This Agreement (hereinafter referred to as the "Terms") sets forth the conditions for the use of products and services (hereinafter referred to as the "Service") provided by EXYOSE Inc. (hereinafter referred to as "EXYOSE") between EXYOSE and the customers (hereinafter referred to as "Members") who use the Service.
【Agreement to the Terms】
Members must use the Service in accordance with the provisions of these Terms, and may not use the Service unless they agree to these Terms.
If a Member is a minor, the Service must be used with the consent of a legal representative, such as a parent or guardian.
If there are individual terms of use for the Service, the Member must use the Service in accordance with the provisions of the individual terms of use in addition to these Terms.
【Amendment of the Terms】
EXYOSE may change these Terms without prior notice. The amended Terms shall take effect from the time they are posted in an appropriate location within the Service. Use of the Service after the change to these Terms is deemed to constitute irrevocable consent to the change. We will not individually notify Members of the content of such changes. Please refer to the latest version of these Terms at any time when using the Service.
【Account】
Registration of Member information (account creation) is required to use the Service. Members must register true, accurate, and complete information and must update it to ensure it is always current.
If a Member registers authentication information when using the Service, the Member must strictly manage it under their own responsibility to prevent unauthorized use. EXYOSE may deem all acts performed using the registered authentication information to be the act of the Member themself.
Members registered for the Service may delete their account and withdraw at any time.
EXYOSE may suspend or delete an account that has been inactive for more than one year since the last use without prior notice to the Member.
All rights of a Member to use the Service shall cease to exist when the account is deleted for any reason. Account restoration is not possible even if a Member deletes the account by mistake.
Members shall not allow a third party to use, lend, transfer, change the name of, sell, pledge, or otherwise dispose of their authentication information.
If a Member becomes aware that their authentication information has been leaked or is being used by a third party, the Member shall immediately notify EXYOSE and follow any instructions given by EXYOSE.
【Privacy】
EXYOSE respects the privacy of Members, will appropriately handle Members' privacy information and personal information in accordance with the
Privacy Policy, and will exercise the utmost care in security to safely manage the information collected from Members.
【Service Provision】
Members must prepare the necessary personal computer, mobile phone, smartphone, other communication equipment, operating system, communication means, and electricity required to use the Service at their own expense and responsibility.
EXYOSE may change the entire or part of the content of the Service at any time without prior notice to the customer if EXYOSE deems it necessary.
EXYOSE may suspend the provision of all or part of the Service without prior notice to the Member in any of the following cases:
■When performing system maintenance or repairs
■When the provision of the Service becomes impossible due to force majeure events such as fire, power outage, natural disaster, war, riot, or labor dispute
■When a system failure occurs or when the system is overloaded
■When urgently required to ensure the safety of the Member or a third party, or for the public interest
■In addition to the items specified above, when EXYOSE reasonably determines it is necessary
【Advertisement Posting】
EXYOSE may post advertisements of EXYOSE or a third party on the Service.
【Third-Party Services】
The Service may include services or content provided by third parties other than EXYOSE. The responsibility for such services or content lies with the third party that provides them. In addition, such services or content may be subject to the terms of use or other conditions stipulated by the third party providing them.
【Prohibited Acts】
EXYOSE prohibits Members from performing the following acts in relation to the Service:
■Acts that violate laws, court judgments, decisions, or orders, or legally binding administrative measures
■Acts that may violate public order or good morals
■Acts of impersonating EXYOSE or a third party, or intentionally disseminating false information
■Acts of exchanging the right to use the Service for cash, goods, or other economic benefits by methods other than those specified by EXYOSE
■Acts of providing benefits or other cooperation to anti-social forces
■Acts of illegally collecting, disclosing, or providing other persons' personal information, registration information, usage history information, etc.
■Acts that interfere with the server or network system of the Service, acts of fraudulently operating the Service using BOTs, cheat tools, or other technical means, acts of intentionally exploiting defects in the Service, acts of making unreasonable inquiries or demands to EXYOSE (such as repeatedly asking the same question excessively), and other acts that interfere with or disrupt the operation of the Service by EXYOSE or the use of the Service by other customers
■Acts of reverse engineering, disassembly, or decoding the source code by other means for an improper purpose or manner
■Acts that aid or encourage any of the preceding items
■In addition to the items specified above, any act that EXYOSE reasonably deems inappropriate
【Member Responsibility】
Members shall use the Service at their own responsibility and shall be solely responsible for all actions taken and the results thereof within the Service.
If EXYOSE suffers any direct or indirect damage (including the burden of attorney's fees) due to the Member's use of the Service (including cases where EXYOSE receives a claim from a third party caused by such use), the Member must immediately compensate EXYOSE according to EXYOSE's claim.
EXYOSE may, without prior notice to the Member, take measures that EXYOSE reasonably determines to be necessary and appropriate, such as suspending the use of all or part of the Service, suspending or deleting the account, or terminating the contract between the Member and EXYOSE regarding the Service (including the contract based on these Terms; the same shall apply hereinafter), if the Member falls under or is likely to fall under any of the following items:
■If the Member violates applicable laws or these Terms or individual terms of use
■If the Member is a member of or related to anti-social forces
■If the Member damages the credibility of EXYOSE by using fraudulent means such as spreading false rumors, deceptive schemes, or force
■If the Member receives a petition for seizure, provisional seizure, or auction, or if a petition for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, or similar procedures is filed, or if EXYOSE otherwise reasonably determines that the Member's credit anxiety has occurred
■In addition to the items specified above, if the relationship of trust between the Member and EXYOSE has been lost, or if EXYOSE otherwise reasonably determines that the provision of the Service to the Member is not appropriate
【Warranty】
EXYOSE does not expressly or implicitly warrant that the Service is free from defects (including security-related defects, errors, bugs, or infringement of rights), nor does it warrant safety, reliability, accuracy, completeness, effectiveness, or suitability for a specific purpose. EXYOSE is not obligated to remove such defects and provide the Service to the Member.
【Disclaimer】
EXYOSE shall not be liable for any damages incurred by the Member arising from the Service, except in cases caused by the willful misconduct or gross negligence of EXYOSE. However, if the contract between the Member and EXYOSE regarding the Service constitutes a consumer contract as defined by the Consumer Contract Act (hereinafter referred to as a "Consumer Contract"), EXYOSE shall not be liable for damages resulting from loss of profits or other damages arising from special circumstances due to EXYOSE's negligence (including gross negligence) in fulfilling its obligations or tort liability.
【Relationship with Laws】
If any provision of these Terms is deemed to be in violation of the Consumer Contract Act or other laws applicable to the contract between the Member and EXYOSE regarding the Service, that provision shall not apply to the contract with the Member to that extent. However, this shall not affect the validity of the other provisions of these Terms.
【Governing Law and Jurisdiction】
The authentic text of these Terms shall be the Japanese language, and the governing law shall be the law of Japan. The Nara District Court shall have exclusive jurisdiction in the first instance over any disputes arising out of or related to the Service between the Member and EXYOSE.
【Means of Contact】
EXYOSE will contact Members regarding the Service by posting in an appropriate location within the Service or on the website, or by other means that EXYOSE deems appropriate.
Members shall contact EXYOSE regarding the Service by submitting via the form below or by the method specified by EXYOSE.
End
Revised on December 1, 2023
EXYOSE Inc.
