Terms of Use

Article 1 (Application)

These Terms of Use apply to all rights and obligations arising between the Company and Users in connection with the use of this Service.

In addition to these Terms, the Company may establish separate terms and conditions regarding the use of this Service (hereinafter "Individual Terms").

These Individual Terms, regardless of their specific title, shall constitute part of these Terms of Use.

Where any provision of these Terms conflicts with the above Individual Terms, the Individual Terms shall prevail, unless otherwise specified in the Individual Terms.

Article 2 (Registration)

2.1. Application for Registration

Prospective registrants shall access and use this Service, confirm and agree to the matters set forth in these Terms, and apply for registration in accordance with the method prescribed by the Company. The Company shall complete the registration process upon reviewing the user registration application and notifying the prospective registrant accordingly.

2.2. Approval and Discretionary Non-Approval

The Company may decline to approve an application without any obligation to disclose the specific reason, where the registrant falls under any of the following:

a) Submission of false information: Where false or inaccurate information was provided during the user registration application process.

b) Violation of Terms: Where the prospective registrant has previously violated any provision of these Terms.

c) Inappropriate registration: Where any of the following applies and the Company determines, regardless of the reason, that the registration is not appropriate.

• Use of the name of a non-existent person
• Where it is found that NFT artwork issued by the Company was purchased for resale purposes
• Any other case where the Company determines that the registration is not appropriate

Article 3 (Management of User ID and Password)

3.1. User Responsibility

Users shall manage their own User ID and password for this Service at their own responsibility. Users shall not transfer, lend, or share their authentication information with any third party. The combination of a User ID and password permits access to the registered user's account.

3.2. Limitation of Company Liability

Except where the Company has acted with intent or gross negligence, the Company shall bear no liability for any damages arising from unauthorized use of a User ID and password by a third party.

Article 4 (Sales Contract)

4.1. Formation of the Sales Contract

Under this Service, a sales contract is formed when a User submits a purchase application to the Company and the Company notifies its acceptance of that application. Ownership of the relevant product transfers to the User at the time the Company completes confirmation of payment.

4.2 Company's Right of Cancellation

The Company may cancel a sales contract without prior notice to the User in the following cases:

a) Violation of Terms: Where the User has violated any provision of these Terms.

b) Damage to trust: Where any of the following applies and it is determined that the relationship of trust between the Company and the User has been damaged.

• Where it is found that the User engaged in acts criticizing the Company via social media or other means
• Where the User has violated any of the Company's various terms and conditions
• Where a person who is not an employee of the Company has impersonated a Company employee to a third party
• Any other case where the Company determines that the relationship of trust has been damaged

Payment methods for this Service, cancellation procedures for purchase applications, return methods, and other related procedures shall be separately determined by the Company. For details on these matters, Users should refer to the specific guidelines provided by the Company.

Article 5 (Intellectual Property Rights Regarding the AI AVATAR Marketplace)

5.1 Ownership of Content

Copyrights and other intellectual property rights relating to product photographs and other content provided through this Service (hereinafter "Content") belong to the Company and other legitimate rights holders, including content providers.

5.2 Prohibited Acts

Users may not reproduce, reprint, modify, or otherwise make secondary use of Content without the express consent of the rights holder referred to in the preceding paragraph.

5.3 Compliance with Intellectual Property Laws

Users shall comply with applicable intellectual property laws and regulations regarding the use of Content.

The Company emphasizes the importance of intellectual property rights and notifies Users that the use of copyrighted works requires obtaining appropriate permission or a license. Users shall bear sole responsibility for any damages arising from their infringement of intellectual property rights.

Article 6 (Prohibited Matters)

When using this Service, Users are strictly prohibited from engaging in any of the following acts.

• a) Violation of laws and public order and morals: Acts that violate laws, regulations, or public order and morals.
• b) Criminal acts: Acts directly or indirectly related to criminal activity.
• c) Prohibition of business activity through false or exaggerated representation: Acts of explaining misleading or inaccurate content regarding this Service, or conveying false content different from the actual facts regarding this Service, or soliciting, marketing, or selling through exaggerated representations.
• d) Infringement of intellectual property rights: Acts that infringe copyrights, trademark rights, or other intellectual property rights related to this Service.
• e) Interference with servers or networks: Acts intended to destroy or interfere with the functions of the Company's servers or networks.
• f) Commercial use of Service information: Acts of using information obtained from this Service for commercial purposes without proper authorization.
• g) Disruption of the Company's Service: Acts that may interfere with the Company's operation or provision of this Service.
• h) Unauthorized access: Acts of unauthorized access to this Service, or attempts thereof.
• i) Collection of personal information: Acts of collecting or accumulating personal information or other data related to other Users without proper authorization.
• j) Impersonation: Acts of impersonating the Company or a third party.
• k) Support for antisocial forces: Acts of providing direct or indirect benefit or support to antisocial forces in connection with the Company's services.
• l) Using NFTs purchased from the Company for settlement with a third party or as payment in lieu of consideration.
• m) Other inappropriate acts: Acts that the Company, at its sole discretion, determines to be inappropriate.

Article 7 (Suspension of Provision of This Service, etc.)

7.1 Suspension of Service Provision

The Company may suspend or discontinue provision of all or part of this Service without prior notice to Users where it determines that any of the following circumstances applies:

a) Maintenance and system updates: When performing maintenance inspections or updates to computer systems related to this Service.

b) Force majeure events: When provision of this Service becomes difficult due to force majeure events such as earthquakes, lightning, fire, power outages, or natural disasters.

c) Accidental interruption: When a computer, communication line, or other related infrastructure stops due to an unforeseen accident.

d) Determination of difficulty: Other cases where the Company determines that provision of this Service is difficult.

7.2 Limitation of Liability

Regardless of the reason, the Company shall bear no liability for any disadvantage or damage caused to Users or third parties as a result of suspension or interruption of this Service.

Article 8 (Restriction of Use and Deregistration)

8.1 Restrictions on Use

The Company may, without prior notice, restrict a User's use of all or part of this Service, or cancel the User's registration, where any of the following applies:

a) Violation of these Terms: Where the User has violated any provision of these Terms.

b) Provision of false information: Where it is found that false information was provided in registered items.

c) Suspension of payment method: Where a credit card reported by the User as a payment method has been suspended.

d) Failure to pay: Where there has been a failure to fulfill payment obligations, such as non-payment of fees.

e) Inappropriate use: Where the Company determines that the User's use of this Service is not appropriate.

8.2 Limitation of Liability

The Company shall bear no liability for any damages suffered by a User as a result of measures taken by the Company under this Article. The Company shall take such measures in order to ensure the integrity, security, and proper functioning of this Service, and to enforce the conditions agreed to by Users.

Article 9 (Withdrawal)

9.1 Withdrawal by User

Users may withdraw from this Service at any time in accordance with the procedures established by the Company.

9.2. Effect of Withdrawal

Where a User withdraws from this Service, the User's access to and privileges relating to this Service shall terminate. The User agrees in advance that any remaining account balance, credit, or benefits may be forfeited in accordance with the applicable conditions.

Article 10 (Exclusion of Antisocial Forces, etc.)

The Company may terminate the contract relating to a User's use of this Service without any prior demand where the User falls under any of the following:

a) Where the User, or its officers, responsible persons, or persons who substantially control its management (hereinafter "Officers, etc."), constitute antisocial forces, etc.

b) Where it is found that the User or its Officers, etc. have a socially reprehensible relationship with antisocial forces, etc.

c) Where the User or its Officers, etc. have, by themselves or through a third party, interfered with the Company's business, or engaged in conduct that risks such interference.

d) Where the User or its Officers, etc. have, by themselves or through a third party, damaged or engaged in conduct that risks damaging the Company's honor or credibility.

e) Where the User or its Officers, etc. have, by themselves or through a third party, engaged in conduct that causes the Company to recognize that they or persons related to them constitute antisocial forces, etc.

2. The Company shall bear no liability whatsoever for any damages incurred by a User as a result of the Company's termination of the contract relating to use of this Service pursuant to the preceding paragraph.

Article 11 (Disclaimer of Warranties and Exemption from Liability)

11.1 Disclaimer

The Company makes no warranty, express or implied, with respect to this Service. The Company does not warrant that this Service is free from any actual or legal defects (including defects in safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security flaws, errors, or bugs, or infringement of rights).

The Company bears no responsibility whatsoever for errors or omissions in Content, or for the availability or functionality of Content. Where a User causes damage to a third party, or receives a complaint from a third party, in connection with use of this Service, the User shall handle and resolve the matter at their own responsibility and expense.

11.2 Limitation of Liability

The Company bears no liability whatsoever for damages incurred by a User in connection with use of this Service. However, this disclaimer shall not apply where the contract between the Company and the User relating to this Service falls under the Consumer Contract Act.

Furthermore, the Company bears no liability for damages arising from special circumstances that neither the Company nor the User could reasonably have foreseen, nor for damages arising from a breach of obligation or tort due to the Company's negligence (excluding gross negligence).

11.3 Interactions Between Users or Between Users and Third Parties

The Company bears no responsibility for transactions, communications, disputes, or other interactions arising between Users, or between Users and third parties, in connection with the Service. Users shall engage in interactions and transactions with other Users or third parties at their own responsibility, and the Company bears no liability whatsoever in this regard.

Article 12 (Changes to Service Content, etc.)

The Company may change the content of this Service or discontinue provision of this Service without notice to Users, and bears no liability whatsoever for any damages incurred by Users as a result.

Article 13 (Amendment of These Terms)

The Company may amend these Terms without notice to Users. Where a User begins using this Service after these Terms have been amended, the User shall be deemed to have agreed to the amended Terms.

Article 14 (Handling of Personal Information)

The Company shall appropriately handle personal information obtained through use of this Service in accordance with the Act on the Protection of Personal Information and the Company's "Privacy Policy."

Article 15 (Confidentiality Obligations)

The Company and Users shall not disclose or leak to any third party any technical information, business information, or any other information obtained in connection with this Service (hereinafter "Confidential Information") without the other party's prior written consent.

Article 16 (Notices or Communications)

Notices or communications between Users and the Company shall be made by the method prescribed by the Company. Unless a User has submitted a change notification in accordance with the method separately prescribed by the Company, the Company shall regard the currently registered contact information as valid and send notices or communications to that contact information, which shall be deemed to have reached the User at the time of transmission.

Article 17 (Prohibition of Assignment of Rights and Obligations)

Users may not assign or provide as security their status under these Terms, or any rights or obligations under these Terms, to any third party without the Company's prior written consent.

Article 18 (Governing Law and Jurisdiction)

18.1. Applicable Law

These Terms shall be governed by and construed in accordance with the laws of Japan. The application of the United Nations Convention on Contracts for the International Sale of Goods in connection with this Service is expressly excluded.

18.2. Court of Jurisdiction

For disputes related to this Service, the location of the Company's head office shall be the exclusive agreed jurisdiction for the court of first instance.