Terms of Use

Introduction

These Terms of Use (hereinafter the "Terms") set forth the conditions for using all services provided by Wolkin, Inc. (hereinafter the "Company"), including without limitation its website, applications, consulting services, development services, and educational services (hereinafter the "Services"). Persons who use the Services (hereinafter "Users") shall use the Services only after agreeing to these Terms.

1. Application and Amendment of the Terms

1.1 Scope of Application

These Terms shall apply to all relationships between Users and the Company concerning the use of the Services.

1.2 Amendment of the Terms

The Company may amend these Terms without notice to Users when it deems necessary. The amended Terms shall take effect from the time they are posted on the Company's website, and Users shall comply with the amended Terms.

2. Use of the Services

2.1 Registration

Part of the Services may require registration. A User shall apply for registration in the manner prescribed by the Company, and registration is completed upon the Company's approval thereof.

2.2 Refusal of Registration

The Company may decline an application for registration in the following cases:

• where false information was provided;
• where the applicant has previously violated these Terms;
• where the Company otherwise deems the application inappropriate.

2.3 Management of User Information

Users shall manage their User ID and password for the Services at their own responsibility. Users shall bear responsibility for any damage arising from inadequate management of the User ID and password, errors in their use, use by a third party, or the like.

3. Prohibited Conduct

In using the Services, Users shall not engage in the following conduct:

• conduct that violates laws and regulations or public order and morals;
• conduct related to criminal activity;
• conduct that infringes the intellectual property rights, portrait rights, privacy, honor, or other rights or interests of the Company, other Users of the Services, or third parties;
• political or religious solicitation;
• conduct that destroys or interferes with the functions of the Company's servers or network;
• conduct that places an excessive load on the network or systems of the Services;
• conduct that collects or accumulates personal information or the like regarding other Users;
• unauthorized access, or attempts thereof;
• conduct that impersonates other Users;
• advertising, publicity, solicitation, or business activities on the Services that are not permitted by the Company;
• conduct that, in connection with the Company's services, directly or indirectly provides benefits to antisocial forces;
• other conduct that the Company deems inappropriate.

4. Suspension and Interruption of the Services

4.1 Suspension and Interruption of the Services

The Company may suspend or interrupt the provision of all or part of the Services without prior notice to Users in the following cases:

• where maintenance, inspection, or updating of the computer systems relating to the Services is carried out;
• where the provision of the Services becomes difficult due to force majeure such as earthquake, lightning, fire, power outage, or natural disaster;
• where computers or communication lines are stopped due to an accident;
• where the Company otherwise determines that the provision of the Services is difficult.

4.2 Disclaimer for Force Majeure

The Company shall not be liable for any disadvantage or damage suffered by Users or third parties as a result of suspending or interrupting the provision of the Services pursuant to the preceding paragraph.

5. Intellectual Property Rights

5.1 Attribution of Rights

All copyrights, patent rights, trademark rights, and other intellectual property rights relating to the Services belong to the Company or to those who have granted licenses to the Company.

5.2 Restrictions on Use

Users may not, without the Company's permission, reproduce, reprint, modify, sell, lend, or otherwise make secondary use of the content or information of the Services.

5.3 Rights to Deliverables

The attribution of rights relating to the deliverables of the services provided by the Company shall be determined separately by contract.

6. Disclaimer

6.1 Disclaimer of Warranties

The Company does not warrant, either expressly or impliedly, that the Services are free from de facto or legal defects (including defects, errors, or bugs relating to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, and the like, as well as infringement of rights).

6.2 Limitation of Liability

Except in cases of willful misconduct or gross negligence on the part of the Company, the Company shall not be liable for any damage suffered by Users arising from the Services. Furthermore, the Company shall not be liable for any transactions, communications, disputes, or the like that arise between a User and other Users or third parties through the Services.

7. Handling of Personal Information

The Company shall appropriately handle personal information acquired through the use of the Services in accordance with the Company's "Privacy Policy".

8. Termination of the Agreement

8.1 Termination by the User

Users may at any time discontinue use of the Services and cancel their registration in accordance with the procedures prescribed by the Company.

8.2 Termination by the Company

The Company may, without prior notice, temporarily suspend the use of the Services or terminate the usage agreement with a User where the User falls under any of the following:

• where the User has violated any provision of these Terms;
• where the User has failed to pay usage fees;
• where it is found that the registration information contains false facts;
• where the Company otherwise determines that the use of the Services is inappropriate.

9. Exclusion of Antisocial Forces

Users represent that they themselves do not fall under organized crime groups, members of organized crime groups, quasi-members of organized crime groups, companies related to organized crime groups, corporate racketeers (sokaiya), groups engaging in criminal activities under the pretext of conducting social campaigns, crime groups specialized in intellectual crimes, or other persons equivalent thereto (hereinafter "Antisocial Forces"), and that they do not fall under any of the following items, and they covenant that they will not fall under any of them in the future:

• having a relationship in which Antisocial Forces are recognized as controlling management;
• having a relationship in which Antisocial Forces are recognized as substantially involved in management;
• having a relationship in which Antisocial Forces are recognized as being unduly used, such as for the purpose of seeking wrongful gains for oneself, one's own company, or a third party, or for the purpose of causing damage to a third party;
• having a relationship in which one is recognized as being involved, such as by providing funds or the like to, or extending facilities to, Antisocial Forces;
• having a relationship in which an officer or a person substantially involved in management has a socially reprehensible relationship with Antisocial Forces.

10. Governing Law and Jurisdiction

10.1 Governing Law

The interpretation of these Terms shall be governed by the laws of Japan.

10.2 Jurisdiction

In the event of a dispute arising in connection with the Services, the court having jurisdiction over the location of the Company's head office shall be the exclusive agreed jurisdictional court.

11. Contact

For inquiries regarding these Terms, please contact the following: