Article 1 (Purpose)
- This Terms of Use (hereinafter referred to as "this Agreement") applies to users (hereinafter referred to as "Users") who use "Enabler" (hereinafter referred to as "this Service") operated by Inebula Corporation (hereinafter referred to as "our Company"). The User shall use the Service in accordance with this Agreement after agreeing to this Agreement.
- This Agreement sets out the terms of use of this Service. All users who register for the Service shall use the Service in accordance with the terms of this Agreement in accordance with the conditions such as age and usage environment.
- By agreeing to this Agreement, a contract (defined in Article 2) between our Company and the User is established.
Article 2 (Definitions)
The following terms used in this Agreement shall have the meanings set forth in the following items.
- "This Contract" means the Service use contract between our Company and the User concluded based on this Agreement.
- "User" means all persons who have registered for the Service.
- "User Information" means the ID and password of the User who has registered for the Service.
- "Communication Equipment" means smartphones, tablet terminals, and computer equipment.
Article 3 (User Registration)
- Those who wish to become users of this Service shall register as a user by following the procedures prescribed by our Company after agreeing to the contents of this Agreement.
- The User shall have the obligation to immediately make any changes to the registered information based on the preceding paragraph.
- Our Company may refuse user registration at its discretion.
- The User shall not use, lend, transfer, sell or purchase the account on this Service to a third party.
Article 4 (Overview of this Service)
- The User shall provide the asset agreed between the parties on this Service and entrust the management work of such asset to our Company. The detailed conditions shall be agreed between the parties.
- Our Company may allow third parties to use the asset in the preceding paragraph on this Service or on an OTA such as Airbnb, and obtain its consideration (in the case of this Service, points, and in the case of an OTA such as Airbnb, cash).
- Our Company shall pay the User the consideration obtained from the preceding paragraph after deducting the management service fee (the type of such consideration shall be determined in accordance with the classification in the preceding paragraph, and the User shall not be able to select it). The details of the calculation method of the management service fee, the payment period, etc. shall be agreed between the parties.
- The User can use the asset on this Service using the points obtained in the preceding paragraph. The asset on this Service can be confirmed on the HP of this Service.
Article 5 (Points)
- The validity period of the points in the preceding paragraph is 6 months from the date of issuance.
- If the validity period in paragraph 2 has expired, the points in the preceding paragraph will expire. In exchange for the expired points, we will grant the user EGT points (which can only be used for voting and cannot be used for asset utilization).
- Even if the user withdraws from this Service, the points in the preceding paragraph and in paragraph 2 will not expire. However, the user will no longer be able to use member-exclusive assets.
- Points cannot be converted to cash. This policy applies even if the user withdraws from this Service.
Article 6 (Reservation of Asset Use)
- When the User wishes to use the asset on this Service, the User shall make a reservation in advance. The reservation shall be made by the method prescribed by our Company such as LINE.
- The reservation in the preceding paragraph may not be accepted depending on the usage status of the asset. Our Company does not guarantee the reservation for asset usage.
- Upon completion of the reservation in paragraph 1, points for the relevant asset as described on the HP of this Service will be consumed.
- If the User cancels the reservation after completion of the reservation in paragraph 1, our Company shall refund the points consumed in the preceding paragraph after deducting the following cancellation points from the consumed points to the User.
No contact cancellation | 100% |
On the day | 100% |
1 day before | 80% |
2 to 3 days before | 50% |
4 to 7 days before | 20% |
Article 7 (Use of Assets)
- Based on the reservation under the preceding Article, the User may use the assets related to the relevant reservation.
- The User may be responsible for additional cleaning fees when using the assets. For details, please inquire at the time of the reservation under the preceding Article.
- If the User damages or defiles the assets (including movable objects such as furniture and amenities in the assets, excluding consumables), the User shall compensate the Company for the damage (including lost profits and attorney's fees) related to the damage.
Article 8 (Management of User Information and Communication Equipment)
- The User shall, at his own cost and responsibility, prepare all the environments necessary for receiving the Service, such as equipment, communication means and transportation means. Furthermore, all communication costs required for using the Service shall be borne by the User.
- The User shall be responsible for the management of User Information and communication equipment. The User shall be liable for any damage caused by inadequate management of User Information and communication equipment, errors in use, and use by third parties, and the Company shall not be liable for any such damage unless it is intentional or negligent on the part of the Company.
- If the User has a fear that User Information or communication equipment may be used by a third party, the User shall promptly notify the Company of the same and follow the instructions of the Company if any.
Article 9 (Conditions for Provision of the Service)
The Company may suspend or change the Service without notice to the User for maintenance or other purposes.
Article 10 (Intellectual Property Rights, etc.)
- If the User posts or otherwise makes available on the Service, regardless of whether the work is copyrighted, the User agrees to grant the Company the right to use, free of charge and without restriction, all copyrights (including rights provided for in Articles 27 and 28 of the Copyright Act) related to the contents posted or otherwise made available for any purpose.
- The User shall not reproduce, distribute, transmit, modify or otherwise use any information or content (hereinafter referred to as "Company Content") provided on the Service in any manner or form beyond the scope of personal use as prescribed by the Copyright Act.
- All intellectual property rights (hereinafter referred to as "Intellectual Property Rights"), including copyrights, patent rights, utility model rights, trademark rights, design rights, and other rights and registration of such rights, regarding the Company Content belong to the Company or its licensors, and do not belong to the User. Furthermore, the User shall not reproduce, distribute, transmit, transfer, modify, revise or otherwise use the Company Content regardless of the existence or non-existence of Intellectual Property Rights.
- If any problem arises due to violation of this Article by the User, the User shall, at his own expense and responsibility, resolve the problem and take appropriate measures to ensure that the Company does not suffer any disadvantage, burden or damage.
- With respect to any content that may constitute a work, the User shall not exercise the author's moral rights (including the right to publication, the right to indicate the name and the right to maintain the integrity) against the Company, third parties legitimately acquired rights from the Company and successors of such rights.
Article 11 (Prohibited Acts)
- The Company prohibits the User from engaging in the following acts in connection with the use of the Service.
- Acts in violation of these Terms and Conditions
- Acts infringing or likely to infringe the intellectual property rights, patent rights, utility model rights, trademark rights, design rights, copyrights, portrait rights, or other proprietary or personal rights of the Company, its licensors, or other third parties
- Acts causing or likely to cause disadvantage, damage or loss to the Company or third parties
- Acts defaming or likely to defame other persons or their rights or reputation
- Acts in violation of laws and regulations
- Acts contrary to public order and morality or acts likely to be so or providing information likely to be so
- Acts associated with or likely to be associated with criminal acts
- Acts providing false information or information likely to be false
- Unauthorized access to the Company's system, tampering with program codes, tampering with location information, cheating using intentionally false information, application specifications or other means, distribution of computer viruses, or other acts that interfere with the normal operation of the Service or acts likely to do so
- Use of macros and other functions or tools that automate operations
- Acts that damage the credit of the Service or acts likely to do so
- Acts that may have an adverse effect on the physical and mental health or healthy development of minors
- Acts using another User's Account or other methods that allow a third party to masquerade as a User and use the Service
- Acts related to fraud, illegal trading of savings accounts or mobile phones or acts likely to be related thereto
- Acts related to proceeds of crime or terrorism financing or acts likely to be related thereto
- Other acts that the Company deems inappropriate
- If the Company determines that the User's acts fall under any of the items of the preceding paragraph, the Company may take any or all of the following measures without any prior notice.
- Restriction of the use of the Service
- Disqualification from the Service by termination of this Agreement
- Other measures that the Company deems necessary and reasonable
Article 12 (Termination)
- The Company may terminate this Agreement without any prior notice and disqualify the User from the Service if the User falls under any of the following items.
- If the registration information contains false information
- If the User has been disqualified from the Service by the Company in the past
- If the User's heirs or successors notify the Company of the User's death or the Company confirms the User's death
- If a minor uses the Service without the consent of his legal representative
- If an adult ward, guardian or assistant uses the Service without the consent of his guardian, guardian or assistant, respectively
- If the User does not respond to the Company's request in good faith
- Other cases the Company deems inappropriate
- In addition to the cases set forth in the preceding paragraph, the Company may terminate this Agreement by giving the User prior notice at least 30 days in advance. The User may also terminate this Agreement by following the withdrawal procedure prescribed by the Company, and the Agreement shall be terminated at the end of the current month.
- A User who has been disqualified from the Service under the provisions of paragraph 1 or 2 shall immediately fulfill all obligations owed to the Company and shall lose any benefits due to the expiration of the period.
Article 13 (Disclaimer and Exemption from Liability)
- We make no warranties or representations of any kind regarding the completeness, accuracy or validity of the service provided. We also do not guarantee that the service will not be interrupted, suspended or otherwise hindered.
- In using this service, users may use other services (including crypto currency-related services operated by third parties related to the service) operated by third parties related to the service. In such cases, the user will use the service and external services upon agreeing to the terms and conditions of the external services at his/her own responsibility and expense. We make no warranties or representations of any kind regarding the completeness, accuracy or validity of the content of the external services, or regarding interruption, suspension, termination or abolition of the external services.
- We shall not be liable for any damages suffered by the user due to his/her failure to make changes to the registration information.
- The user shall use the service within the scope of the laws. We shall not be liable for any act of the user in violation of laws of Japan or any other country.
- We shall not be liable for any damages suffered by the user due to the theft of user information due to unforeseen unauthorized access or other acts.
- We shall not be liable for any non-performance of this Agreement caused by acts of God, earthquakes, fires, strikes, stoppage of trade, wars, civil commotions, epidemics or other force majeure.
- We shall not be liable for any troubles between users in connection with the use of the service, and such troubles shall be resolved by the relevant users at their own expense and responsibility.
Article 14 (Liability for Compensation for Damages)
- The user shall compensate us for any damages (including lost profits and attorney's fees) caused to us in connection with the violation of this Agreement or the use of the Service.
- Except as otherwise provided in this Agreement, we shall be liable for damages caused to the user by our intentional or gross negligence within the scope of actual direct damages (excluding special damages, lost profits, indirect damages and attorney's fees) up to the amount of the service fees for one month.
Article 15 (Discontinuation of the Service)
- We may discontinue the provision of the Service if we reasonably determine that it should be discontinued.
- We shall not be liable, except in cases of intentional or gross negligence on our part, in the case of the preceding paragraph.
Article 16 (Confidentiality)
- The user and we shall manage the confidential information (including know-how related to the Service, information related to our system, and all other confidential information related to technology or business) obtained in connection with the provision of the Service with due care and in a proper manner, and shall not disclose or provide such confidential information to third parties (including our affiliated companies and subcontractors) without the prior written consent of the other party.
- The following information shall not be regarded as confidential information:
- Information already possessed at the time of disclosure
- Information already publicly known at the time of disclosure or which becomes publicly known thereafter for reasons not attributable to the party receiving the disclosure
- Information legally obtained from a third party after disclosure
- Information developed or created independently without use of the confidential information disclosed
- Information disclosed pursuant to the provisions of laws or orders of a court
- Upon the instructions of the other party or upon the termination of this Agreement, the party receiving the confidential information shall promptly return or discard the confidential information in its original state and shall not use it thereafter.
- We shall not be liable for the handling of the confidential information of the user by our affiliated companies or subcontractors to which we have disclosed such information with the consent of the user.
- We may use the confidential information of the user for the purpose of providing the service.
Article 17 (Exclusion of Antisocial Forces)
- The User and the Company hereby state that they do not and will not in the future belong to any antisocial forces, such as gangs, former gang members who have not passed five years since their resignation from the gangs, quasi-members of gangs, companies related to gangs, sokaiya, or other similar organizations, and guarantee that they will not belong to any of the following:
- A relationship that is recognized as being dominated by antisocial forces.
- A relationship that is recognized as having a substantial involvement in the management by antisocial forces.
- A relationship in which they are considered to be unfairly using or benefiting from antisocial forces in order to gain an unfair benefit for themselves or a third party or to cause damage to a third party.
- A relationship in which they are considered to be providing funds or other benefits to, or otherwise assisting, antisocial forces.
- A relationship in which an officer or a person with substantial involvement has a socially reprehensible relationship with antisocial forces.
- The User and the Company agree not to use themselves or a third party for any of the following activities:
- Violent demands.
- Unfair demands beyond legal responsibility.
- Using threats or violence in transactions.
- Spreading rumors, using fraud, or using force to damage the credit of the other party or interfere with the other party's business.
- Other activities similar to the above.
- If it is found that the other party has made a false statement in the statement and guarantee based on Article 1 or has conducted any of the activities listed in the preceding paragraphs, the Company may, without any notice or demand to the other party and regardless of whether there is any cause for the Company to bear responsibility, terminate this Agreement.
- The User and the Company acknowledge that even if the other party suffers damages due to the termination of this Agreement as a result of the preceding paragraph, the Company shall not bear any responsibility for such damages.
Article 18 (Responding to Inquiries)
- The Company will endeavor to respond to inquiries from the User regarding the Service, but, except as required by law or this Agreement, the Company is not obligated to respond.
- The Company is not obligated to disclose the criteria for responding to inquiries from the User.
Article 19 (Transfer of Status, etc.)
Neither the User nor the Company may, without the prior written consent of the other party, assign, transfer, set up collateral, or otherwise dispose of all or part of the status based on this Agreement or the rights or obligations based on this Agreement to a third party. However, this shall not apply to the transfer of shares or the transfer of business or merger, split of company, or other organizational restructuring.
Article 20 (Handling of Personal Information)
Personal information in this Service shall be handled in accordance with the "Privacy Policy" established by the Company.
Article 21 (Separability)
- Even if part of the provisions of this Agreement is determined to be invalid under the law, the other provisions of this Agreement shall remain valid.
- Even if part of the provisions of this Agreement is invalid or cancelled in relation to a particular User, this Agreement shall remain valid in relation to other Users.
Article 22 (Measures Against Violations)
- If the User discovers a violation of this Agreement, they should contact the Company.
- The User shall not object to the Company's measures against a violation of this Agreement.
Article 23 (Term of this Agreement)
The term of this Agreement shall be five (5) years from the conclusion of this Agreement, unless otherwise agreed upon between the parties. However, if the User or the Company fail to renew this Agreement one (1) month prior to the expiration, the same conditions shall be automatically extended for one (1) month, and thereafter in the same manner. In addition, the provisions of Article 10, Paragraph 3 of Article 12, Articles 13 to 15, Paragraphs 3 and 4 of Article 17, Article 19, Article 21, this Article, Articles 25 and 26 shall remain valid after the expiration of this Agreement.
Article 24 (Amendment of this Agreement)
- The Company may change this Agreement at any time based on Article 4 of Japanese Civil Code, when any of the following applies:
- The change of this Agreement is suitable for the general benefit of the User.
- The change of this Agreement is not contrary to the purpose of the Agreement, and the necessity of the change, the appropriateness of the content after the change and other matters concerning the change are reasonable.
- When the Company changes this Agreement, the Company shall determine the effective date of the changed Agreement, and notify the User of the content of the changed Agreement and the effective date thereof by notification, display on the Service or other methods designated by the Company at least two (2) weeks prior to the effective date.
- Notwithstanding the provisions of the preceding two (2) paragraphs, if the User has used the Service after the notification of the change of this Agreement or the User has not taken the procedure for cancellation within the period designated by the Company after the notification of the change of this Agreement, the User shall be deemed to have agreed to the change of this Agreement.
Article 25 (Governing Law)
The governing law of this Agreement shall be the laws of Japan.
Article 25 (Jurisdiction)
Any and all disputes between the User and the Company shall be exclusively subject to the first instance court of Tokyo District Court.
Article 27 (Miscellaneous)
- The User shall comply with any and all detailed rules established by the Company for matters not provided for in this Agreement. In such cases, such detailed rules shall form an integral part of this Agreement.
- Such detailed rules shall become effective from the time of posting on the Company's designated website.
- In the event of any inconsistency between such detailed rules and this Agreement, this Agreement shall prevail.
Supplementary Provisions January 1, 2023: Enactment and enforcement