Terms of Service
Chapter 1 — General Provisions
Article 1 (Structure and Application of the Terms)
1. We ("the Company") provide internet-related services (the "Service") under agreements ("Usage Agreements") entered into pursuant to our terms, which are structured as follows. A party who enters into a Usage Agreement with the Company is a "User."
i. General Terms
These set out the procedure for entering into a Usage Agreement and matters applicable to the Service as a whole.
ii. Service-Specific Terms
Service Basic Terms: set out matters applicable only to a given basic service of the Service, and to its associated optional services. Optional Terms: set out matters applicable only to optional services that are available solely as an addition to a basic service. These may be set out within the Service Basic Terms or separately from them.
1. A Usage Agreement is governed by these General Terms together with the Service-Specific Terms corresponding to the service the User uses.
2. Where these General Terms conflict with the Service-Specific Terms, the Service-Specific Terms prevail. Where the Service Basic Terms conflict with the Optional Terms, the Optional Terms prevail.
3. A Usage Agreement is entered into separately for each basic service and each optional service of the Service.
4. Unless otherwise specified, a term defined in any of our terms carries the same meaning across all of our terms.
Article 2 (Types of Service)
1. The types and content of the Service are as set out in the applicable Service-Specific Terms.
2. The types and content of basic services and optional services within the Service are as set out on the web pages describing each service on our website (the "Service Pages").
Article 3 (Notices and Reports)
1. We will send notices and reports to Users by whatever method we consider appropriate, including email to the User's designated email address, postal mail, or posting on our website.
2. Where we give notice or a report by email or by posting on our website, it is deemed given on the date we complete the process needed to send or publish it.
3. Where we have given notice or a report to a User by a method described in Paragraph 1, we bear no responsibility for any damage arising from the User's failure to actually receive it.
Article 4 (Amendment of the Terms)
1. We may amend these General Terms or the Service-Specific Terms. Amended terms also apply to Usage Agreements already in effect.
2. We may amend, add to, or delete these Terms at any time without obtaining the User's consent. In such a case, the amended Terms take effect from the time they are posted on the Service's website.
Chapter 2 — Formation of the Usage Agreement
Article 5 (Formation of the Usage Agreement)
1. (Application) An application to use the Service is made by completing the required information on the application screen shown on our website and submitting it.
2. (Start Date) For Services provided on a continuing basis, provision begins on the start date we notify to the applicant, on condition that the Usage Agreement has validly been formed and we have confirmed receipt of the first payment due.
3. Returns due to the purchaser's own circumstances are not accepted for the Service. As a special exception, a return may be accepted, but only where the User has never used the Service, including under the free plan, and only where we approve it. In that case, a refund will be issued to the User by our designated method, after deducting a return handling fee of ¥30,000, plus a 5.0% fee for credit-card settlement.
Article 6 (Establishment of the Usage Agreement)
1. A Usage Agreement is established when we notify the applicant of our acceptance, by our prescribed method, in response to an application made under the preceding Article. However, we may decline to accept an application in any of the following cases, and we bear no responsibility whatsoever for damage arising from such a refusal:
i. Where we determine that providing the requested Service, or arranging or maintaining the associated equipment, would be difficult.
ii. Where we determine there is a risk the applicant will fail to perform their contractual obligations to us, including because they have previously failed to do so.
iii. Where the application contains false statements.
iv. Where the applicant does not reside in Japan.
v. Where any of the grounds listed in Article 28, Paragraph 1, Items 2 and 3 apply to the applicant.
vi. Where the credit card or bank account the applicant designates for payment cannot properly be used for settlement.
vii. Where the applicant is a minor, an adult ward, a person under curatorship, or a person under assistance pursuant to Article 17, Paragraph 1 of the Civil Code, and has not obtained the consent of a legal representative, guardian, curator, or assistant as required.
viii. Where we determine that providing the Service to the applicant would present significant operational or technical difficulty.
ix. Where we determine there is a risk the applicant will use the Service in a manner that damages our social credibility.
x. Where we determine the applicant is affiliated with organized crime or another antisocial group.
xi. Where we otherwise determine it inappropriate to accept the application.
2. Where we decline an application under the preceding paragraph, we are under no obligation to disclose our reason.
Article 7 (Change of Type)
1. Where the applicable Service-Specific Terms provide that a User may change the type of Service they use, the User may request such a change from the date specified in those terms.
2. Where a User makes a request under the preceding paragraph, we handle it in accordance with Articles 5 and 6.
3. Where the type is changed, the minimum usage period set out in Article 15 begins running afresh, from the start date of the new type.
Article 8 (Notification of Changes to Contract Details)
1. Where any matter stated in the application changes, the User must promptly notify us in our prescribed format.
2. Where a corporate User merges with another entity, the surviving or newly formed entity must submit our prescribed documentation within 14 days of the merger.
3. We bear no responsibility for any damage suffered by a User or a third party as a result of a delayed or omitted notification under the preceding two paragraphs, and any notice or report from us that goes undelivered or is delayed as a result may be deemed to have arrived at the time it would ordinarily have arrived.
4. Where any of the following occurs with respect to a User, we apply Paragraphs 2 and 3 by analogy, but only where the User's identity or continuity of business is recognized:
i. Conversion from an individual to a corporate entity.
ii. Succession to a new entity through a corporate split or business transfer of a corporate User.
iii. A change of representative of a User that is an unincorporated association.
iv. Other changes analogous to the foregoing.
Article 9 (Inheritance)
1. Where an individual User dies, the Usage Agreement terminates. However, where an heir notifies us, using our prescribed documentation, within 14 days of the commencement of inheritance, that they will solely succeed to the position under the Usage Agreement, that heir may succeed to that position.
Article 10 (Assignment of Contractual Position, etc.)
1. A User may not assign their contractual position or rights under the Usage Agreement to a third party, provide them as security, or have a third party assume their contractual position or obligations, without our prior written consent.
2. A User bears full civil liability to us, under the Usage Agreement or applicable law, for any act (including omissions) performed by a third party using an account we issued in connection with the Service, regardless of whether the User was involved.
Chapter 3 — User Obligations
Article 11 (Usage Fees)
1. Unless otherwise specified, the amount payable by a User to us is the usage fee plus the corresponding consumption tax and local consumption tax (together, "Consumption Tax") — together, the "Fee." If the applicable tax rate changes by law, the Consumption Tax amount is calculated using the new rate.
2. The usage fee or Fee for the Service is published on the Service Page for each service.
3. Unless otherwise specified in the Usage Agreement, the usage fee is the fee in effect at the time the Usage Agreement was formed. However, where changes in prices generally or in our facility maintenance and operating costs lead us to determine that the usage fee is no longer appropriate, we may change it during the contract term by notifying the User in accordance with Article 4, Paragraph 2.
4. Where the tax rate changes under Paragraph 1, we will bill a User who has already paid the usage fee for the difference in Consumption Tax corresponding to the remaining period already paid for, from the date the new rate takes effect. In that case, the User must pay the difference by the payment method and deadline we specify in that billing.
Article 12 (Payment Method)
1. A User must pay the Fee to us by the payment due date, using the method they selected at the time of application from the options set out in the following paragraph, in the manner appropriate to each service.
2. Unless a Service-Specific Terms provides otherwise, the Fee may be paid by one of the following methods:
i. Bank transfer
Cash transfer from a bank, post office, convenience store, etc. (the transfer fee is borne by the User).
ii. Credit card payment
Payment by credit card through the payment-settlement service we have contracted with.
Article 13 (Points Feature)
1. Definition of the Points Feature
The Points Feature is an electronic-money program we provide under this Article, which allows a User to pre-charge funds as a payment method for fees they expect to incur on SiteScouter.
2. Depositing into the Points Feature
i. Deposits into the Points Feature are made in accordance with the procedures and conditions we separately set out on our website.
ii. A deposit into the Points Feature cannot be cancelled once made.
iii. Any fees charged by financial institutions, and any other associated costs incurred when depositing into the Points Feature, are borne by the User.
3. Checking the Available Balance
The unused portion of funds pre-paid into the Points Feature (the "Points Balance") can be checked in the management tool's display.
4. Using the Points Balance
i. The Points Balance may be used to pay various usage fees on SiteScouter.
ii. The Points Balance cannot be exchanged for cash.
iii. A User must not transfer, lend, pledge, or attempt to transfer, lend, or pledge their Points Balance to any third party.
5. Cancellation of the Points Balance
We may cancel all or part of a User's Points Balance without the User's consent in any of the following cases:
1. Where we reasonably determine that, due to a system malfunction or similar cause, a Points Balance in excess of what should have been granted to the User has been granted.
2. Where we determine that a User's deposit procedure involved fraud or a false statement.
3. Where we otherwise determine it appropriate to cancel the Points Balance.
6. Expiry of the Points Balance
A User's Points Balance expires no later than the termination of that User's agreement with us.
7. Refund and Exchange of the Points Balance
Except where we are obligated to refund under the Act on Settlement of Funds, we will not refund or exchange for cash any User's Points Balance for any reason.
Article 14 (Late Payment Penalty)
1. Where a User delays payment of the Fee or other amounts due, the User must pay a late-payment penalty at an annual rate of 14.5%.
Article 15 (Minimum Usage Period)
1. Unless a Service-Specific Terms provides otherwise, the minimum usage period for a SiteScouter basic service runs from its start date until the day before the last day of the month in which one month from the start date elapses.
2. Unless a Service-Specific Terms provides otherwise, the minimum usage period for an optional service is as set out on that service's Service Page. Where the Service-Specific Terms is silent and the optional service is billed as a one-time payment, or its Service Page does not specify a minimum usage period, no minimum usage period applies.
3. Where a Usage Agreement for the Service terminates, by cancellation or otherwise, before the end of the minimum usage period set out in the preceding two paragraphs, the User must pay, as a handling fee, an amount equivalent to the Fee for the period from the day after termination through the end of the minimum usage period, by our designated method, within 10 days of termination.
Article 16 (Prohibited Acts)
1. A User must not engage in any of the following:
i. Infringing, or risking infringement of, our or a third party's intellectual property rights, including copyright and trademark rights.
ii. Infringing, or risking infringement of, our or a third party's property, privacy, or right of publicity.
iii. Discriminating against, defaming, or insulting us or a third party, promoting discrimination against us or a third party, or damaging our or a third party's honor or credit, or risking the same.
iv. Acts that constitute, or carry a high risk of constituting, a crime such as fraud, drug abuse, child prostitution, or the illegal sale of bank accounts or mobile phones.
v. Transmitting or posting obscene material, or images or documents constituting child pornography or child abuse.
vi. Establishing, or soliciting participation in, an unlimited chain scheme (pyramid scheme).
vii. Falsifying or deleting information accessible through the Service.
viii. Transmitting or posting viruses or other harmful computer programs.
ix. Unauthorized access to server or network equipment that becomes directly operable by the User through the Service after installation (including equipment installed by the User, "Server Equipment"), or to our routers, backbone facilities, line facilities, power facilities, or other facilities we use to provide the Service (excluding Server Equipment; together, "Telecommunications Facilities").
x. Sending unsolicited advertising, promotional, or solicitation email (spam) or email likely to cause offense (harassing email) to others; interfering with others' receipt of email; requesting the chained forwarding of email (chain mail); or forwarding email in response to such a request.
xi. Acts that interfere, or risk interfering, with the use or operation of our or a third party's equipment, Server Equipment, or Telecommunications Facilities.
xii. Using the Service in a manner or method that interferes, or risks interfering, with a third party's communications.
xiii. Acts that obstruct, or risk obstructing, our provision of the Service.
xiv. Illegal gambling, or soliciting others to gamble illegally.
xv. Directly and explicitly undertaking, brokering, or inducing (including by asking another person to carry out) an illegal act such as transferring a firearm, providing child pornography, forging official documents, murder, or intimidation.
xvi. Posting, or sending to an unspecified number of people, cruel content such as footage of a person's killing, images of animal abuse, or other information that would, by ordinary social standards, cause others significant offense, or risks doing so.
xvii. Inducing or soliciting a person to commit suicide.
xviii. Facilitating the posting, by unspecified persons, of web content that is likely to lead to crime or illegal activity, or that unjustly defames, insults, or invades the privacy of others, or risks doing so.
xix. Acts that significantly inconvenience other Users or third parties, or that are not socially acceptable, or risk the same.
xx. Acts contrary to public order and morals, or risking the same.
xxi. Acts that violate the law, or risk doing so.
xxii. Linking to content in a manner or for a purpose that facilitates any of the foregoing acts, while knowing that the content falls within one of them.
xxiii. Any other act we determine makes a person unsuitable as a User of the Service.
2. In addition to the items in the preceding paragraph, we may separately set out prohibitions and precautions on our website as necessary, and the User must comply with them.
Article 17 (Use by Third Parties)
1. Where a User allows a third party to use some or all of the functionality provided by the Service (including, without limitation, by issuing that third party an ID, account, or password), the User is responsible for ensuring that third party complies with the prohibitions in the preceding Article. In that case, we owe the third party no obligation or liability whatsoever under the Usage Agreement.
2. Where, in the case described in the preceding paragraph, the third party engages in a prohibited act, that act is deemed to have been committed by the User, and the User agrees to bear full responsibility to us and to any other third party (excluding the third party referred to above). The User further bears full civil liability to us, under the Usage Agreement or applicable law, for any act (including omissions) performed by a third party in connection with the User's use of the Service, regardless of whether the User was involved.
Article 18 (Maintenance and Management of the Service)
1. In using the Service, the User is responsible for the appropriate management, at their own responsibility, of the account and password we issued, Server Equipment, communication equipment, and any other information, devices, software, or systems that the User is responsible for maintaining in connection with the Service, and bears full responsibility to us for the consequences of such management, including consequences arising from a third party obtaining, having leaked, or having guessed the account or password we issued.
2. The User must manage and back up, at their own responsibility and expense, any data stored on equipment we have made available to the User in connection with each service (including a User-owned server the User has installed within our data center in connection with the Service; "Designated Equipment") — meaning personal information, confidential information, and any other data stored in the User's designated area on the Designated Equipment since the Service began ("User Data"). We have no involvement in or knowledge of User Data, and bear no responsibility whatsoever, regardless of cause, for the following:
- The occurrence of leakage, loss, or similar events affecting User Data.
- Our prevention of leakage, loss, or similar events affecting User Data.
- Our response if leakage, loss, or similar events affecting User Data occur.
- Recovery of User Data.
3. Where a Usage Agreement for a given service terminates, for whatever reason, by cancellation or otherwise, the User must delete their User Data from the Designated Equipment for that service by the date of termination. If User Data remains on the Designated Equipment after the Usage Agreement has terminated, we may delete it and bear no responsibility whatsoever for doing so.
Article 19 (Consent to Higher-Level Terms)
1. Where the provider of any equipment, OS, software, or other item the User uses in connection with the Service ("User Equipment") has established terms, conditions, a license, or similar conditions of use for that User Equipment (in their then-current form, "Higher-Level Terms"), the User must comply with those Higher-Level Terms when using the Service.
2. Except where these General Terms or a Service-Specific Terms provides otherwise, where these General Terms or a Service-Specific Terms conflicts with the Higher-Level Terms, the Higher-Level Terms prevail.
Article 20 (Use of Software, etc.)
1. A User may use any OS, application, or software provided through the Service (together, "Provided Software") solely for their own use of the Service, and may not use it beyond the scope permitted under the applicable Higher-Level Terms.
2. All copyright and other rights in the Provided Software belong to the rights holder of that Provided Software. We do not assign or license any such rights to the User. However, where the rights holder of the Provided Software requires our authorization for a User's use of it within the Service, and we determine we are able to grant that authorization, we will grant it to the User to the extent necessary for use of the Service, in accordance with the rights holder's terms.
3. Where a User uses the Provided Software beyond the scope permitted under the preceding two paragraphs, or infringes the rights described in the preceding paragraph, and thereby causes us damage, the User is liable to compensate us for it.
Chapter 4 — Secrecy of Communications and Handling of Personal Information
Article 21 (Protection of the Secrecy of Communications)
1. We protect the secrecy of communications handled in connection with providing the Service, pursuant to Article 4 of the Telecommunications Business Act, and use or retain such communications only to the extent necessary to ensure smooth provision of the Service.
2. We are not bound by the confidentiality obligation in the preceding paragraph to the extent required by a compulsory disposition under Article 218 of the Code of Criminal Procedure (search under warrant) or other provisions of that Code, or to the extent a disclosure request satisfies the requirements of Article 4 of the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders.
3. Where a User engages in a prohibited act under any paragraph of Article 16 and thereby obstructs our provision of the Service, we may provide part of the information constituting the secrecy of that User's communications to a third party, but only to the extent necessary to ensure smooth provision of the Service.
Article 22 (Protection of Personal Information)
1. We handle a User's personal information appropriately, in accordance with the "Privacy Policy" set out on our website.
2. We use a User's personal information within the scope of the purposes of use set out in the "Privacy Policy" on our website.
3. We may entrust a User's personal information to a subcontractor to the extent necessary for the purposes described in the preceding paragraph.
4. Notwithstanding the preceding paragraphs, we will not provide a User's personal information to any third party other than the User, except in the following cases. Information constituting the secrecy of communications is handled in accordance with the preceding Article.
i. Where the User has consented.
ii. Where disclosure to a financial institution is necessary to identify, pay, or collect a claim or obligation relating to the User's use of the Service.
iii. Where a compulsory disposition such as an investigation or seizure is carried out under a warrant issued by a judge.
iv. Where an inquiry is made by a public authority with a statutory right to make such an inquiry, or where disclosure is otherwise required by law.
v. Where we determine disclosure constitutes an emergency evacuation of danger or legitimate self-defense.
Article 23 (Suspension of Provision)
1. We may suspend provision of the Service in any of the following circumstances:
- Where necessary for maintenance, construction, relocation, or similar work on Server Equipment or Telecommunications Facilities.
- Where, pursuant to Article 8 of the Telecommunications Business Act, a natural disaster or other emergency has occurred or may occur, requiring us to prioritize communications urgently needed in the public interest.
- Where a telecommunications carrier or similar entity has suspended provision of a telecommunications service.
2. Where we suspend the Service under the preceding paragraph, we will notify each User in advance of the suspension, its reason, and its duration, except where urgency does not allow.
3. Where we suspend the Service under Paragraph 1, we may relocate Server Equipment or Telecommunications Facilities to the extent necessary to achieve the purpose of the suspension.
4. We bear no responsibility to compensate a User for damage suffered as a result of a suspension under Paragraph 1 or a relocation under the preceding paragraph.
Article 24 (Temporary Suspension of Provision, etc.)
1. We may temporarily suspend provision of the Service to a User, or restrict that User's use of the Service, in any of the following cases. We bear no responsibility to the User whatsoever in connection with such a suspension or restriction.
- Where the User has delayed payment of the Fee.
- Where we determine that the User's act (including an omission) has caused, or risks causing, a problem with our Server Equipment or Telecommunications Facilities, or otherwise impedes our business operations.
- Where it emerges that the User made a false statement in their application.
- Where a User who received a request under Article 25, Paragraph 1, Item 1, 2, or 3 does not comply within the period we specify.
- Where we otherwise determine the User has violated these General Terms or the Service-Specific Terms.
2. Where we suspend or restrict the Service, we will notify the User in advance of that fact, the reason, and the duration, except where urgency does not allow.
Article 25 (Removal of Information, etc.)
1. Where we determine that a User has engaged in a prohibited act under Article 16, where a claim or complaint has been made to us by another party regarding a User's use of the Service and we determine action is necessary, or where we otherwise determine it necessary for operation of the Service, we may take one or more of the following measures against that User:
- Requiring the User to stop the prohibited act under Article 16.
- Requiring the User to discuss resolution of the claim with the other party.
- Requiring the User to delete information posted online through the Service.
- Deleting from the Designated Equipment, or rendering inaccessible to others, all or part of the information a User or a person connected with the User has posted online through the Service, without prior notice.
- Restricting use of part of the Service's functionality.
- Temporarily suspending provision of the Service under the preceding Article.
- Terminating the Usage Agreement under Article 28, Paragraph 1.
2. Where we take any measure under the preceding paragraph, we will notify the User in advance of that fact, the reason, and the duration, except where urgency does not allow.
Article 26 (Change of Service Type or Content)
1. Depending on a User's usage of the Service, we may request that the User change the type or content of Service they use. The User may not refuse such a request without a legitimate reason.
Article 27 (Discontinuation of Provision)
1. We may, for unavoidable business reasons, discontinue a particular type or content of the Service. In that case, we will notify Users at least one month before discontinuation, except where urgency does not allow.
Chapter 5 — Termination of the Usage Agreement
Article 28 (Termination of the Usage Agreement, etc.)
1. We may immediately terminate the Usage Agreement, without notice or demand to the User, where any of the following applies to the User:
i. Any item under Article 6, Paragraph 1 or Article 24, Paragraph 1 applies.
ii. The User becomes subject to attachment, provisional attachment, provisional disposition, disposition for tax delinquency, or a petition for auction; a petition is filed to commence bankruptcy, civil rehabilitation, special liquidation, corporate reorganization, or similar insolvency proceedings; or the User enters liquidation.
iii. The User suspends payments, such as through dishonor of a bill or check, or there is other reasonable cause to believe the User's creditworthiness has deteriorated.
2. We bear no responsibility to compensate a User for damage suffered as a result of a termination under Paragraph 1.
i. The contract term for the Service runs from the start date we notify to the User, through the end of the month following the fee period the User selected at the time of contracting.
ii. Where neither we nor the User gives notice of non-renewal by the last day of the month preceding the month in which the contract term expires, the contract term automatically renews for the same fee period as the preceding paragraph, and this continues thereafter.
Article 29 (Contract Term)
1. The contract term for each service runs from the start date we notify to the User, through the fee due date the contracting party selected at the time of contracting. The fee due date is stated on each service's Service Page.
2. We may be unable to process a contract renewal normally if fewer than 31 days remain before the contract's expiry date.
Chapter 6 — Damages, etc.
Article 30 (Damages)
1. Where a User, or their agent, employee, or another person connected with the User, causes us damage through an act that violates these General Terms or a Service-Specific Terms, the User must compensate us for that damage.
Article 31 (Limitation of Damages)
1. In principle, we bear no responsibility whatsoever, and owe no obligation to compensate, for any damage arising from a User's use of the Service. This does not apply where an individual User (excluding one who is a party to the contract for or on behalf of a business) suffers damage due to our willful misconduct or gross negligence.
2. Where a User becomes unable to use the Service due to a telecommunications service provided by a telecommunications carrier or similar entity, the total damages payable to all affected Users is capped at the amount of compensation we receive from that carrier in connection with that telecommunications service, and we will respond to Users' claims for damages in accordance with the preceding paragraph.
Article 32 (Warranty and Disclaimer)
1. Except where specifically provided in these General Terms or a Service-Specific Terms, we make no warranty, express or implied, in connection with providing the Service to Users — including, without limitation, as to fitness for a particular purpose, the effectiveness of any function or feature, quality of service, security against threats, merchantability, completeness, accuracy, the identity or integrity of replicated or migrated data (in whole or in part), non-infringement of third-party rights, the normal operation of equipment or facilities provided to the User under the Service, or the continuous provision of the Service.
2. Except where specifically provided in these General Terms or a Service-Specific Terms, we bear no liability — whether for breach of contract, tort, or on any other legal basis — for damage a User suffers in connection with use of the Service, including without limitation: inability to use the Service; malfunction or failure of equipment, facilities, or software provided through the Service; delay in providing the Service; destruction or loss of User-installed data and its theft or leakage by a third party; infection by a virus or malware; or damage caused by unauthorized access, cracking, or exploitation of a security hole by a third party. This does not apply where an individual User (excluding one who is a party to the contract for or on behalf of a business) suffers damage due to our willful misconduct or gross negligence.
3. Notwithstanding the preceding paragraph, we bear no responsibility to a User for a delay in, or failure of, performance of all or part of the Service due to a natural disaster, war, riot, civil unrest, other force majeure, enactment or amendment of law, an order or disposition by a public authority, a labor dispute, or a cause attributable to a transportation provider, communications carrier, or other cause not attributable to us.
4. Any dispute arising between a User and a third party (in Japan or elsewhere), or between us and such a third party, in connection with the User's use of the Service, must be resolved by the User at their own responsibility and expense, and we bear no responsibility whatsoever.
Chapter 7 — Exclusion of Antisocial Forces
Article 33 (Exclusion of Antisocial Forces)
1. The User represents that, as of the start date, neither the User nor the User's agent, intermediary, or performance assistant (any person the User uses to conduct their business, whether an individual or a corporation, including a subcontractor engaged through a chain of third parties — the same applies below) falls within any of the following categories, and covenants that none of them will do so in the future:
i. A organized-crime group (bōryokudan), a member of one, a person who ceased to be a member less than five years ago, a quasi-member, a person affiliated with organized crime, a company affiliated with organized crime, a corporate racketeer (sōkaiya), a person feigning involvement in a social movement for extortion purposes, a specialized intelligent-crime group, or a person similar to any of the foregoing (collectively, "Antisocial Forces").
ii. Has a relationship in which Antisocial Forces are recognized as substantially controlling or being involved in management.
iii. Has a relationship recognized as improperly using Antisocial Forces, such as for the purpose of securing an unlawful benefit for oneself or a third party, or causing damage to a third party.
iv. Has a relationship recognized as providing funds or other benefits, or otherwise assisting, Antisocial Forces.
v. Has a relationship with Antisocial Forces that is socially condemnable.
2. The User covenants that neither the User, nor the User's agent, intermediary, or performance assistant, will, personally or through a third party, engage in fraudulent conduct, violence, intimidating language, unreasonable demands beyond legal responsibility, conduct that damages our credit or interferes with our business, or any similar conduct, against us or a person connected with us.
3. Where we determine that a User has violated either of the preceding two paragraphs, we may immediately terminate all or part of the Usage Agreement without notice or demand to the User.
4. Where we determine that a User falls within the definition of Antisocial Forces, we may require that User to provide an explanation or supporting materials as necessary, and the User must promptly comply. Where we determine the User has not promptly complied, or has acted in bad faith — such as by giving a false explanation or submitting false materials — we may immediately terminate all or part of the Usage Agreement without notice or demand to the User.
Chapter 8 — Miscellaneous
Article 34 (Governing Law)
1. These General Terms, the Service-Specific Terms, and each Usage Agreement are prepared and entered into under, and are interpreted in accordance with, the laws of Japan.
Article 35 (Dispute Resolution)
1. Where a dispute, question, or unaddressed matter arises in connection with a Usage Agreement, we and the User will discuss it in good faith to reach a resolution.
2. For any dispute relating to a Usage Agreement, the Tokyo District Court or Tokyo Summary Court having jurisdiction over our location, or the Osaka District Court, whichever we designate, is the exclusive court of agreed jurisdiction for the first instance.
Supplementary Provisions
Article 1 (Effective Date)
These Terms take effect from the date of their publication, January 15, 2024 (Reiwa 6).