Terms of service

Article 1 (Purpose)

These Terms of Use (hereinafter referred to as the ``Terms'') apply to users (hereinafter referred to as ``Users'') who use ``QUTOTEN.jp'' (hereinafter referred to as the ``Service'') operated by Entame Co., Ltd. (hereinafter referred to as the ``Company''). Users use this service after agreeing to these terms.
These Terms set forth the terms of use of this Service. All users who have registered for this service will use this service in accordance with the terms set forth in these terms, depending on conditions such as age and usage environment, in accordance with these terms.
This Agreement (as defined in Article 2) will be established between the User and the Company when the User agrees to these Terms.

Article 2(definition)

The following terms used in these Terms have the meanings set forth below.

"This Agreement": Refers to the contract for the use of this Service concluded between the Company and the User, subject to these Terms.
“User”: Refers to everyone who has registered as a user of this service.
“Product”: refers to the product that the User purchases using the Service.
"User information": Refers to the ID and password of the user registered with this service.
"Account": means the qualification that allows a User to use the Service.
“Communication equipment”: refers to smartphones, tablet terminals, and computer equipment.

Article 3(Contents of this service)

By using this service, users can purchase this product from our company.

Article 4(User registration)

Those who wish to become a user of this service can create an account by agreeing to the contents of this agreement and registering as a user according to the procedures established by our company.
If there is a change in the information registered pursuant to the preceding paragraph, the User is obligated to immediately carry out the procedures to change the registered information.
We may refuse user registration at our discretion.
Users may not use, lend, transfer, buy or sell, or pawn their account on this service to a third party.

Article 5(Purchase of this product)

If a user wishes to purchase this product, he or she will place an order in accordance with the method specified by our company, and a sales contract for this product will be established upon notification of order confirmation from our company.
We may limit the number of purchases depending on the content of this product. In this case, if there is an order that exceeds the purchase limit, we will cancel the order for this product that exceeds the limit.
Even after the sales contract set forth in Paragraph 1 has been concluded, the Company may cancel the order due to obstacles related to the import of this product or other unavoidable reasons.

Article 6(Payment of price)

After the sales contract set forth in the preceding article is established, the User shall pay for the Product in accordance with the method determined by the Company. Please note that fees related to payment shall be borne by the user.
The Company will deliver the Product after confirming the payment by the User. In addition, if the Product is returned to the Company after the Company has completed the delivery procedures for the Product due to the User's refusal to receive the Product, long-term absence, or other circumstances of the User, and if the Product is re-delivered at the User's request, a fee separately determined by the Company shall be paid.

Article 7(Transfer of ownership and assumption of risk)

Ownership of this product will be transferred from our company to the user upon completion of delivery of this product.
Any damage caused by loss or damage to the Product due to reasons not attributable to either the Company or the User, which occur after delivery is completed, shall be borne by the User. However, we will be responsible for any damage that occurs before the delivery of this product is complete.

Article 8(Return of this product)

We do not accept returns or exchanges of this product due to the user's convenience or damage after use after the order is completed.
The Company will accept returns or exchanges if the User follows the return method specified by the Company and requests the return of the product to the Company within 5 days after receiving the product, except in cases due to the user's convenience or due to damage after use. However, all of the following conditions must be met.

This product must be unused
Return the packaging and accessories of this product to the condition at the time of delivery.

If the return described in the preceding paragraph is made after the user has paid the price, the Company will refund the price after confirming that the returned item satisfies all of the conditions set forth in the preceding paragraph.

Article 9(Management regarding user information and communication devices)

Users shall prepare all equipment, communication means, transportation means, and other environments necessary to receive the Service at their own expense and responsibility. In addition, all communication costs required for using this service shall be borne by the user.
Users are responsible for managing their user information and communication equipment. The user is responsible for any damage caused by insufficient management of user information and communication equipment, errors in use, use by a third party, etc., and the Company will not be held responsible for any damage caused by the Company's intention or negligence.
If there is a risk that the User Information or communication equipment may be used by a third party, the User shall immediately notify the Company and follow the Company's instructions, if any.

Article 10(Conditions for providing this service)

Our company may suspend or change this service for maintenance etc. without notifying users.

Article 11(Intellectual property rights, etc.)

When a user posts something on this service, the user grants the company the right to use all copyrights (including the rights stipulated in Articles 27 and 28 of the Copyright Act) that may arise in part or all of the posted content, regardless of whether it is copyrighted or not, for any purpose, free of charge and without restriction.
Regardless of the method or form, users may not copy, reprint, publicly transmit, modify, or otherwise use all information and content provided through this service (hereinafter collectively referred to as "Company Content") beyond the scope of private use as stipulated in the Copyright Act.
Copyrights, patent rights, utility model rights, trademark rights, design rights, and any other intellectual property rights related to our content, as well as the right to register these rights (hereinafter collectively referred to as "intellectual property rights"), belong to us or the licensors to which we have received licenses, and do not belong to users. Furthermore, regardless of the existence of intellectual property rights, users must not copy, distribute, reprint, transfer, publicly transmit, modify, adapt, or make any other secondary use of the Company's content.
If a user violates the provisions of this article and a problem occurs, the user must resolve the problem at his or her own expense and responsibility, and take appropriate measures to avoid any disadvantage, burden, or damage to the Company.
Users will not exercise their moral rights (including publicity rights, name display rights, and identity preservation rights) against the Company, third parties who have legitimately acquired rights from the Company, and persons who have inherited rights from such third parties, with respect to any part of the published content that may be considered copyrighted works.

Article 12(Prohibited matters)

Users may not engage in any of the acts specified in the following items when using this service.

Acts that violate these Terms
Acts that infringe or may infringe on the intellectual property rights, patent rights, utility model rights, design rights, trademark rights, copyrights, portrait rights, and other property or personal rights of the Company, its licensors, and other third parties.
Acts that cause disadvantage or damage to the Company or a third party, or acts that are likely to do so.
Acts that unfairly damage the honor, rights, or trust of others, or acts that may cause such damage.
Acts that violate laws, regulations, etc.
Acts that are or may violate public order and morals, or acts that provide information that may violate public order and morals to other users or third parties.
Criminal acts, acts that lead to criminal acts, acts that encourage criminal acts, or acts that are likely to lead to criminal acts.
Acts of providing information that is contrary to the facts or information that may be contrary to the facts.
Unauthorized access to our system, falsification of program code, intentional falsification of location information, cheating using communication equipment specifications and other applications, distribution of computer viruses, and other acts that interfere with the normal operation of this service or that may interfere with the normal operation of this service.
Use macros and functions or tools that automate operations.
Acts that damage the credibility of this service or acts that are likely to do so.
Acts that may have a negative impact on the mind and body of young people and their healthy development
Acts of impersonating a third party and using this service by using another user's account or using other methods
Acts that lead or may lead to crimes such as fraud, abuse of controlled substances, illegal sale and purchase of savings accounts and mobile phones.
Acts related to criminal proceeds, acts related to terrorist financing, or acts suspected thereof.
Other acts that our company deems inappropriate.

If the Company determines that the User's actions fall under any of the items in Paragraph 1, the Company may take any or all of the following measures without prior notice.

Restrictions on the use of this service
Account deletion due to termination of this agreement
Other actions that our company reasonably deems necessary.

Article 13(Cancel)

If the user falls under any of the following items, the Company may cancel this agreement and delete the account without any notice.

If the registration information contains false information
If we have deleted your account in the past
If there is a notification from the user's heir, etc. that the user has died, or if the Company is able to confirm the fact of the user's death.
If a minor uses this service without the consent of a legal representative
If an adult ward, person under curatorship, or person under assistance uses this service without the consent of the adult guardian, curator, assistant, etc.
If you do not respond in good faith to a request from our company
In other cases that our company deems inappropriate.

In addition to the cases stipulated in each item of the preceding paragraph, the Company may cancel this Agreement and delete the Account by notifying the User at least 30 days in advance. Additionally, if a user wishes to delete their account, they can do so by following the procedures established by the Company.
Users whose accounts are deleted due to the measures set forth in Paragraphs 1 and 2 will lose the benefit of time limit upon account deletion, and will immediately fulfill all obligations owed to the Company.

Article 14(No warranty/disclaimer)

The Company does not guarantee the completeness, accuracy, effectiveness, etc. of the contents of this Service and this Product.
We do not guarantee the expected delivery date and time of this product.
When users use this service, they may be transferred from this service to other services operated by third parties related to this service (hereinafter referred to as "external services"). In that case, the User shall use the Service and the External Service at his or her own risk and expense, after agreeing to the terms of use, etc. of the External Service. Please note that our company does not guarantee the completeness, accuracy, effectiveness, etc. of the content of external services.
The Company will not be held responsible for any damages incurred by the User as a result of not changing the registered information.
Users should use this service within the scope of laws and regulations. The Company assumes no responsibility even if the User violates Japanese or foreign laws and regulations in connection with the use of this Service.
The Company does not guarantee that the Service will not be interrupted, discontinued, or have any other problems. In addition, the Company may suspend or change the Service for maintenance etc. without notifying the User, but the Company shall not be liable in any way in this case.
Even if user information is stolen due to unexpected unauthorized access, etc., the Company will not be responsible for any damage caused to the user as a result.
The Company shall not be liable for any failure to comply with all or part of this Agreement due to natural disasters, natural disasters, fires, strikes, embargoes, wars, civil disturbances, epidemics, or other force majeure events.
In the event that a user encounters any trouble with the manufacturer of this product or another user (whether inside or outside of this service) regarding the use of this service, the Company will not be held responsible, and these troubles will be resolved by the user at their own expense and burden.

Article 15(Liability for damages)

If the User causes damage to the Company in connection with violation of these Terms or use of the Service, the User shall compensate the Company for the damages (including lost profits and attorney's fees).
Notwithstanding any other provisions of these Terms except for the following paragraph, if the Company causes damage to the User due to reasons attributable to the Company, the Company shall be responsible for compensating the damage only to the extent set forth in the following items.

In the case of intentional or gross negligence on the part of the Company: the full amount of the damage
In the case of slight negligence on our part: Within the scope of actual and direct ordinary damages (excluding special damages, lost profits, indirect damages and attorney's fees), and1Up to 10,000 yen

Notwithstanding the preceding paragraph, if the User is a corporation or an individual uses the Service as a business or for business purposes, the Company shall not be liable for any damage suffered by the User in connection with the Service unless there is intentional or gross negligence on the part of the Company. In addition, if the Company compensates for damages, the most recent date from the date of occurrence of the damage shall be1The upper limit is the cumulative total of fees (including the purchase price of this product) related to the use of this service in a year.

Article 16(Abolition of this service)

The Company may discontinue the provision of the Service if the Company reasonably determines that the provision of the Service should be discontinued.
In the case of the preceding paragraph, the Company will not be held responsible unless there is intentional or gross negligence on the part of the Company.

Article 17(Confidentiality)

Users must not disclose or leak confidential information disclosed by the other party to a third party in connection with the provision of this service. Confidential information refers to technical, business, or management information of the other party disclosed in connection with the introduction of this service, regardless of whether it is in a document, electromagnetic data, orally, or in any other format, or whether or not it is confidential, indicated or explicit, or whether its scope is specified or not.
The following information shall not fall under confidential information.

Information already in possession at the time of disclosure
Information that was already publicly known at the time of disclosure, or information that subsequently became publicly known due to reasons not attributable to the individual.
Information lawfully obtained from a third party after disclosure
Information independently developed or created without relying on disclosed confidential information
Information requested to be disclosed based on legal provisions or court orders

Users may only disclose Confidential Information to those who are required to provide and improve the Service (referring to those engaged in their own work regardless of the form of contract such as employment contract, delegation contract, or outsourcing contract), joint researchers, subcontractors, external advisors, etc. who are obligated to maintain confidentiality, and shall not use it for any purpose other than the purpose of disclosure.

Article 18(Exclusion of anti-social forces)

Users represent that they do not currently fall under any of the following categories, such as an organized crime group, a member of an organized crime group, a person who has ceased to be a member of an organized crime group for less than 5 years, a quasi-member of an organized crime group, a company affiliated with an organized crime group, a corporate racketeer, etc., a social activist or a gangster with special intelligence, or any other person equivalent to these (hereinafter referred to as an "organized group member, etc."), and also warrants that they will not fall under any of the following items in the future.

Having a relationship where organized crime group members, etc. are recognized to have control over management.
Having a relationship with a member of an organized crime group, etc. that is deemed to be substantially involved in management.
Having a relationship that is deemed to involve unfair use of organized crime group members, etc., for the purpose of gaining fraudulent profits for oneself, one's own company, or a third party, or for the purpose of causing damage to a third party.
Having a relationship where it is recognized that the person is involved in providing funds, etc. or providing convenience to organized crime group members, etc.
An officer or person substantially involved in management has a socially reprehensible relationship with an organized crime group member, etc.

The User undertakes not to engage in any of the following acts, either by himself or by using a third party.

violent demands
Unreasonable demands beyond legal responsibility
Acts of threatening behavior or using violence regarding transactions
Acts of spreading rumors, using fraudulent means or force to damage the credibility of the other party, or disrupting the other party's business.
Other acts similar to the preceding items

If it is determined that the other party is a member of an organized crime group or falls under any of the items of Paragraph 1, or has committed any act that falls under any of the items of the preceding paragraph, or has made a false declaration regarding the representations and warranties pursuant to the provisions of Paragraph 1, the User may cancel this Agreement without making any demands to the other party, regardless of whether or not there is a reason attributable to the User.
The User acknowledges and agrees that if the Company terminates this Agreement pursuant to the preceding paragraph, the Company shall not be responsible for compensating the User for any damage caused to the User.

Article 19(Contact/Notification)

Inquiries regarding this service and other communications or notifications from users to the Company, notifications regarding changes to these Terms, and other communications or notifications from the Company to the users will be made by e-mail or other methods determined by the Company. Notices become effective when they are sent by our company.

Article 20(Transfer of status, etc.)

The User may not assign, transfer, set collateral, or otherwise dispose of the status under this Agreement or the rights or obligations under this Agreement, in whole or in part, to a third party without the prior written consent of the other party. However, this does not apply to stock transfers, business transfers, mergers, company splits, and other organizational reorganizations.

Article 21(Handling of personal information)

Regarding the handling of personal information in this service, please refer to the "Privacy policy”.

Article 22(separability)

Even if some of the provisions of these Terms are determined to be invalid based on laws and regulations, the other provisions of these Terms will remain valid.
Even if some of the provisions of these Terms are invalidated or canceled in relation to a user, these Terms shall remain valid in relation to other users.

Article 23(Validity period of this agreement)

The term of validity of this Agreement shall be from the time this Agreement is established until the User deletes their account. In addition, the11Article, No.13Article No.3section, section14Article to Article16Article, No.18Article No.3section and section4section, section20Article, No.22Article to Article27The provisions of Section 1 shall remain in effect even after the termination of this Agreement.

Article 24(Changes to these Terms)

Our company may change, revise, or abolish these Terms (hereinafter referred to as "Changes, etc."). In addition, in the event that these Terms of Use are changed, etc., the effective date of the changes, etc. will be determined, and users will be notified of the revised contents and effective date by an appropriate method such as displaying the changed contents and effective date on the website where this service is used, at least two weeks before the effective date.

Article 25(Governing law)

All applicable laws for these Terms shall be the laws of Japan.

Article 26(agreed jurisdiction)

　Any litigation between users and the Company shall be subject to the exclusive jurisdiction of the Tokyo District Court of first instance.

Article 27(Other)

If the Company separately stipulates details regarding matters not stipulated in these Terms, the User shall comply with such details. In this case, such details, etc. shall be integrated with these Terms.
Details, etc. will become effective from the time they are posted in the place designated by our company.
In the event that there is a conflict between the details and the contents of these Terms, these Terms shall prevail.

Supplementary provisions

September 10, 2022: Enactment and enforcement