Terms of service

EC Site Terms of Service

Article 1 (Purpose)

1. All clients (hereinafter referred to as “User”) that use “nairo” (hereinafter referred to as “Service”), operated by gf.X Co., Ltd. (hereinafter referred to as “we”, “us”, or “our”, as the case may be) are deemed to have agreed on this Terms of service (hereinafter referred to as “Terms”).

2. Terms set forth the terms and conditions of use for Service. All User who register for Service shall use the Service in accordance with Terms, and in accordance with the conditions stipulated in Terms according to the conditions such as age and usage environment.

3. By agreeing to Terms, User establish this Agreement (defined in Article 2) with us.

Article 2 (Definitions)

The following terms used in Terms shall have the meanings set forth in the following items.

(1) "Agreement": Refers to the contract for the use of Service concluded between us and User on the terms of this Terms.

(2) "User": All registered users of Service.

(3) "Products": Refers to products purchased by User using Service.

(4) "User Information": Refers to the ID and password of User registered with Service.

(5) "Communication Devices": Refers to smartphones, tablet devices and computer devices.

Article 3 (Contents of the Service)

User may purchase Products from us by using Service.

Article 4 (User Registration)

1. A person who wishes to become a User of Service shall agree to the terms of Agreement and register as a User in accordance with the procedures specified by us.

2. If the information registered under the preceding paragraph is changed, the User is obliged to immediately take procedures to change the registered information.

3. We may refuse user registration at our own discretion.

4. User may not use, lend, transfer, sell, or pledge their account on Service to any third party.

Article 5 (Purchase of Products)

1. If a User wishes to purchase Products, the User shall place an order for the Products in accordance with the method specified by us, and the sales contract for the Products shall be formed upon notification of order confirmation by us.

2. Depending on Products, the number of Products to be purchased may be limited. Orders exceeding the limit will be canceled.

3. We may cancel an order even after the sales contract in paragraph 1 has been formed due to obstacles related to the import of the Product or other unavoidable reasons.

Article 6 (Payment)

1. User shall pay for the Product in accordance with the method determined by us after the sales contract in the preceding article is formed. In addition, the fee related to payment shall be borne by User.

2. We will deliver Products after confirmation of payment by User. Please note that after we have completed the delivery procedure for Products, if the Products are returned to us due to the User's refusal to receive it, long-term absence, or other reasons of User, we will charge a fee separately determined by us for re-delivery to the User.

Article 7 (Transfer of Ownership and Assumption of Risk)

1. Ownership of Products shall be transferred from us to User upon completion of delivery of Products.

2. Any loss or damage to Products caused by reasons beyond the control of either us or User shall be borne by us if such damage occurred prior to the completion of delivery of Products, and by User if such damage occurred after the completion of delivery of Products.

Article 8 (Return of Products)

1. We do not accept returns or exchanges of Products due to the convenience of User after the order has been confirmed.

2. Regardless of the preceding paragraph, we will accept returns or exchanges only if Products are damaged or misdelivered. However, it is necessary to meet all the following conditions.

(1) Products must be unused.

(2)The package and accessories of Products must be returned to the original condition at the time of delivery.

3. In the event of a return under the preceding paragraph after payment has been made by User, we will refund the purchase price after confirming that the return meets all of the conditions in the preceding paragraphs.

Article 9 (Management of User Information and Communication Devices)

1. User shall, at its own expense and responsibility, provide all necessary equipment, means of communication, means of transportation, etc. to receive Service. In addition, all communication expense necessary for using Service shall be borne by User.

2. User shall be responsible for the management of User's information, and communication devices. User shall be responsible for any damage caused by insufficient management of User's information, and communication devices, error in use, or use by a third party, etc. We shall not be liable for any damage whatsoever unless there is intentional or negligence on our part.

3. If there is a possibility that a third party may use User information or communication devices , User shall immediately notify us to that effect and comply with our instructions, if any.

Article 10 (Conditions for Providing Service)

We may suspend or change Service for maintenance or other reasons without notifying User.

Article 11 (Intellectual Property Rights, etc.)

1. By making any postings on Service, you agree to grant us the right to use all copyrights (including the rights stipulated in Articles 27 and 28 of the Copyright Act) that may arise in relation to all or part of the posted content, regardless of whether or not the content is copyrighted, for any purpose, free of charge and without limitation.

2. User may not duplicate, reprint, publicly transmit, modify, or otherwise use any information or content provided in Service (hereinafter collectively referred to as "Our Content") in any method or form beyond the scope of personal use as stipulated in the Copyright Act.

3. Copyrights, patent rights, utility model rights, trademark rights, design rights and any other intellectual property rights related to Our Content, and the right to receive registration of these rights (hereinafter collectively referred to as "intellectual property rights") belong to us or our licensors, and not to User. In addition, regardless of the existence of intellectual property rights, User must not duplicate, distribute, reprint, transfer, publicly transmit, modify, adapt or otherwise use secondary use of Our Content.

4. If a problem arises as a result of User's violation of the provisions of this Article, User shall resolve the problem at User's own expense and responsibility, and shall take appropriate measures so as not to cause any disadvantage, burden, or damage to the Company.

5. User may not exercise moral rights (including the right of publication, the right of name attribution, and the right of identity preservation) against us, third parties who have legitimately acquired the rights from us and those who have inherited the rights from the third parties, with respect to any part of the posted content that may be a copyrightable work.

Article 12 (Prohibitions)

1.We prohibit the following acts in the use of the Service by User.

(1) Acts that violate Terms

(2) Acts that infringe or may infringe the intellectual property rights, patents, utility model rights, design rights, trademarks, copyrights, portrait rights, or other proprietary or personal rights of us, licensors licensed by us or other third parties

(3) Acts that cause or may cause disadvantage or damage to us or a third party

(4) Acts that unjustly damage or may damage the honor, rights, or credibility of others

(5) Acts that violate laws, regulations, or ordinances

(6) Acts that against or may against public order and morals, or actions that provide information to other Users or third parties that may against public order and morals

(7) Criminal acts, acts that lead to or encourage criminal acts, or acts that may lead to or encourage criminal acts

(8)Acts that provide information that is or may be contrary to the truth

(9) Unauthorized access to our system, falsification of program code associated with such access, intentional falsification of location information, cheating using communication devices specifications or other applications, distribution of computer viruses, or other acts that interfere or may interfere with the normal operation of Service

(10) Use of macro, or functions or tools that automate operations

(11) Acts that damages or may damage the credibility of Service

(12) Acts that may adversely affect the mental and physical health development of young people.

(13) Acts that impersonate a third party to use Service by using other Users' accounts or other means

(14) Acts that lead or may lead to crimes such as fraud, abuse of controlled substances, illegal sale or purchase of savings accounts and cell phones

(15) Actions related or may be suspected to criminal proceeds or terrorist financing

(16) Other acts that we deem inappropriate.

2. If we determine that act of User falls under any of the items in Paragraph 1, we may take any or all of the following actions without prior notice.

(1) Restriction of use of Service

(2) Delete account by cancellation of Agreement

(3) Any other acts that we reasonably deem necessary.

Article 13 (Cancellation of Contract)

1. We may cancel Agreement and cancel account of User without prior notice in the case that User falls under any of the following items.

(1) If the registration information contains false information

(2) If User has been previously cancelled account by us

(3) If User's heirs, etc. inform us that User has died, or if we are able to confirm the fact of User's death

(4) When a minor uses Service without the consent of a legal representative

(5) When an adult ward, person under curatorship, or person under assistance uses Service without the consent of the adult guardian, person under curatorship, or person under assistance

(6) If Users does not respond sincerely to a request from us

(7) In the event that we otherwise deem inappropriate

2. In addition to the cases specified in the preceding paragraphs, we may terminate Agreement and cancel account of User by giving the User 30 days' prior notice. In addition, if User desire to cancel the membership, User may cancel Agreement and cancel the account at the end of month by following the cancellation procedure determined by us.

3. User who cancel the account in accordance with the measures in Paragraphs 1 and 2 shall forfeit the benefit of the term upon cancellation, and shall immediately fulfill all obligations owed to us.

Article 14 (Non-warranty and Disclaimer)

1. We make no warranties as to the completeness, accuracy, effectiveness, etc. of the content of Service and Products.

2. We make no warranties as to the scheduled delivery date of Products.

3. When User use Service, they may switch from this Service to another service operated by a third party related to this Service (hereinafter referred to as "external service"). In that case, the User agrees to the terms of use of the external service at his/her own responsibility and expense, and uses this Service and the external service. In addition, we do not guarantee the completeness, accuracy, effectiveness, etc. of the content of the external service.

4. We shall not be liable for any loss or damage incurred by User due to failure to change the registration information.

5. User shall use Service within the scope of laws and regulations. We shall not be liable for any infringement of Japanese or foreign laws and regulations by the User in connection with the use of Service.

6. We do not guarantee that Service will be free from interruption, suspension, or other failure. In addition, we may suspend or change Service for maintenance or other reasons without notice to User, for which we assume no responsibility.

7. Even in the event that User information is stolen due to unexpected unauthorized access or other unforeseen acts, we shall not be liable for any damages caused to the User as a result of such theft.

8. We shall not be liable for any failure to fulfill all or part of this Agreement due to natural disasters, earthquakes, fires, strikes, embargoes, wars, civil unrest, epidemics of infectious diseases, or other force majeure.

9. We shall not be liable for any troubles (whether inside or outside Service) between Users and manufacturers of Products or other Users in connection with the use of Service, and such troubles shall be settled by such Users at their own cost and expense.

Article 15 (Liability for Damages)

1. In the event that User cause damages to us in connection with a breach of Terms or use of Service, User shall indemnify us for any damages (including lost profits and attorney's fees) incurred by us.

2. Notwithstanding any other provision of this Agreement except the following paragraph, in the event that we cause damages to User for reasons attributable to us, we shall be liable for compensation for such damages only to the extent specified in each of the following items.

(1) In the case of intentional or gross negligence on our part: the full amount of such damages

(2) In the event of slight negligence on our part: ordinary damages that occur actually and directly (excluding special damages, lost profits, indirect damages and attorneys' fees) and up to 10,000 yen

3. Notwithstanding the preceding paragraph, in the event that User is a corporation or an individual uses Service as a business or for business purposes, we shall not be liable for any damages incurred by such User in relation to Service, unless such damages are caused by the intentional or gross negligence of us. In the event that we compensates for damages, the upper limit of our liability shall be the cumulative total amount of usage fees for the most recent one (1) year from the date of occurrence of the damages.

Article 16 (Discontinuation of Service)

1. We may discontinue the provision of Service when we reasonably determines that the provision of Service should be discontinued.

2. In the case of the preceding paragraph, except in the case of willful misconduct or gross negligence on our part, we shall assume no responsibility whatsoever.

Article 17 (Confidentiality)

1. User and we must not disclose or leak any confidential information disclosed by the other party to a third party in connection with the provision of Service. Confidential Information shall mean other party's technical, business or management information disclosed in relation to the introduction of Service, regardless of whether it is in writing, electromagnetic data, oral or other format, or whether there is a confidential indication or explicit indication, or whether the scope is specified.

2. The following information shall not be classified as confidential information.

(1) Information already in the possession of own at the time of disclosure

(2) Information that was already in the public domain at the time of disclosure or information that subsequently became public knowledge for reasons not attributable to own

(3) Information lawfully obtained from a third party after receiving the disclosure

(4) Information developed or created independently without the disclosed confidential information

(5) Information that is required to be disclosed by law or court order.

3. User and we shall disclose the Confidential Information to officers and employees who are required to provide and improve the Service (persons engaged in their own work regardless of the type of contract, such as an employment contract, a delegation contract, or an outsourcing contract), joint researchers, subcontractors, external advisors, etc., who are obliged to maintain confidentiality, and shall not be used for any purpose other than the purpose of disclosure.

4. In the event of termination of this Agreement due to termination of Services, termination of this Agreement, or any other reason, User and we shall promptly return or dispose of the Confidential Information in accordance with the instructions of the other party. In disposing of the Confidential Information, User and we shall use a method that does not allow the Confidential Information to be reused.

Article 18 (Exclusion of Anti-Social Forces)

1. User and we represent and warrant that we do not currently fall under the category of Anti Social Forces(organized crime groups), Anti Social Forces members, persons who have been Anti Social Forces members for less than 5 years, semi-regulars of Anti Social Forces, related companies of Anti Social Forces, corporate racketeer, etc., politically-branded racketeering organization or other similar persons (hereinafter referred to as "Anti Social Forces”), and we not fall under any of the following items, and will not fall under any of the following items in the future.

(1) Having a relationship in which Anti Social Forces is deemed to control the management

(2) Having a relationship in which it is deemed that Anti Social Forces is substantially involved in the management

(3) Having a relationship that is recognized as unjustly using Anti Social Forces for the purpose of making unjust profits for oneself, one's own company, or a third party, or for the purpose of inflicting damage on a third party, etc.

(4) Having a relationship that is deemed to involve Anti Social Forces such as providing funds, etc., or offering favors, etc. to Anti Social Forces

(5) Having a relationship that executive officer or a person substantially involved in the management of the company has a socially reprehensible relationship with Anti Social Forces

2. User and we shall ensure that User and we will not commit any of the following acts by ourselves or through the use of a third party.

(1) Violent demanding acts

(2) Unreasonable demands beyond legal responsibility

(3) Threatening words or deeds or using violence in connection with transactions

(4) Spreading false rumors, using deceptive means or force to damage the other party's credibility or obstruct the other party's business

(5) Any other acts similar to the preceding items.

3. If it is found that the other party is a member of Anti Social Forces or falls under any of the items of Paragraph 1, or commits any act falling under any of the items of the preceding paragraph, or makes a false declaration regarding the representations and warranties under Paragraph 1,User or we may terminate this Agreement without any notice to the other party, regardless of whether or not the termination is attributable to User's own fault.

4. In the event that this Agreement is terminated in accordance with the preceding paragraph, User and we acknowledge and agree that we shall not be liable to compensate the other party for any damages incurred by the other party.

Article 19 (Communication and Notification)

Inquiries concerning Service and other communications or notifications from User to us, as well as notifications concerning changes to Terms and other communications or notifications from us to User, shall be made by e-mail or other means determined by us. Notices shall become effective upon transmission from us.

Article 20 (Assignment of this Agreement)

Neither User nor we may assign, transfer, set collateral, or otherwise dispose of the whole or any part of position under this Agreement or rights or obligations under this Agreement to a third party without the prior written consent of the other party. However, this shall not apply to stock transfers, business transfers, mergers, corporate split-up, and other reorganizations.

Article 21 (Handling of Personal Information)

Personal information in Service shall be handled in accordance with the "Privacy Policy" set forth by us.

Article 22 (Severability)

1. Even if some of the provisions of Terms determined to be invalid under the law, the other provisions of Terms shall remain valid.

2. If any provision of Terms is held invalid or revoked in relation to one User, Terms shall remain valid in relation to the other User.

Article 23 (Term of Validity of Agreement)

The term of validity of Agreement shall be from the time of formation of this Agreement until the User cancel this Agreement. The provisions of Article 11, Article 13, Paragraph 3, Articles 14 through 16, Article 18, Paragraphs 3 and 4, Article 20, and Articles 22 through 27 shall remain in effect after the termination of this Agreement.

Article 24 (Modification of Terms)

1. We may modify Terms at any time in accordance with Article 548-4 of the Civil Code, if any of the following items applies. After the Terms have been modified, the modified Terms shall apply to this Agreement.

(1) When the modification of Terms conforms to the general interests of User

(2) When the modification of Terms is not contrary to the purpose for which the agreement was made, and is reasonable in light of the necessity of the modification, the reasonableness of the modified contents, the details thereof, and other circumstances pertaining to the modification

2. In the event of modification of Terms, we shall specify the effective date of the modified Terms, and shall notify User of the contents and effective date of the modified Terms at least two weeks prior to the effective date of the modification, by displaying the modified Terms on Service, or by other methods prescribed by us.

3. Notwithstanding the provisions of the preceding two paragraphs, if User uses the Service after the changes are made known to User in the preceding paragraph, or if the User does not take the necessary procedures for cancellation within the period specified by us, such User shall be deemed to have agreed to the changes in Terms.

Article 25 (Governing Law)

This Terms shall be governed by and construed in accordance with the laws of Japan.

Article 26 (Jurisdiction)

All lawsuits between the User and us shall be subject to the exclusive jurisdiction of the Tokyo District Court of Japan in the first instance.

Article 27 (Others)

1. User shall comply with any additional terms and conditions that are not stipulated in Terms. In this case, such details shall become a part of this Terms.

2. The details shall take effect from the time they are posted in the designated section of our website.

3. In the event of any inconsistency or conflict between the details and Terms, the Terms shall prevail.

Supplementary Provisions

March 2, 2022: Enacted and Enforced