Terms of service

Thank you for visiting the website of Tamurakoma & Co., Ltd.
These Terms of Service (the "Terms") set forth the conditions governing the provision of the Services and the rights and obligations between you and Tamurakoma & Co., Ltd. Before using the Services, please read these Terms carefully.
By using the Services, you are deemed to have agreed to these Terms and any other applicable policies.

Article 1 (Scope of Application)

These Terms govern the conditions for providing the Services and define the rights and obligations between the Company and the Customer in connection with the use of the Services.
These Terms apply to all relationships between the Customer and the Company relating to the use of the Services.

Article 2 (Definitions)

For the purposes of these Terms, the following terms shall have the meanings set forth below.

1. "Service Agreement"
   Means these Terms and any agreement entered into between the Company and the Customer regarding the use of the Services.
2. "Intellectual Property Rights"
   Means copyrights, patents, utility model rights, design rights, trademark rights, and any other intellectual property rights, including the right to obtain or apply for registration of such rights.
3. "Company"
   Means Tamurakoma & Co., Ltd.
4. "Website"
   Means the website operated by the Company whose domain is https://folbot.jp, including any successor website if the domain name or website content is changed for any reason.
5. "Customer"
   Means any individual or legal entity that has registered as a user of the Services pursuant to Article 3 (Registration).
6. "Services"
   Means the services operated by the Company under the name FOLBOT, including any successor services if the name or content of the Services is changed for any reason.

Article 3 (Registration)

1. Any person wishing to use the Services ("Applicant") may apply for registration by agreeing to comply with these Terms and providing the information specified by the Company ("Registration Information") in the manner prescribed by the Company.
2. The Company shall determine, in accordance with its own criteria, whether to approve the registration application submitted under the preceding paragraph. If the Company approves the registration, it shall notify the Applicant accordingly.
3. Registration as a Customer shall become effective upon such notification.
   Upon completion of registration, a Service Agreement shall be deemed concluded between the Customer and the Company, and the Customer may use the Services in accordance with these Terms.
4. The Company may refuse registration or re-registration without any obligation to disclose the reason if the Applicant:
   1. has provided false, inaccurate, or incomplete Registration Information;
   2. is a minor, a person under curatorship, or a person under assistance without obtaining the consent of the legal representative, curator, or assistant, as applicable;
   3. is an adult ward without obtaining the approval of the legal guardian;
   4. is determined by the Company to be an anti-social force (including organized crime groups, members of organized crime groups, right-wing organizations, or similar organizations), or is involved with such organizations through funding or other means;<
   5. has previously breached an agreement with the Company or is related to such a person;
   6. has previously been subject to the measures set forth in Article 9;
   7. or is otherwise determined by the Company to be unsuitable for registration.

Article 4 (Changes to Registration Information)

If any Registration Information changes, the Customer shall promptly notify the Company of such changes using the method specified by the Company.

Article 5 (Management of Passwords and User IDs)

1. The Customer shall be solely responsible for properly managing and safeguarding their password and user ID for the Service. The Customer shall not permit any third party to use them, nor lend, transfer, assign, change the registered name of, sell, or otherwise dispose of them.
2. The Customer shall be solely responsible for any damages arising from inadequate management, misuse, or use of the password or user ID by a third party. The Company shall not be liable for any such damages.

Article 6 (Prohibited Conduct)

When using the Services, the Customer shall not engage in any of the following acts, or any act that the Company determines falls under any of the following:

1. Any act that violates any applicable law or regulation, or is related to any criminal activity.
2. Any act of fraud or intimidation against the Company, other users of the Service, or any third party.
3. Any act that is contrary to public order or morals.
4. Any act that infringes the intellectual property rights, rights of publicity, privacy rights, reputation, or any other rights or legitimate interests of the Company, other users of the Service, or any third party.
5. Transmitting to other users of the Service, through the Service, any information that the Company determines falls under any of the following categories:
   1. Information containing computer viruses or other harmful computer programs;
   2. Information containing expressions that defame or damage the reputation or credibility of the Company, other users of the Service, or any third party.
6. Any act that imposes an excessive burden on the network, systems, or other infrastructure of the Service.
7. Any act that may interfere with the operation of the Service.
8. Any unauthorized access to, or attempt to gain unauthorized access to, the Company's network, systems, or other infrastructure.
9. Any act of impersonating another person or entity.
10. Any act of using the ID or password of another user of the Service.
11. Any advertising, promotional, solicitation, or commercial activities conducted through the Service without the Company's prior authorization.
12. Any act of collecting information regarding other users of the Service.
13. Any act that causes disadvantage, damage, or discomfort to the Company, other users of the Service, or any third party.
14. Any act of providing benefits to organized crime groups or other anti-social forces.
15. Any act that directly or indirectly causes, facilitates, or encourages any of the acts described in the preceding items.
16. Any other act that the Company deems inappropriate.

Article 7 (Suspension or Interruption of the Services)

1. The Company may suspend or interrupt all or part of the Service without prior notice to the Customer if any of the following circumstances applies:
   1. When emergency inspection or maintenance of the computer systems related to the Service is required;
   2. When computers, communication lines, or other systems are disrupted due to an accident;
   3. When the operation of the Service becomes impossible due to force majeure, including earthquakes, lightning, fire, floods, power outages, or other natural disasters;
   4. When the Company otherwise determines that the suspension or interruption of the Service is necessary.
2. The Company shall not be liable for any damages incurred by the Customer arising from any measures taken by the Company pursuant to this Article.

Article 8 (Intellectual Property Rights)

1. All intellectual property rights relating to the Website and the Services belong to the Company or to licensors who have granted rights to the Company.
   Nothing contained in these Terms shall be construed as granting the Customer any license to use the intellectual property rights owned by the Company or its licensors.
2. The Customer agrees not to exercise any moral rights of authors against the Company or any party that has succeeded to or been granted such rights by the Company.

Article 9 (Suspension of Use and Termination)

1. The Company may, without prior notice or demand, temporarily suspend the Customer's use of the Service, terminate the Customer's registration, or terminate the Service Agreement if the Customer falls under any of the following circumstances:
   1. The Customer violates any provision of these Terms;
   2. It is discovered that any of the registration information provided by the Customer is false;
   3. The Customer suspends payments, becomes insolvent, or becomes subject to bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation proceedings, or any similar proceedings;
   4. The Customer falls under any of the circumstances set forth in Article 3, Paragraph 4;
   5. The Company otherwise determines that the Customer's continued use of the Service, registration as a Customer, or continuation of the Service Agreement is inappropriate.
2. If the Customer falls under any of the circumstances set forth in the preceding paragraph, the Customer shall automatically forfeit the benefit of any term with respect to all obligations owed to the Company and shall immediately pay all such obligations in full.
3. The Company shall not be liable for any damages incurred by the Customer as a result of any action taken by the Company pursuant to this Article.

Article 10 (Withdrawal)

1. The Customer may withdraw from the Services and cancel their registration by notifying the Company in the manner prescribed by the Company.
   
2. If, at the time of withdrawal, the Customer owes any obligations to the Company, the Customer shall automatically lose the benefit of any term with respect to such obligations and shall immediately pay all outstanding amounts in full.
3. The handling of the Customer's information after withdrawal shall be governed by Article 14.

Article 11 (Modification or Termination of the Services)

1. The Company may, at its sole discretion, modify the content of the Services or discontinue the provision of the Services.
   If the Company decides to discontinue the Services, it shall provide prior notice to the Customer.
2. The Company shall not be liable for any damages incurred by the Customer as a result of any action taken pursuant to this Article.

Article 12 (Disclaimer of Warranties and Limitation of Liability)

1. The Company makes no representations or warranties that the Service will be suitable for the Customer's particular purpose, possess the functionality, commercial value, accuracy, or usefulness expected by the Customer, comply with any laws, regulations, or industry rules applicable to the Customer's use of the Service, or operate without defects or interruptions.
2. Except in cases of willful misconduct or gross negligence on the part of the Company, the Company shall not be liable for any damages suffered by the Customer in connection with the Service (hereinafter referred to as "User Damages"), including, without limitation, damages arising from the interruption, suspension, termination, unavailability, or modification of the Service; the deletion or loss of messages or information transmitted by the Customer through the Service; the cancellation of the Customer's registration; the loss of registered data resulting from the use of the Service; damage to or malfunction of equipment; or any other damages related to the Service.
3. Even if the Company is held liable for any reason, the Company's liability for User Damages shall be limited to the total amount paid by the Customer to the Company during the six (6) months immediately preceding the event giving rise to such liability. In no event shall the Company be liable for incidental, indirect, special, consequential, or future damages, or for any loss of profits.
4. The Company shall not be responsible for any transactions, communications, disputes, or other matters arising between the Customer and any other customer or third party in connection with the Service or the Company's website.

Article 13 (Confidentiality)

The Customer shall keep confidential any non-public information disclosed by the Company in connection with the Services and designated as confidential, unless the Company has given prior written consent to its disclosure.

Article 14 (Handling of Customer Information)

1. The Company's handling of Customer Information shall be governed by the Company's separate Privacy Policy, and the Customer agrees that the Company may handle such information in accordance with the Privacy Policy.
2. The Company may, at its sole discretion, use and disclose information and data provided by the Customer in a statistical or anonymized form that does not identify any individual, and the Customer shall raise no objection thereto.

Article 15 (Amendment of the Terms)

The Company may amend these Terms at any time.
If the Company amends these Terms, it shall notify the Customer of the changes.
If the Customer continues to use the Services after receiving such notice, or fails to complete the deregistration procedure within the period specified by the Company, the Customer shall be deemed to have agreed to the amended Terms.

Article 16 (Communications and Notices)

Any inquiries, communications, or notices from the Customer to the Company regarding the Services, as well as any notices, communications, or announcements from the Company to the Customer, including notices concerning amendments to these Terms, shall be made by the methods prescribed by the Company.

Article 17 (Assignment)

1. The Customer may not assign, transfer, create a security interest in, or otherwise dispose of any rights or obligations under the Service Agreement or these Terms to any third party without the Company's prior written consent.
2. If the Company transfers the business relating to the Services to another entity, the Company may assign to the transferee its position under the Service Agreement, its rights and obligations under these Terms, and the Customer's registration information and other customer information.
   The Customer hereby gives prior consent to such assignment.
   For the purposes of this Article, "business transfer" includes not only an ordinary transfer of business but also company splits and any other transaction resulting in the transfer of the business.

Article 18 (Severability)

If any provision of these Terms, or any part thereof, is determined to be invalid or unenforceable under the Consumer Contract Act or any other applicable law or regulation, the remaining provisions of these Terms, and the remaining portion of the affected provision, shall remain in full force and effect.

Article 19 (Governing Law and Jurisdiction)

1. These Terms and the Service Agreement shall be governed by and construed in accordance with the laws of Japan.The Customer and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply, even where the Services involve the sale of goods.
2. Any dispute arising out of or relating to these Terms or the Service Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of first instance.