Terms of Use

These terms (hereinafter referred to as the 'Terms') govern the use of all products and services (hereinafter referred to as the 'Services') provided by AVAD Co., Ltd. (hereinafter referred to as 'the Company') by customers (hereinafter referred to as 'Customers') who use the Services provided by the Company.

Article 1 (Applicability)

1.1. These Terms are intended to establish the rights and obligations between Customers and the Company regarding the provision of the Services and the use of the Services, and apply to all relationships related to the Services between Customers and the Company.

1.2. In addition to these Terms, if there are separate contracts or terms (hereinafter referred to as 'Individual Contracts') regarding the Services, the Individual Contracts also constitute a part of these Terms. In the event of any conflict between the provisions of the Individual Contracts and these Terms, the provisions of the Individual Contracts shall prevail.

1.3. In the event of any inconsistency between the provisions of these Terms and explanations of the Services in places other than these Terms, the provisions of these Terms shall take precedence.

1.4. In the event that there are provisions of these Terms that do not apply to Customers at the time the Company grants permission to use the Services, such provisions shall apply from the time they become applicable due to future changes in circumstances.

Article 2 (Definitions)

In these Terms, the following terms shall have the meanings defined below.

2.1. 'Customer' refers to an individual, corporation, or organization that has applied for the use of the Services in accordance with the contents of these Terms and the procedures specified by the Company, and whose application has been accepted by the Company, as well as those to whom the Company has granted permission to use the Services.

2.2. 'Company Website' refers to the website operated by the Company.

2.3. 'Applicant for Registration' refers to a corporation, organization, or individual who wishes to use the Services and applies for registration or intends to apply for registration.

2.4. 'Content' refers to text, audio, music, images, videos, software, programs, code, and other information.

2.5. 'Provided Content' refers to the content that Customers can access through the Services (excluding the content referred to in 2.6).

2.6. 'Posted Content' refers to the content that Customers themselves post, send, store, or upload to the Services.

2.7. 'Individual Terms of Use' refers to documents distributed or posted by the Company under names such as 'Terms,' 'Guidelines,' and 'Policies,' separately from these Terms, regarding the Services.

Article 3 (Service Content)

3.1. For more detailed content and functions of the Services, please refer to the pages related to the Services on the Company's website. The Company may add, change, or delete the content or functions of the Services at any time.

3.2. The Site is primarily provided for entertainment purposes, and the Company makes no warranties regarding the truthfulness, accuracy, usefulness, suitability for specific purposes, legality, or other aspects of the information provided to users through the Site, information linked from the Site, or the content of advertisements. Therefore, the Company shall not be liable for any damages incurred by users due to the use of this information.

Article 4 (Agreement to the Terms)

4.1. Customers shall be deemed to have agreed to these Terms by actually using the Services.

4.2. If there are separate terms of use, Customers shall use the Services based on these Terms and the separate terms of use. In the event of any discrepancy between these Terms and the separate terms of use, the provisions of the separate terms of use shall take precedence.

4.3. The Company may change these Terms and separate terms of use at any time without prior notice to Customers if deemed necessary by the Company. The revised Terms and separate terms of use shall take effect from the time they are posted in an appropriate location on the Company's website, and Customers shall be deemed to have agreed to the revised Terms and separate terms of use by continuing to use the Services after such changes. The Company will notify Customers of such changes through methods determined by the Company (including email to Customers, posting on the Company's website, or other methods). Customers are advised to refer to the latest Terms and separate terms of use each time they use the Services following notification of changes to the terms.

Article 5 (New Registration)

5.1. The Company may determine whether to accept registration based on its criteria.

5.2. The Company may refuse registration if the applicant falls under any of the following reasons:

5.2.1. The Company determines that there is a risk of violation of these Terms.

5.2.2. If there are false statements, errors, or omissions in the registration information provided to the Company in whole or in part.

5.2.3. If the applicant has had their registration for the use of the Services revoked in the past.

5.2.4. If the applicant is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained consent from their legal representative, guardian, curator, or assistant.

5.2.5. If the Company determines that the registration is not appropriate for any other reason.

Article 6 (Changes to Registration Information)

6.1. Customers shall promptly notify the Company of any changes to their registration information through the method specified by the Company.

6.2. The Company shall not be liable for any damages incurred by Customers or third parties due to the Customer's failure to notify as described in the preceding paragraph.

Article 7 (Account)

7.1. Upon completion of registration by an applicant, the Company will issue a user ID and password (hereinafter referred to as the 'Account').

7.2. Customers shall be responsible for appropriately managing and safeguarding their Account related to the Services at their own risk, and shall not allow third parties to use, lend, transfer, change the name, sell, or engage in any other actions regarding the Account.

7.3. Customers shall bear responsibility for any insufficient management of the Account, errors in use, or use by third parties, and the Company shall not be liable for any damages incurred.

7.4. All actions taken using the Account after its issuance shall be deemed to be attributable to the Customer.

7.5. If the Company determines that the Customer falls under any of the registration refusal reasons defined in 5.2 or the prohibited matters stipulated in Article 14, the Company may, without prior notice to the Customer, delete the registration or all or part of the relevant information. The Company shall not be liable for any damages incurred by the Customer as a result of such deletion or removal.

7.6. If the Company determines, based on its criteria, that there is a possibility of the Customer's Account being used improperly, the Company may suspend the Account. In such a case, the Customer shall follow the procedures specified by the Company to have the suspension lifted. The Company shall not be liable for any damages incurred by the Customer due to the inability to use the Account as a result of such measures.

Article 8 (Usage Fees)

8.1. If the customer uses a paid plan (referring to features of the Service for which usage fees are specified), the customer shall comply with the usage conditions stipulated in the individual contract or agreement separately agreed upon with the Company.

8.2. Even in the event of termination or cancellation based on Article 16 (Termination or Cancellation by the Company), the Company shall not calculate pro rata usage fees or provide refunds. The customer shall pay the usage fees for the entire contract period to the Company regardless of the date of termination or cancellation.

Article 9 (Privacy and Personal Information Protection)

9.1. The Company shall respect the customer's privacy to the fullest extent.

9.2. The Company shall appropriately protect the customer's privacy information and personal information in accordance with the Privacy Policy published at (https://spaceblock.jp/privacy).

9.3. The Company shall take maximum precautions for security to securely manage information collected from customers.

Article 10 (Use of the Service by Businesses)

10.1. When using the Service for the customer's business purposes, the customer shall ensure that users of the Service in their business (hereinafter referred to as 'Users' in this Article 10) agree to these Terms of Service.

10.2. Users may use the Service under the management of the business operator.

10.3. If the customer, who is a business operator, terminates the use of the Service, the Company will also suspend the use of the Service by the Users after the termination date of the Service.

Article 11 (Use of Data)

11.1. Notwithstanding the provisions of the preceding article, the Company may use registration data and other data related to customers and users (excluding personal data) for the purpose of improving the quality of services provided or to be provided by the Company, providing information to customers regarding these services, and for other purposes specified in the Privacy Policy of the Company.

11.2. The Company may analyze the usage status of the Service or the situation of customers and users for statistical purposes and may publicly disclose the statistical results. However, care shall be taken to ensure that individual customers and specific individuals are not identifiable.

11.3. The Company may request feedback from customers regarding the use of the Service or obtain usage information from customers. Customers agree that the Company may use such usage information or feedback during and after the term of the Service Contract. However, the purpose of using such usage information or feedback is limited to the operation, improvement, promotion, and development of new services of the Service.

Article 12 (Outsourcing)

The Company may entrust all or part of the work related to the provision of the Service to a third party under its responsibility. In such cases, the Company shall manage the entrusted party with due care.

Article 13 (Ownership of Rights)

13.1. All tangible and intangible property rights, including intellectual property rights, related to the Service and the Company's website, belong to the Company or the licensor licensing the Company, and the Company shall not transfer or grant the Customer any right of use beyond that specified in these Terms of Service.

13.2. The Customer represents and warrants to the Company that they have the lawful rights to register or transmit the registration data and that the registration data does not infringe on the rights of any third party.

Article 14 (Prohibited Activities)

Customers shall not engage in or perform acts determined by the Company, either by themselves or through users, that fall under any of the following items when using the Service:

14.1. Acts that violate laws or relate to criminal activities

14.2. Fraudulent or coercive acts against the Company, other customers or users, or any other third party

14.3. Acts contrary to public order and morals

14.4. Acts that infringe upon the copyrights, patent rights, utility model rights, design rights, trademark rights, or other intellectual property rights (including the right to acquire these rights or file applications for these rights, hereinafter collectively referred to as 'intellectual property rights, etc.') of the Company, other customers or users, or any other third party, as well as acts that infringe upon rights such as portrait rights, privacy rights, honor, and other rights or interests

14.5. Sending information through the Service that falls under any of the following or is determined by the Company to fall under any of the following:

14.5.1 Information containing excessively violent or cruel expressions

14.5.2 Acts that interfere with the Service's servers or network systems, use viruses, bots, cheat tools, or other technical means to manipulate the Service fraudulently, intentionally exploit malfunctions of the Service, make unreasonable inquiries or requests to the Company, interfere with the operation of the Service by the Company or the use of the Service by other customers, or cause obstacles to these

14.5.3 Information containing expressions that damage the honor or reputation of the Company, other customers or users, or any other third party

14.5.4 Information containing excessively obscene expressions

14.5.5 Information containing expressions that promote discrimination

14.5.6 Information containing expressions that promote suicide or self-harm

14.5.7 Information containing expressions that promote inappropriate use of drugs

14.5.8 Information containing antisocial expressions

14.5.9 Acts that hinder the use of services such as nuisance comments, chain comments, chain emails, etc.

14.5.10 Information containing expressions that cause discomfort to others

14.6. Acts that excessively burden the network or system of the Service

14.7. Acts that may interfere with the operation of the Service

14.8. Unauthorized access to the Company's network or systems, or attempts to do so

14.9. Deciphering, decompiling, disassembling, reverse engineering, or other acts that infringe upon the rights of applications provided by the Company

14.10. Impersonating a third party

14.11. Acts of registering multiple customer accounts by the same corporation, organization, or individual without necessity

14.12. Using the accounts of other customers or users

14.13. Advertising, soliciting, or engaging in business activities on the Service without the prior consent of the Company

14.14. Collecting information about other users of the Service

14.15. Acts that cause disadvantages, damages, or discomfort to the Company, other customers or users, or any other third party

14.16. Acts of providing benefits to antisocial forces or similar groups

14.17. Acts that directly or indirectly induce or facilitate the acts in the preceding items

14.18. Any other acts deemed inappropriate by the Company

Article 15 (Suspension of the Service, etc.)

15.1. The Company may suspend or interrupt all or part of the provision of the Service without prior notice to the customer if any of the following apply:

15.1.1 Emergency inspection or maintenance of the computer system related to the Service

15.1.2 Suspension due to accidents such as computer or communication line failures

15.1.3 Interruption of the provision or use of external systems (such as Amazon Web Services) necessary for the provision of the Service

15.1.4 Operation of the Service becomes impossible due to force majeure such as earthquakes, lightning strikes, fires, natural disasters, power outages, spread of diseases, or other unavoidable circumstances

15.1.5 Other cases where the Company deems it necessary to suspend or interrupt the Service

15.2. The Company shall not be liable for any damages arising from measures taken by the Company based on this article.

Article 16 (Suspension or Termination of Service by the Company)

16.1. The Company may delete stored data (including registration information and registration data, but not limited to these), temporarily suspend the use of the Service, delete registrations, or terminate or modify the Service contract without prior notice or demand if any of the following apply to the customer:

16.1.1 Violation of any provision of these Terms

16.1.2 It is found that false information is included in the registration details

16.1.3 No response is received for more than 14 days to inquiries or other communications from the Company

16.1.4 Falling under any of the items in Article 5, Paragraph 2

16.1.5 Suspension of payments or insolvency, filing for bankruptcy, commencement of civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation proceedings, or similar proceedings

16.1.6 Other cases where the Company deems the customer's use of the Service, registration, or continuation of the Service contract inappropriate

16.2. If any of the reasons in the preceding paragraph apply, the customer shall lose the benefit of the term for all obligations owed to the Company and must immediately pay all obligations to the Company.

16.3. The Company shall not be liable for any damages incurred by the customer or users as a result of actions taken by the Company based on this article.

Article 17 (Limitation of Customer Responsibility and Warranty)

17.1. If we determine that you are using the Service in violation of these Terms, we may take necessary and appropriate measures at our discretion.

17.2. If you use the Service in a manner that violates these Terms and causes us to incur any direct or indirect damages (including claims from third parties resulting from such use, as well as obligations to pay attorney's fees and settlement amounts based on settlement agreements with third parties), you must promptly compensate us for such damages.

17.3. If you receive any claims, demands for compensation, injunctions, or other claims from third parties as a result of your use of the Service, you must promptly notify us of such claims.

Article 18 (Amendment of these Terms)

18.1. We may amend the contents of these Terms within the scope not contrary to the purpose of the Service, based on the provisions regarding the amendment of general terms and conditions stipulated in the Civil Code, if it is deemed to be in the general interest of customers, or if there are reasonable grounds such as changes in social conditions, economic conditions, the actual situation regarding the Service, or changes in laws and regulations.

18.2. When we amend these Terms based on the preceding paragraph, we will notify you of the amended terms by displaying them on our website or by any other method determined by us, and the amended terms will take effect from the date that is one month or more after the date of such notification.

18.3. If we amend these Terms without relying on the provisions of paragraph 1 of this Article, we will obtain your consent to the amended terms. In this case as well, we will notify you of the amended terms in accordance with the preceding paragraph. After such notification, if you use the Service or do not take steps to cancel it until the date on which the amended terms take effect, you will be deemed to have agreed to the amended terms.

Article 19 (Contact or Notification)

19.1. Inquiries, other contacts, or notifications regarding the Service from you to us shall be made in the manner specified by us.

19.2. Contacts or notifications regarding the Service from us to you shall be made by sending an email to the email address included in the registered information or by any other method specified by us. If we have contacted or notified you at the email address or other contact information included in the registered information, you will be deemed to have received such contact or notification.

Article 20 (Severability)

Even if any provision or part thereof of these Terms is determined to be invalid or unenforceable under laws or regulations, the remaining provisions of these Terms, and the remaining parts of such provisions if any part thereof is determined to be invalid or unenforceable, shall remain in full force and effect.

Article 21 (Governing Law and Jurisdiction)

21.1. These Terms and the Service agreement shall be governed by Japanese law.

21.2. All disputes arising out of or in connection with these Terms or the Service agreement shall be exclusively submitted to the Tokushima District Court as the court of first instance with exclusive jurisdiction.

Revision History

1. March 11, 2021 Enacted