Terms of Service Agreement
This Terms of Service Agreement (hereinafter “Agreement”) is an agreement between Bank of Innovation, Inc. (hereinafter “BOI,” “we,” or “our”) and BOI’s customers (hereinafter “User,” “Users,” “you,” or “your”) that specifies the conditions for using every service (hereinafter “Services.” See Article 2 for details.) that relates to BOI’s title MementoMori (hereinafter “MementoMori,” or “the Game”). In order to use the Services, you are required to read, understand and agree to every term written in this Agreement.
If you are under the legal age of consent, you cannot agree to this Agreement. Instead, your legal representative, such as your parent or legal guardian, must provide their consent and agree to this Agreement.
Additionally, Users of the Services in the United States of America shall be limited to individuals who are the age of 13 or older, and individuals under the age of 13 who live in the United States of America shall not be allowed to use the Services.
Article 1: Use and Application
- 1.1This Agreement is intended to specify the rights and obligations between BOI and the Users concerning the provisional conditions of the Services, as well as the use of the Services, and the Agreement shall be applicable to every relationship and connection between BOI and the Users concerning the use of Services.
- 1.2The conditions for using the Services are prescribed in this Agreement, as well as in other agreements, policies, etc. Said other agreements, policies, etc., shall form part of this Agreement, regardless of how said agreements, policies, etc., are named.
- 1.3If any of the content in this Agreement differs from any explanations, etc., of the Services specified in said other agreements, policies, etc., then the stipulations specified in this Agreement shall take precedence.
- 1.4This Agreement shall be applicable to every User.
Article 2: Definitions
- 2.1“Services” – This pertains to every service related to BOI’s title MementoMori. This includes any individual service of which the name or content has been changed for any reason.
- 2.2“Service Use Contract” – This pertains to the contract to use the Services that will be established between the User and BOI when the User registers to use the Services in accordance with the method prescribed by BOI after agreeing to the stipulations written in this Agreement.
- 2.3“Intellectual Property Rights” – This collectively pertains to copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights. This includes the rights to acquire said rights, as well as the rights to apply to register, etc., said rights.
- 2.4“User Generated Data” – This collectively pertains to content posted, contributed, or transmitted by Users of the Services. This includes, but is not limited to, written content, imagery, video footage, and other forms of data.
- 2.5“Diamonds” – This pertains to the electronic virtual currency which is usable within the Services.
- 2.6“Game Data ID” – This pertains to the identification code set to a User in each account which enables BOI to identify and manage the User.
- 2.7“Registered Email” – This pertains to the email address that a User registers to use the Services. However, said email address shall be a usable email address that belongs to and is managed by the User.
- 2.8“Registered External Service Account” – This pertains to external service accounts, such as social media accounts, etc., that the User has linked to within the Services. However, applicable external service accounts pertain to external service accounts that the User can use and is under the User’s control.
Article 3: Registration
- 3.1An individual who wishes to use the Services (hereinafter “Interested Registrant”), upon agreeing to the terms of this Agreement, shall be able to apply for registration of the Services via the method prescribed by BOI.
- 3.2BOI shall review any possible liabilities that may incur from the Starter who has applied for registration in accordance with Paragraph 3.1 (hereinafter “Registration Applicant”). When BOI approves the registration, the Registration Applicant’s registration as a User shall be completed.
- 3.3When the registration specified in Paragraph 3.2 is completed, a Service Use Contract will be established between BOI and the User, and the User shall be able to use the Services in accordance with this Agreement.
- 3.4If BOI determines that the Registration Applicant meets any of the conditions listed below, the Registration Applicant’s registration, as well as any re-registration, may be rejected, and BOI shall not be obligated to disclose the reason as to why the Registration Applicant’s registration was rejected. BOI bears no responsibility for any damages or losses sustained by the Registration Applicant that has resulted from BOI’s rejection of the Registration Applicant’s registration or re-registration.
- 3.4.1If the Interested Registrant applied for registration without using BOI’s prescribed method as described in Paragraph 3.1.
- 3.4.2If the Registration Applicant is a minor, an adult ward, a person under curatorship, or a person under limited guardianship, and the Registration Applicant did not acquire the consent of a legal representative, legal guardian, curator, or limited guardian to agree to this Agreement.
- 3.4.3If the Registration Applicant is involved with any anti-social forces. Anti-social forces refer to organized criminal organizations and their members who make demands by using violence, intimidation, slander, and/or defamation, either as themselves or using a third party. This includes criminal and terrorist organizations; political extremist organizations; extortionist and racketeering organizations; and other similar activities. This also applies if BOI determines that the Registration Applicant is interacting with or participating with anti-social forces in any way, such as being involved with the maintenance or operations of said anti-social forces through the provision of funds, etc., or working in cooperation with the management of said anti-social forces.
- 3.4.4If BOI determines that the Interested Registrant is an individual who has breached an agreement with BOI in the past, including this Agreement, or is an individual connected with said Interested Registrant.
- 3.5Other cases in which BOI determines the registration, or re-registration, to be unsuitable, inappropriate, or improper. A User may be able to use the Services without the registration, etc., of an External Service Account. In such a case, by being provided the Services, it shall be deemed that the User has agreed to adhere to this Agreement, and that a Service Use Agreement has been established or renewed between BOI and the User.
Article 4: Management of Device, Game Data ID, Registered Email, Registered External Service Account, and Link Password
- 4.1It shall be your sole responsibility to manage the device you use for the Services. BOI shall bear no responsibility for any damage sustained by your device, including malfunctions, misplacements, theft, etc. Additionally, BOI shall bear no responsibility for any losses, hindrances, or encumbrances incurred by device malfunction, misplacement, theft, forgetfulness of Game Data ID, etc.
- 4.2You shall appropriately manage your Game Data ID, Registered Email, Registered External Service Account, and link password, and shall also be fully responsible for all actions taken while using your device and ID. You shall contact BOI immediately if your Game Data ID and link password are disclosed to a third party, or in any other case that may cause concern. At our discretion, BOI shall be allowed to suspend or terminate the use of Services of the affected Game Data ID and link password without prior notice. This includes the cancellation of User registration, as well as temporary suspension of use.
- 4.3You can register your desired Registered Email and Registered External Service Account, but if you lose access to managing said Registered Email and said Registered External Service Account, you must change to a different available Registered Email and Registered External Service Account that you can manage. BOI shall bear no responsibility for any losses, hindrances, or encumbrances that you incur for not changing your Registered Email and Registered External Service Account.
- 4.4If it is required to register a link password when using the Services, you shall make it your sole responsibility to strictly manage your password in order to prevent fraudulent use of said password. Additionally, BOI shall deem you the sole proprietor of all actions done when using your registered link password.
- 4.5Allowing a third party to use your Game Data ID, Registered Email, Registered External Service Account, and link password to the Services, as well as the lending, transfer, name change, and sales, etc., of any information thereof shall be prohibited.
- 4.6You shall be responsible for all damages and losses caused by inadequate management, misuse, third party usage, etc., of your Game Data ID, Registered Email, Registered External Service Account, and link password, and BOI shall bear no responsibility for any damages or losses thereof.
- 4.7After configuring your External Service Account, if you forget your External Service Account and/or its corresponding link password, you shall immediately inform BOI, and follow all further instructions from BOI.
- 4.8Any notification sent by BOI to your most recent Registered Email, as well as Registered External Service Account,shall be deemed delivered once it has passed the standard period required for notifications to deliver, regardless of the notification being opened or not, and regardless of any failure to deliver due to your Registered Email not being updated as specified in Paragraph 4.3.
Article 5: Maintenance of Usage Environment
- 5.1You shall be responsible for preparing, at your own expense, the necessary hardware for using the Services, as well as the means of transmission, electric power, etc., associated with the use of said hardware.
- 5.2You shall take the necessary security measures to prevent infections by computer viruses, spyware, etc., in addition to fraudulent access and information leaks via hacking, tracking, etc., depending on the environment in which you will be using the Services.
- 5.3BOI shall not be involved in, or bear any responsibility thereof, regarding the environment in which you use the Services.
Article 6: Diamonds and Other Paid Services
- 6.1If you are a minor, adult ward, a person under curatorship, or a person under limited guardianship, you can purchase Diamonds and other paid services upon receiving prior consent from your legal representative, legal guardian, curator, or limited guardian. Additionally, BOI may set temporary restrictions on the amount of money you can spend to purchase Diamonds and other paid services depending on your age. The contents of these restrictions shall be specified separately within the Game, as well as on BOI’s official website.
- 6.2You shall be issued Diamonds and other paid services by methods designated by BOI, such as regular usage of the Services, purchases, campaigns, etc.
- 6.3You shall be allowed to use Diamonds and other paid services depending only on the purchased amount of Diamonds and other paid services prescribed by BOI, payment method, and other conditions designated by BOI.
- 6.4Diamonds and other paid services can only be used with services designated by BOI, and shall not be exchangeable for real world currency or other economic benefits.
- 6.5Diamonds and other paid services shall only be usable by the Game Data ID that has obtained said Diamonds and other paid services.
- 6.6Regarding the Diamonds and other paid services you have purchased in MementoMori, if you change your device, you may still be able to restore or transfer said Diamonds and other paid services. However, BOI does not guarantee that you will be able to restore or transfer said Diamonds and other paid services.
- 6.7BOI shall not refund Diamonds and other paid services in cash for any reason, except when required by applicable law. Methods for refunds of Diamonds shall be based on applicable law, determined in accordance with applicable law, and shall be displayed within the contents of the Game, etc.
- 6.8If a dispute arises between you and your payment company regarding any payments, the dispute shall be settled solely by the parties of concern, and BOI shall bear no responsibility or involvement in said dispute.
- 6.9If you were a minor, adult ward, a person under curatorship, or a person under limited guardianship, and you used the Services after no longer qualifying as a minor, adult ward, a person under curatorship, or a person under limited guardianship, BOI shall deem that you have confirmed all legal actions concerning the use of the Services, including the purchase of Diamonds and other paid services.
- 6.10BOI acknowledges Diamonds only as a method of prepayment, as prescribed by Japan’s Payment Services Act. Additionally, content other than Diamonds, including other content purchased by using Diamonds, shall be deemed as a provision of services made by the acquisition of Diamonds, and shall not be recognized as a method of prepayment.
Article 7: Prohibitions
When using the Services, you shall not perform any acts that meet any of the conditions listed below or perform any acts BOI determines as applicable to any of the conditions listed below. If you violate of any of these prohibitions, BOI, at our discretion, may take measures such as terminate your account, suspend your usage, partially or completely delete any information found in your User Generated Data, etc., in addition to making said information unavailable to the public, etc.
- 7.1Acts that are in violation of applicable law, or actions related to criminal activity, including crime and other misconduct that may endorse, affirm, or encourage the violation of applicable law.
- 7.2Acts of using the Services for the purpose of committing acts that may be contrary or in violation to public order or morality, including acts of obscenity or lewdness; child pornography or child abuse; and so on. This includes the publishing, posting, or displaying of User Generated Data that may be contrary or in violation to public order or morality; the selling of any medium of recorded information that may be contrary or in violation to public order or morality; as well as posting or sharing links to websites that have published content that may be contrary or in violation to public order or morality.
- 7.3Acts of posting User Generated Data or using language that may be harmful or offensive to other individuals. This includes User Generated Data or language relating to extreme acts of violence and abuse; User Generated Data or language that is discriminatory and offensive regarding race, nationality, religion, gender, social status, lineage, etc.; User Generated Data or language that entices or encourages suicide, self-injury, and drug abuse; and other acts of posting User Generated Data or using language that may be harmful or offensive to other individuals.
- 7.4Acts that infringe on intellectual property rights, assets, rights to use a person’s likeness, rights to privacy, integrity, and other rights or interests of BOI, other Users of the Services, or other third parties. This includes all the acts carried out towards other Users of the Services listed below.
- 7.4.1Acts of persistent and unsolicited demands to meet directly or in-person.
- 7.4.2Acts of excessive attempts of soliciting personal information, and other forms of private information from another User.
- 7.4.3Acts that intend to generate terror by threatening to inflict harm or injury.
- 7.4.4Acts of stalking, acts of persistent pursuit, acts of sending massive amounts of messages in short periods of time, and other acts that may inconvenience Users of the Services.
- 7.5Acts of disclosing or posting contact information or other types of identifying information, such as address, telephone number, email address, etc., of any User of the Services, including oneself, or any third party to any place accessible to the public (e.g., website, magazine, etc.).
- 7.6The following acts of spam.
- 7.6.1Acts of one or more Users posting content or sending messages consisting of identical or similar User Generated Data in any place within the Services where Users can post.
- 7.6.2Acts of one or more Users citing, in any place within the Services where Users can post, multiple words or phrases that bear little to no relation to the place they are posted, as well as posting considerably long written compositions or excessive quantity of words.
- 7.6.3Acts of one or more Users posting identical URLs in any place within the Services where Users can post, as well as sending said URLs in private messages.
- 7.6.4Other acts which BOI determines to be spam.
- 7.7Acts of impersonating or misrepresenting BOI or any third party.
- 7.8Acts of using the Registered Email, Registered External Service Account, or link password of another User of the Services.
- 7.9Acts conducted with the intent to meet or solicit a relationship with an individual of the opposite gender who is not an acquaintance.
- 7.10Acts of use of the Services by a User that deviates from the restrictions of features set on said User’s usage if said restrictions have been configured based on the User’s age.
- 7.11Acts that exert excessive amounts of load onto the Services’ servers, network systems, etc.
- 7.12Acts that intentionally exploit bugs or malfunctions found in the Services.
- 7.13Acts of unauthorized access to BOI’s network, systems, etc., or attempts of unauthorized access.
- 7.14Acts of transmitting hazardous computer programs, computer viruses, etc., or creating conditions that make it possible for other individuals’ devices to be infected.
- 7.15Acts of unreasonable inquiries or requests to BOI, repetitively asking the same question more than necessary, etc., as well as acts that impede or obstruct BOI’s management of the Services or other Users’ use of the Services.
- 7.16Acts of commercial sales, marketing, advertising, solicitation, and other attempts at monetization that do not have any prior consent from BOI. This includes transactions that involve the exchange of partial or complete rights to use the Services with cash or property, or other types of benefits from property, as well as any solicitations to engage in said transactions.
- 7.17Acts of providing benefits, profits, and other forms of cooperation or aid to criminal or terrorist activities.
- 7.18Acts of engaging in religious activities, or any activities similar in nature, as well as soliciting other Users to join a religious group or organization.
- 7.19Acts of engaging in political activities, or any activities similar in nature, as well as soliciting other Users to join a political group or organization.
- 7.20Acts of collecting and disclosing the personal information of any individual without that individual’s consent, in addition to obtaining said personal information through fraudulent means.
- 7.21Acts that cause any disadvantages, hindrances, losses, damages, or discomfort to BOI, other Users of the Services, and other third parties.
- 7.22Acts of developing, distributing, and using programs with the intent to unfairly use the Services, including making use of illegal tools, illegal applications, cheat tools, and other tools that are unaffiliated or unconnected with BOI while using the Services, as well as the endorsement of said tools to a third party, and the creation, provision, etc., of any identical or similar service to our Services.
- 7.23Acts that provide Registered Emails or Registered External Service Accounts, as well as any accompanying information to use said Registered Emails or Registered External Service Accounts for the Services to third parties for use, loaning, transferring, name change, selling, etc.
- 7.24Acts that aid or encourage any acts that would meet any of the conditions written above.
- 7.25Any other acts that BOI determines as unsuitable, inappropriate, or improper.
Article 8: Suspension or Interruption of Service
- 8.1If any of the conditions listed below are met, BOI may partially or completely suspend or interrupt the Services.
- 8.1.1When conducting inspection or maintenance on a computer system involved with the operations of the Services.
- 8.1.2When use of computers, communication lines, etc., is suspended due to an accident, fraudulent or unauthorized access by a third party, infection of a computer virus, etc.
- 8.1.3When the Services cannot be operated or managed due to unpreventable circumstances such as earthquakes, lightning strikes, fire, damage caused by storms and/or floods, blackouts, infectious disease, natural disasters, etc.
- 8.1.4When the Services cannot be operated or managed due to war, civil unrest, insurrections, riots, labor disputes, labor strikes, etc.
- 8.1.5When the Services cannot be operated or managed due to measures placed in accordance with applicable law.
- 8.1.6Other circumstances in which BOI determines suspension or interruption of the Services to be necessary.
- 8.2If the provision of the Services is suspended or interrupted due to any of the conditions listed above, BOI shall notify all Users through BOI’s official website, etc., in advance. However, this may not apply in cases of emergencies.
- 8.3BOI shall bear no responsibility for any damages caused to you due to any measure taken based on the conditions listed in this Article.
Article 9: Attribution of Rights
- 9.1All intellectual property rights related to the Services belong to BOI and our licensors, and the license to use the Services based on this Agreement does not equate to having the license to use any intellectual property rights related to the Services that belong to BOI and our licensors.
- 9.2You shall assert and guarantee to BOI that you possess the legal rights to the User Generated Data that you post or transmit within the Services, and that your User Generated Data does not infringe on the rights of any third parties.
- 9.3The Services may include a feature that would enable multiple Users to edit, post, revise, delete, share, append, etc., your User Generated Data. In such cases, you shall give consent to other Users editing your User Generated Data.
- 9.4You shall permit BOI the license to use any User Generated Data you post within the Services without compensation, time limit, or regional restrictions. You shall also agree not to exercise your moral rights against BOI, as well as any individuals who have inherited or have been granted any rights from BOI.
Article 10: Deletion of Registration
- 10.1If you meet any of the conditions described below, BOI reserves the right to delete your User Generated Data or temporarily suspend your use of the Services, in addition to deleting your registration as a User or terminating your Service Use Contract without prior notice or notification.
- 10.1.1If you have breached or violated any of the Articles in this Agreement.
- 10.1.2If your User registration is confirmed to be misinformative, fraudulent, or disingenuous, or if any item in your User registration is confirmed to be neither true nor accurate in representing your most recent information.
- 10.1.3If you have declared that your payments have become suspended or are facing a state of insolvency, or have initiated any processes regarding declaring bankruptcy, civil rehabilitation, corporate rehabilitation, liquidation, or any similar processes.
- 10.1.4If more than one hundred and eighty (180) days have passed since the last day you accessed the Services.
- 10.1.5If you have failed to respond to inquiries or other requests for correspondence from BOI for a period of thirty (30) days or more.
- 10.1.6If you meet any of the conditions specified in Paragraph 3.4 of Article 3.
- 10.1.7If there are any other cases in which BOI determines that your use of the Services, your registration as a User, or your compliance of the Service Use Contract is not appropriate, adequate, or fair.
- 10.2If you meet any of the conditions listed above in Paragraph 10.1, all deadlines concerning any debts owed to BOI shall appropriately be voided, and you shall be required to immediately repay all debts owed to BOI.
- 10.3BOI shall bear no responsibility for any damages or losses caused to you due to any action taken based on the conditions listed in this Article.
Article 11: Withdrawal from Services
- 11.1You shall be allowed to delete your registration as a User and withdraw from the Services by notifying BOI using BOI’s prescribed method of cancellation. However, the timing in which your Game Data ID, etc., will be deleted shall be at the discretion of BOI.
- 11.2When you withdraw from the Services, if you owe any debts to BOI, then all deadlines concerning said debts shall appropriately be voided, and you shall be required to immediately repay all debts owed to BOI.
- 11.3The handling of your User information after you have withdrawn from the Services shall abide to the stipulations specified in Article 17.
- 11.4All your rights of usage regarding the Services shall be terminated at the time you withdraw from the Services, regardless of reason. Please take caution; even if your withdrawal from the Services was conducted by mistake, your Game Data ID cannot be restored.
Article 12: Changes to and Termination of Services
- 12.1At our discretion, BOI reserves the right to make changes to the content of Services, as well as end the provision of the Services altogether. Furthermore, if BOI ends the provision of the Service, BOI shall notify all Users in advance (hereinafter “Advance Notice of Termination of Services”).
- 12.2BOI shall bear no responsibility for any damages or losses caused to you due to any measures taken based on the stipulations specified in this Article.
- 12.3If the provision of Services is terminated and BOI is to issue any refunds based on Paragraph 6.7 of Article 6 of this Agreement, out of the Diamonds you have already purchased, only the monetary equivalent of unspent Diamonds shall be refunded. However, Users eligible for a refund (hereinafter “Refund Recipients”) shall be limited to Users who have submitted a refund request, of which the procedure will be specified by BOI in the Advance Notice of Termination of Services, within the refund request acceptance period (a time period set in accordance with applicable law) which will also be specified by BOI in the Advance Notice of Termination of Services. Additionally, BOI’s method for issuing refunds to Refund Recipients shall be limited to the method designated by BOI.
Article 13: User Responsibility
- 13.1You shall use the Services responsibly and shall be fully responsible and liable for every action you have performed while using the Services, as well as all results thereof.
- 13.2You shall be fully responsible and liable for all User Generated Data you post when using the Services.
- 13.3You shall acknowledge that BOI has no duty or obligation to save any information of the User Generated Data, etc., you post when using the Services, and you shall backup any necessary information of your User Generated Content, etc., at your discretion.
- 13.4If BOI recognizes that you are using the Services in violation of this Agreement, BOI shall take measures that BOI determines as necessary and reasonable. However, BOI shall not bear any obligation towards you involving the prevention or correcting of any violations to this Agreement.
- 13.5If there are cases that arise from your misuse of the Services, including cases in which BOI receives formal complaints from third parties due to said misuse, and said misuse results in BOI incurring damages or losses in any way, including legal expenses, you must immediately compensate said damages or losses to BOI in accordance with any claims or billings sent from BOI.
Article 14: Limitation of Liability and Disclaimer
- 14.1BOI does not guarantee in any way that the Services will accommodate any specific goals or intentions of the Users; possess anticipated features, commercial value, accuracy, or usefulness; that the use of the Services complies to laws and regulations applicable to every User, in addition to the internal regulations of industry trade associations; or that the Services will be free of any bugs or malfunctions.
- 14.2BOI shall not be involved with communications or activities between the Users of the Services. If a dispute arises between Users, said dispute shall be settled solely by the parties concerned, and BOI shall not be involved, responsible, or liable in any way, shape, or form. However, in order to safely operate and improve the Services, BOI reserves the right to survey and monitor any User who may be violating this Agreement, and measures may be taken if BOI determines them to be necessary and reasonable.
- 14.3BOI shall bear no obligation to monitor or survey any User Generated Data that is posted by Users, or to save, store, or backup said information.
- 14.4BOI shall not be liable for any interruptions, suspensions, termination, moments of inoperability, or changes regarding the provision of the Services; the deletion or loss of information or User Generated Data posted to the Services; the deletion of User registration; any deletion of registered data due to the use of the Services, as well as device inoperability or damage; and any other damage caused to the User that relates to use of the Services (hereinafter “User Damages”). However, this disclaimer shall not apply if any contract between BOI and the User related to the Services (including this Agreement) becomes a consumer contract, as established by Japan’s Consumer Contract Act.
- 14.5Provided the stipulation in the preceding Paragraph, BOI shall bear no responsibility to compensate for any User Damages exceeding the amount of compensation paid by the User to BOI within the past one hundred and eighty (180) days. Additionally, BOI shall bear no responsibility to compensate for any Diamonds used by the User. Furthermore, BOI shall bear no responsibility to compensate for any incidental damages, indirect damages, special damages, future damages, as well as damages to lost profits.
Article 15: Confidentiality
You shall confidentially handle any non-public information that relates to the Services disclosed by BOI that BOI has requested Users to keep confidential, unless given prior written consent from BOI.
Article 16: Handling of Advertisements
BOI shall be allowed to insert advertisements from BOI and any third parties into the Services.
Article 17: Handling of User Information
- 17.2At our discretion (on the condition that everything abides to Japan’s Act on the Protection of Personal Information), BOI shall be allowed to make use of or make available to the public any information, data, etc., that you provide to BOI as statistical information that cannot identify any specific individual, and you shall consent to said usage without objection.
Article 18: Changes to this Agreement
- 18.1If a change or revision is made to this Agreement, BOI shall make an announcement in advance on BOI’s website, etc., that this Agreement will be changed or revised, as well as details of the changed content, and the period when the change or revision comes into effect.
- 18.2If BOI meets any of the conditions listed below, BOI shall be allowed to make changes to the content of this Agreement, including adding new content to this Agreement, without acquiring consent from the Users.
- 18.2.1When the change to the Terms of Service Agreement accommodates the general interests of the Users.
- 18.2.2When the change to the Terms of Service Agreement does not contradict the purpose of any contract and is reasonable when considering the necessity of the change, the appropriateness of the changed content, and other circumstances related to the change.
- 18.3If you use the Services after a change has come into effect, BOI shall deem that you have given your irrevocable consent to the change to this Agreement.
Article 19: Contact and Notifications
All inquiries and other forms of communication, notification, etc., from Users to BOI regarding the Services, and all forms of communication or notifications from BOI to Users shall be conducted using the method designated by BOI.
Article 20: Assignment of Status on Service Use Contract
- 20.1You shall be prohibited to assign, transfer, lend, or otherwise dispose of your status as indicated on the Service Use Contract, as well as your rights or obligations based on this Agreement to any third party without prior written consent from BOI.
- 20.2If BOI transfers the businesses related to the Services to another company, BOI shall be allowed to transfer your status that is indicated on the Service Use Contract; your rights and obligations based on this Agreement; all items in your User registration, in addition to your User information, to the transferee due to said transfer of businesses, and you shall provide prior consent via this Paragraph due to said transfer. Furthermore, the transfer of businesses specified in this Paragraph shall include not only the standard transfer of businesses, but also all cases of corporate spin-offs and transfers of operations.
Article 21: Possibility of Severability
If any Article in this Agreement, in part or in full, is deemed invalid, void, unlawful, or unenforceable in accordance with Japan’s Consumer Contract Act or other applicable laws, then said Article shall be deemed severable and be exempt, in part or in full, and will not affect the complete validity, lawfulness, or enforceability of the Articles that remain in this Agreement.
Article 22: Applicable Law and Court Jurisdictions
- 22.1Japanese shall be the official language of this Agreement and the Service Use Contract, and this Agreement and the Service Use Contract shall be governed by the laws of Japan.
- 22.2The Tokyo District Court shall be the exclusive court with jurisdictional control over all disputes between you and BOI that arise from or are related to this Agreement and/or Service Use Contract.
This English translation is provided for reference purposes only.
If part of the translated version of this Agreement conflicts with the original Japanese version, the original Japanese version shall take precedence, unless if it is in accordance with the laws of each country.
Agreement established on August 31st, 2022
Bank of Innovation, Inc.