in accordance with the member's registration details, and shall be exempt from liability for any damages incurred by the member if the member's registration details differ from the facts.
6. Regardless of default liability, tort liability, or any other legal cause of claim, the scope of the Company's liability for damages to users in connection with each service shall be limited to ordinary damages actually incurred by the user as a direct result of a cause attributable to the Company or a violation of these Terms of Use or individual terms and conditions by the Company. The amount of damages shall be limited to ordinary damages actually incurred by the user as a direct result of an event attributable to us or a breach by us of these Terms of Use or individual terms and conditions, and the amount of damages shall not exceed the amount paid for the product or other goods specified in the individual sales or use contract between us and the user. In no event shall we be liable for damages arising from reasons not attributable to us, damages arising from special circumstances whether or not foreseen by us, or lost profits.

Article 15 (Backup)

Users shall be responsible for storing the same data, etc. as backups of data, etc. provided and transmitted between the Company and users in each service, and the Company shall not be liable for the storage, preservation, backup of such data, except when the Company provides services related to backup of data, under individual terms and conditions. Except in cases where we provide services for backup of data, etc. under the individual terms, we assume no responsibility for storage, preservation, backup, etc. of such data, etc.

Article 16 (Prohibited Matters)

Users shall not engage in any of the following acts. In the unlikely event that a user violates this prohibition and causes damage to the Company or a third party, the user shall be held responsible for compensating the Company or the third party for all damages.

• (1) Actions that cause or may cause annoyance, disadvantage, or damage to other users, third parties other than other users, or the Company.
• (2) Actions that infringe or may infringe intellectual property rights such as copyrights, portrait rights, personality rights, privacy rights, publicity rights, or other rights or interests of other users, third parties other than other users, or the Company.
• (3) Use of each service for business, advertising, publicity, solicitation, or any other commercial purpose (except with the prior written consent of the Company).
• (4) Actions that violate or may violate laws and regulations, court judgments, decisions or orders, or legally binding administrative measures, including actions that are offensive to public order and morals.
• (5) Registering information that contains false or misleading content.
• (6) Acts of using content obtained through each service (including but not limited to images, text, designs, logos, images, programs, ideas, information, etc. provided by the Company in each service) by users outside the scope of the purpose of providing each service (except when there is prior written consent from the Company)
• (7) Reproduction, sale, publication, distribution, publication, and similar acts of content obtained through each service by other users or through third parties other than other users (except with the prior written consent of the Company).
• (8) Acts of allowing a third party to use or dispose of the right to use each service or data by means of lending, exchanging, transferring, changing the name of, buying and selling, pledging, collateralizing, or otherwise, other than as stipulated by the Company.
• (9) Collecting, accumulating, or storing personal information of other users.
• (10) Uploading computer viruses, computer code, files, programs, or other content designed to interfere with, destroy, or limit the functionality of computer software, hardware, or communications equipment or transmitting such contents via e-mail or other means to the Company, users of the Services, or other third parties
• (11) Excessively returning merchandise
• (12) Acts that excessively overload the Company's servers or network systems
• (13) Acts that obstruct or may obstruct each service
• (14) Acts of impersonating the Company, other users or other third parties
• (15) Acts of using the membership information of other users
• (16) Acts of providing benefits to antisocial forces
• (17) Any other actions that the Company reasonably deems inappropriate, such as damaging or destroying the Company's credibility

Article 17 (Late Payment Charges)

If a member fails to complete payment for a product or other item by the deadline specified in the individual sales or use agreement, the Company may charge a late payment fee of 0.04% of the amount paid per day. However, this does not apply if the delay is due to reasons attributable to the Company.

Article 18 (Intellectual Property Rights)

1. All intellectual property rights in the Content provided through each Service belong exclusively to the Company or to persons who have granted licenses to the Company, and the Company's permission to use each Service to the Users is only for use in accordance with the purpose of each Service and under the conditions of use set forth in each Service, and is not intended to transfer or grant such rights similar to ownership rights that may be freely used, earned, or disposed of by the Users. The license does not transfer or grant any rights similar to ownership rights that allow the user to freely use, profit from, or dispose of the service.
2. In the event that any user is found to have committed any act prohibited by domestic or foreign copyright laws or other laws and regulations, such as unauthorized duplication, unauthorized reproduction, or other unauthorized secondary use of the Company's content, regardless of the purpose, the Company may immediately take legal action in addition to measures such as suspension of use in accordance with Article 7.
3. In the event of a dispute arising from a user's violation of the provisions of this Article, the user shall resolve the dispute at the user's own responsibility and expense, and shall not cause any damage, loss, or disadvantage to the Company.

Article 19 (Management of Information)

1. The Company, at its discretion, shall be free to use all or part of the contents transmitted by the user in connection with each service on the Company and the sites affiliated with the Company.
2. The Company shall not require any payment from the user for the use of the content stipulated in the preceding paragraph.
3. The Company will collect the following information regarding the access history of users for the purpose of investigating access history and usage conditions of users or for the purpose of improving services to users. Cookies (a technology that temporarily writes data to a user's computer through a web browser to record and store the date and time of the user's last visit to the site, the number of times the user has visited the site, etc.) issued by the Company are used for the purpose of effective advertisement delivery. The Company will not collect personal information or use it for any other purpose.
   (1) Information related to the IP address or mobile device identification number of the user when accessing the server of each service
   (2) User access information obtained by the Company through cookies
4. Users agree in advance that if they set their web browsers to refuse cookies, their use of each service may be restricted.

Article 20 (Maintenance of Each Service)

1. In order to keep each service in good operating condition, the Company may temporarily suspend or discontinue all or part of the provision of each service without prior notice to users when the Company determines that any of the following items has occurred.
   (1) In the event of routine or emergency maintenance of the computer system used to provide each service (hereinafter referred to as the "System")
   (2) In the event of natural disasters such as fire, earthquake, flood, lightning, heavy snowfall, etc., which make it difficult to operate the System
   (3) When system operation becomes difficult due to social unrest such as war, civil war, terrorism, riot, or disturbance
   (4) System operation becomes difficult due to system malfunction, unauthorized access from third parties, computer virus infection, etc.
   (5) When requested by a governmental or judicial agency based on legitimate grounds
   (6) When we are unable to receive appropriate service from our contracted telephone company, transportation company, or provider
   (7) When there is a reason that the Company is technically unable to respond to the request
   (8) In any other cases where we deem it necessary to suspend or discontinue the system.
2. The Company shall not be liable for any damages incurred by the user as a result of the Company's actions described in the preceding paragraph.

Article 21 (Confidentiality)

1. Except with the prior written consent of the Company, the User shall treat as strictly confidential the information designated by the Company as confidential by the Company in relation to each service, and shall use such information only for the purpose of using each service and shall not disclose or divulge such information to any third party.
2. Whenever requested by the Company, the User shall, without delay and in accordance with the Company's instructions, return or dispose of the information described in the preceding paragraph, the documents and other recorded media items containing or recording said information, and all copies thereof.

Article 22 (Outsourcing)

The Company may outsource all or part of each service it provides to Users to a third party.

Article 23 (Method of Communication)

1. Communications from the Company to users regarding each service shall be made by posting notices in appropriate places within each service or on the websites operated by the Company, or by other methods deemed appropriate by the Company.
2. Communication from users to the Company concerning each service shall be made by sending an inquiry form to be placed in an appropriate location within each service or the website operated by the Company, or by any other method designated by the Company.

Article 24 (Assignment of Rights and Obligations)

1. Users may not, without the prior written consent of the Company, assign, succeed, pledge, or otherwise dispose of their rights or obligations under the Terms of Use or their status under the service use agreement for each service to a third party.
2. In the event that the Company transfers the business of each service to another company, the Company may transfer the position in the service use contract, rights and obligations under the Terms of Use, and member information to the transferee of such business transfer, and the user agrees to such transfer in advance in this section. The business transfer stipulated in this paragraph shall include not only ordinary business transfers, but also company splits and any other cases in which business is transferred.

Article 25 (Severability)

If any provision of these Terms and Conditions or any part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws or regulations, such determination shall not affect the other parts of these Terms and Conditions, and the remaining parts of these Terms and Conditions shall remain valid and enforceable.

Article 26 (Resolution)

1. In the event that a problem arises regarding the use of any of the Services that cannot be resolved through these Terms of Use or the Company's guidance and response, the Company and the user shall discuss and resolve the problem in good faith between the Company and the user.
2. These Terms of Use shall be governed by and construed in accordance with the laws of Japan, and if a lawsuit becomes necessary in connection with the use of any of the services, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.

Supplementary Provisions: These Terms and Conditions shall apply to all users as of January 1, 2020.