Terms of Service

These Terms of Service (these "Terms") set forth the terms and conditions for the use of the "ONE &." application (the "Service") provided by andmk ("we," "us," or "our"). Registered users (the "Users") shall use the Service in accordance with these Terms.

Article 1 (Application)

These Terms shall apply to all relationships between the User and us regarding the use of the Service. In addition to these Terms, we may establish various rules and regulations for the use of the Service (the "Individual Regulations"). These Individual Regulations, regardless of their name, shall constitute a part of these Terms. If the provisions of these Terms conflict with the provisions of the Individual Regulations, the provisions of the Individual Regulations shall prevail, unless otherwise specified in the Individual Regulations.

Article 2 (Registration)

In the Service, a prospective user shall apply for registration by agreeing to these Terms and applying in the manner prescribed by us, and registration shall be completed when we approve the application. We may not approve an application for registration if we determine that the applicant has any of the following reasons, and we shall not be obligated to disclose any of the reasons:

• If the applicant has submitted false information when applying for registration
• If the application is from a person who has violated these Terms in the past
• In any other case where we deem the registration to be inappropriate

Article 3 (Management of User ID and Password)

The User shall, at their own responsibility, properly manage their user ID and password for the Service. The User may not, under any circumstances, transfer or lend their user ID and password to a third party, or share them with a third party. If a user logs in with a combination of user ID and password that matches the registered information, we will deem the use to be by the user who registered the user ID. We shall not be liable for any damage caused by the use of a user ID and password by a third party, except in cases of our willful misconduct or gross negligence.

Article 4 (Fees and Payment Methods)

The User shall pay the usage fees separately determined by us and displayed on this website for the paid portion of the Service, by the method designated by us. If the User delays payment of the usage fees, the User shall pay a late fee at a rate of 14.6% per annum.

Article 5 (Prohibited Matters)

The User shall not engage in any of the following acts when using the Service:

• Acts that violate laws or public order and morals
• Acts related to criminal acts
• Acts that infringe on the copyrights, trademark rights, or other intellectual property rights contained in the Service, such as the contents of the Service
• Acts that destroy or interfere with the functions of our servers or networks, or those of other users or other third parties
• Acts of commercially using the information obtained through the Service
• Acts that may interfere with the operation of our services
• Acts of unauthorized access or attempting to do so
• Acts of collecting or accumulating personal information, etc. concerning other users
• Acts of using the Service for fraudulent purposes
• Acts that cause disadvantage, damage, or discomfort to other users of the Service or other third parties
• Acts of impersonating another user
• Acts of advertising, soliciting, or engaging in business on the Service that we have not authorized
• Acts for the purpose of meeting unacquainted persons of the opposite sex
• Acts of directly or indirectly providing benefits to antisocial forces in connection with our services
• Any other acts that we deem inappropriate

Article 6 (Suspension of Provision of the Service, etc.)

If we determine that any of the following reasons exist, we may suspend or interrupt the provision of all or part of the Service without prior notice to the User:

• When performing maintenance, inspection, or updating of the computer system for the Service
• When it becomes difficult to provide the Service due to force majeure such as an earthquake, lightning, fire, power outage, or natural disaster
• When a computer or communication line, etc. stops due to an accident
• In any other case where we deem it difficult to provide the Service

We shall not be liable for any disadvantage or damage suffered by the User or a third party due to the suspension or interruption of the provision of the Service.

Article 7 (Restriction of Use and Cancellation of Registration)

If the User falls under any of the following, we may, without prior notice, restrict the use of all or part of the Service to the User, or cancel the User's registration:

• If the User violates any of the provisions of these Terms
• If it is found that there is a false fact in the registered matters
• If there is a default in the payment of fees, etc.
• If there is no response to our contact for a certain period of time
• If the Service has not been used for a certain period of time since the last use
• In any other case where we deem the use of the Service to be inappropriate

We shall not be liable for any damage caused to the User by the acts we have performed based on this article.

Article 8 (Withdrawal)

The User may withdraw from the Service by following the withdrawal procedure prescribed by us.

Article 9 (Disclaimer of Warranties and Limitation of Liability)

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT THE SERVICE IS FREE FROM DE FACTO OR LEGAL DEFECTS (INCLUDING, BUT NOT LIMITED TO, DEFECTS IN SAFETY, RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ETC., ERRORS OR BUGS, AND INFRINGEMENT OF RIGHTS). WE SHALL NOT BE LIABLE FOR ANY AND ALL DAMAGES INCURRED BY THE USER ARISING FROM THE SERVICE, EXCEPT IN CASES OF OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. HOWEVER, THIS DISCLAIMER DOES NOT APPLY IF THE CONTRACT BETWEEN US AND THE USER REGARDING THE SERVICE (INCLUDING THESE TERMS) IS A CONSUMER CONTRACT AS DEFINED IN THE CONSUMER CONTRACT ACT. EVEN IN THE CASE SPECIFIED IN THE PROVISO OF THE PRECEDING PARAGRAPH, WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM SPECIAL CIRCUMSTANCES (INCLUDING CASES WHERE WE OR THE USER FORESAW OR COULD HAVE FORESEEN THE OCCURRENCE OF THE DAMAGE) AMONG THE DAMAGES INCURRED BY THE USER DUE TO OUR DEFAULT OR TORT (EXCLUDING GROSS NEGLIGENCE). IN ADDITION, COMPENSATION FOR DAMAGES INCURRED BY THE USER DUE TO OUR DEFAULT OR TORT (EXCLUDING GROSS NEGLIGENCE) SHALL BE LIMITED TO THE AMOUNT OF THE USAGE FEE RECEIVED FROM THE USER IN THE MONTH IN WHICH THE SAID DAMAGE OCCURRED. WE SHALL NOT BE RESPONSIBLE FOR ANY TRANSACTIONS, COMMUNICATIONS, OR DISPUTES, ETC. THAT ARISE BETWEEN THE USER AND OTHER USERS OR THIRD PARTIES IN CONNECTION WITH THE SERVICE.

Article 10 (Changes to the Service Content, etc.)

We may, with prior notice to the User, change, add to, or abolish the content of the Service, and the User shall consent to this.

Article 11 (Changes to the Terms of Service)

We may change these Terms without requiring the individual consent of the User in the following cases:

• When the change to these Terms is in the general interest of the User.
• When the change to these Terms is not contrary to the purpose of the Service usage contract, and is reasonable in light of the necessity of the change, the appropriateness of the content after the change, and other circumstances related to the change.

When changing these Terms in accordance with the preceding paragraph, we will notify the User in advance of the fact that these Terms will be changed, the content of these Terms after the change, and the effective date thereof.

Article 12 (Handling of Personal Information)

We shall handle personal information obtained through the use of the Service appropriately in accordance with our "Privacy Policy".

Article 13 (Notice or Contact)

Notice or contact between the User and us shall be made by the method prescribed by us. Unless the User notifies us of a change in accordance with the method separately prescribed by us, we will deem the currently registered contact information to be valid and will send notices or make contact to that contact information, and these will be deemed to have reached the User at the time of sending.

Article 14 (Prohibition of Assignment of Rights and Obligations)

The User may not assign their status under the usage contract or their rights or obligations under these Terms to a third party, or offer them as security, without our prior written consent.

Article 15 (Governing Law and Jurisdiction)

The interpretation of these Terms shall be governed by the laws of Japan. In the event of a dispute regarding the Service, the court having jurisdiction over the location of our head office shall be the exclusive court of first instance.

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