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Subscription Service
User Agreement

This Subscription Service User Agreement (hereinafter “Subscription Agreement”) is an agreement that specifies the terms of use, precautions to take during use, and other necessary matters between Bank of Innovation, Inc. (hereinafter “BOI”) and customers (hereinafter “User,” “Users,” or “you”) who use the subscription service (hereinafter “Subscription Service”) provided in BOI’s title MementoMori. Before using the Subscription Service, you are required to read, understand, and agree to every term written in this Subscription Agreement. If you do not agree to the Subscription Agreement, then you shall not be allowed to use the Subscription Service.

Article 1: Use and Application

  1. 1.1This Subscription Agreement is intended to specify the conditions for providing the Subscription Service, as well as the rights, obligations, and relationships between BOI and the Users regarding the use of the Subscription Service. The Subscription Agreement shall be applicable to every relationship between BOI and the Users concerning the use of the Subscription Services.
  2. 1.2The conditions for using the Subscription Service are prescribed in this Subscription Agreement, as well as in other agreements, policies, etc. Said other agreements, policies, etc., shall form part of this Subscription Agreement regardless of how said agreements, policies, etc., are named.
  3. 1.3This Subscription Agreement shall be applicable to all Users.
  4. 1.4This Subscription Agreement shall be effective once a User has started using the Subscription Service until the User cancels the Subscription Service, or the Terms of Service Agreement has been terminated.
  5. 1.5Unless specified otherwise in this Subscription Agreement, MementoMori’s separately prescribed Terms of Service Agreement shall also be applied to the relationships between BOI and the Users. Before using the Subscription Service, please ensure that you have read MementoMori’s Terms of Service Agreement. Furthermore, if there are any inconsistencies or contradictions between this Subscription Agreement and MementoMori’s Terms of Service Agreement, unless specified otherwise in this Subscription Agreement, the Subscription Agreement shall take precedence.

Article 2: Condition for Providing the Subscription Service

The Subscription Service cannot be provided to a User under the legal age of consent unless the User’s legal guardian or legal representative has agreed to this Subscription Agreement. If a User is under the legal age of consent, then the User shall acquire the consent of their legal guardian or legal representative. If a User under the age of consent uses the Subscription Service, BOI shall deem that the legal guardian or legal representative has agreed to this Subscription Agreement.

Article 3: Registration to and Renewal of the Subscription Service

  1. 3.1An individual who wishes to use the Subscription Service (hereinafter “Interested Registrant”) shall be allowed to apply for registration to the Subscription Service using the method prescribed by BOI after agreeing to comply with this Subscription Agreement. An Interested Registrant shall accurately enter or declare their most recent information in accordance with the registration procedure requested by BOI.
  2. 3.2The registration of an Interested Registrant who has applied for registration (hereinafter “Registration Applicant”) shall be evaluated by BOI in accordance with Paragraph 3.1. At the time BOI has approved the registration of the Registration Applicant, the Registration Applicant’s registration as a User shall be completed.
  3. 3.3When the registration specified in Paragraph 3.2 has been completed, a subscription service user contract (hereinafter “Contract”) will be established between BOI and the User, and the User shall become able to use the Subscription Service in accordance with this Subscription Agreement.
  4. 3.4If the Registration Applicant meets any of the conditions listed below, BOI may reject the Registration Applicant’s registration, as well as re-registration, or discontinue providing the Subscription Service to the Registration Applicant. Additionally, BOI shall not be obligated to disclose the reason as to why the Registration Applicant’s registration or re-registration was rejected, or why the provision of the Subscription Service was discontinued. BOI bears no responsibility for any damages or losses caused to the Registration Applicant that have resulted from BOI’s rejection of the Registration Applicant’s registration or re-registration, or BOI’s discontinuation of providing the Subscription Service to the Registration Applicant.
    • 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 it has been confirmed that the Registration Applicant did not acquire the consent of a legal representative, legal guardian, curator, or limited guardian to agree to the Subscription 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 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 both the Terms of Service Agreement and this Subscription Agreement, or is an individual connected with said Interested Registrant.
    • 3.4.5If the information entered by the Interested Registrant includes, in part or in full, false, inaccurate, or outdated information.
  5. 3.5The contract period of the Contract shall be prescribed separately by BOI.
  6. 3.6Each time the contract period expires, the Contract shall be automatically renewed for the same contract period with the same terms and conditions being applied thereafter.

Article 4: Fees and Methods of Payment

  1. 4.1The User shall pay a fee prescribed by BOI (hereinafter “Basic Fee”) in accordance with the User’s contract period, which was prescribed separately by BOI, as compensation for using the Subscription Service, as well as fees for any paid individual services which BOI provided to the User as options, using the method of payment designated by BOI (hereinafter “Designated Payment Method”).
  2. 4.2If the Contract is renewed based on the stipulation in Paragraph 3.6, the Basic Fee shall be automatically paid using the Designated Payment Method.
  3. 4.3If a User must pay any necessary handling fees and other costs for the payment outlined in Paragraph 4.1, then said User shall be responsible for paying said handling fees and other costs.
  4. 4.4The Subscription Service can be purchased on platforms provided by Apple and Google and shall be billed through the platform which the Subscription Service was purchased on, with that platform’s terms and conditions for payments being applied to the purchase. All Users are to read their platform’s terms and conditions for payments in its entirety before agreeing to use the Subscription Service.
  5. 4.5If there is a delay in the User’s payment outlined in Paragraph 4.1, the User shall pay BOI in overdue damages at the rate of 14.6% per year.

Article 5: Cancellation of the Contract

  1. 5.1If you wish to cancel the Contract, you shall cancel using a method described below at least 24 hours before the next renewal date. Furthermore, even if you cancel, the Basic Fee will not be prorated based on daily rates, and you shall be able to use the Subscription Service until the expiration date of the usage period even after the cancellation was made.

    • For iOS

    • 1. Open the Settings app on your device.
    • 2. Tap your name at the top.
    • 3. Tap “Subscriptions.”
    • 4. Select the subscription you wish to cancel.
    • 5. Tap “Cancel Subscription.”

    • For Android

    • 1. Go to Google Play.
    • 2. Tap your profile icon on the top right.
    • 3. Tap “Payments & subscriptions,” then select “Subscriptions.”
    • 4. Select the subscription you wish to cancel.
    • 5. Tap “Cancel subscription.”

  2. 5.2If you live in the European Union, you can cancel your subscription service within 14 days of the date of your purchase and can be issued a refund of your initial payment minus a reasonable prorated amount which covers your use of the subscription service prior to cancellation. For games which are played on platforms such as those provided by Apple or Google, please refer to the platform’s terms of payment relevant to subscriptions for more detailed information on exercising your right to cancel.

Article 6: Changes to and Termination of Services

  1. 6.1If a change or revision is made to the Terms of Service Agreement (hereinafter “Agreement”), BOI shall make an announcement in advance on BOI’s website, etc., that the 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.
  2. 6.2If BOI meets any of the conditions listed below, BOI shall be allowed to make changes to the content of the Agreement, including adding new content to the Agreement, without acquiring consent from the Users.
    • 6.2.1When the change to the Agreement accommodates the general interests of the Users.
    • 6.2.2When the change to the 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.
  3. 6.3If you use any of the services related to MementoMori (hereinafter “Services”) after a change has come into effect, BOI shall deem that you have given your irrevocable consent to the change to the Agreement.
  4. 6.4BOI does not collect additional fees from any User in relation to a User’s commencement of the Services, but when changes have been made to market conditions, BOI shall adjust the Basic Fee of the Services, as well as the usage period, and inform Users in advance from within BOI’s app, etc.

Article 7: User Responsibility

  1. 7.1You shall use the Services responsibly and shall be fully liable for every action you have performed while using the Services, as well as all results thereof.
  2. 7.2If 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 8: Limitation of Liability and Disclaimer

BOI shall not be liable for any damages or loss of profits sustained by any User when the User uses the Services, except in cases due to BOI’s intent or gross negligence.

Article 9: Applicable Law and Court Jurisdictions

  1. 9.1The Agreement and all service use contracts shall be governed by the laws of Japan.
  2. 9.2The 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 the Agreement or contracts for use of the Services.

NOTE:
This English translation is provided for reference purposes only.
If part of the translated version of this Subscription 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 31th, 2022

Bank of Innovation, Inc.

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