Article 1

1. These Terms govern the Services provided by BroadBand Japan Co., Ltd. (referred to as "the Company") on this website and define the terms of use. Customers who use the Services must comply with these Terms. These Terms apply to all relationships related to the use of the Services between the Customer and the Company. In addition, any specifications, usage methods, precautions, restrictions, and other matters related to the Services that are published on the Company's website or notified individually (referred to as "Individual Rules") shall constitute a part of these Terms, regardless of their name. If there is any provision in the Individual Rules that contradicts or conflicts with these Terms, the Individual Rules shall take precedence over these Terms.

(Application)
Article 2

1. The Company may change these Terms without the individual consent of the customer in the following cases:
1. When the change conforms to the general interest of customers.
2. When the modification does not contravene the purpose of the User Agreement and is reasonable in light of the necessity of the modification, the appropriateness of the content after modification, and other circumstances related to the modification.


2. When changing the Terms of Use, the Company will notify the Customer in advance of the content of the modified Terms of Use, the effective date of the changes, and the method of notification, in accordance with the provisions of these Terms. After the effective date of the change, the customer will be deemed to have agreed to the changed Terms of Use, and the changed Terms of Use will be applied to the usage contract.
   If the Customer reasonably recognizes that any change to these Terms would be disadvantageous, the Customer may cancel the contract by notifying the Company in writing within 30 days from the date of receipt of the notice of such change. In such case, the usage contract shall be terminated on the day before the effective date of the change.

(Application for usage contract)
Article 3

1. The application for a usage contract can be made either (i) by submitting an application form or (ii) through this website.
   When submitting an application form, the customer must agree to this agreement, fill in all the required information in the application form specified by the Company, sign it, and submit it to the Company.
   When applying through this website, the customer must agree to this agreement, fill out all the required information on the application form displayed on this website, and follow the instructions displayed on the screen to transmit the information.
   The Company may impose restrictions or conditions on the types, kinds, or conditions of Services that can be used by the Customer. The Customer must confirm such restrictions and conditions before applying for a usage contract.
   By submitting an application under paragraphs 3 and 4, the customer is deemed to have agreed to the terms of this agreement.

(Establishment of usage contract)
Article 4

1. After receiving the application form under the preceding article, the Company will examine it according to its own standards and approve it if deemed appropriate.
   The Company may refuse to approve an application if any of the following circumstances apply or are likely to apply:
1. The customer did not follow the application procedure prescribed by the Company.
2. The customer failed to provide the necessary information specified by the Company for the provision of the Service.
3. The customer failed or is likely to fail to pay service fees or other expenses.
4. The application form or other documents submitted by the customer contain false names, false information, errors, or omissions.
5. The customer or user is likely to engage in prohibited acts under Article 8, or if there is a risk of doing so.
6. The customer is likely to fall under any of the items in paragraphs 2 or 3 of Article 18, or if there is a risk of doing so.
7. Business or technical problems occur or are likely to occur in providing the Service.
8. The customer is likely to use the Service in a way that obstructs or damages the Company or a third party.
9. The customer or their representative had their usage contract or other service contract with the Company cancelled in the past, or the provision of the Service or other services provided by the Company was suspended.
10. The Company determines that it is inappropriate to continuously provide the Service in response to the customer's application.

(User ID and Password Management)
Article 5

1. Customers are responsible for managing their user IDs and passwords for the Service in a proper manner.
   The customer must not under any circumstance transfer, lend, or share their user ID and password with a third party. If a third party gains access to the Service using the registered user ID and password, it shall be deemed to be used by the customer who registered that user ID.
   The Company shall not be held liable for any damages caused by a third party's use of the user ID and password, except in cases of intentional or gross negligence on the part of the Company.

(Provision of the Service)
Article 6

1. The content and conditions of the Service provided by the Company shall be as stipulated in the Individual Regulations. However, if there is a separate provision in the usage contract, that provision shall be followed.
   When customers use services provided by Oura among the Services, they shall comply with the provisions of Oura's terms of use (https://ouraring.com/terms-and-conditions).

(Subcontracting)
Article 7

1. The Company may subcontract to a third party all or part of the work necessary for the provision of the Service to the Customer. In such cases, the Company shall manage the subcontractor appropriately and make the subcontractor bear the same obligations as specified in these Terms.

(Prohibitions)
Article 8

1. When using this Service, customers must not engage in any of the following activities:
1. Acts that violate laws or public order and morals
2. Acts related to criminal activity
3. Acts that infringe upon copyrights, trademark rights, and other intellectual property rights contained in this service, such as the contents of this service
4. Acts that disrupt or interfere with the functions of our company, other customers, or third-party servers or networks
5. Commercial use of information obtained from this service
6. Acts that interfere with the operation of the Company's services or have the potential to do so
7. Unauthorized access or attempts to do so
8. Collecting or accumulating personal information about other customers
9. Using this service for illegal purposes
10. Acts that cause disadvantage, damage, or inconvenience to other users of the Service or third parties
11. Impersonation of another customer
12. Advertising, advertisement, or sales activities on the Service that are not permitted by the Company
13. Other acts that the Company deems inappropriate.

(Suspension of Provision of the Service, etc.)
Article 9

1. In case the Company determines that any of the following applies, it may suspend or terminate the provision of all or part of the Service without prior notice to the customer:
1. When performing maintenance inspections or updating the system related to this service.
2. When it becomes difficult to provide the Services due to force majeure such as earthquakes, lightning strikes, fires, power outages, or natural disasters.
3. When a computer or communication line, etc. stops due to an accident.
4. Additionally, when the Company determines that it is difficult to provide this service.


2. Even if the Company suspends or terminates the provision of the Service as mentioned above, the Customer shall not be exempted from the obligation to pay the Service Fee. Furthermore, the Company shall not be liable for any disadvantage or damage suffered by the customer or a third party due to the suspension or interruption of the provision of this service.

(Changes in Service Content, etc.)
Article 10

1. The Company may change, add, or abolish the content of the Service and other individual regulations with prior notice to the customer. The customer shall consent to this in advance.

(Service Fees and Payment Methods)
Article 11

1. In consideration of the use of this service, the customer shall pay the service fee separately determined by the Company by the method specified by the Company. If the customer delays payment of the service fee, the customer shall pay the Company a late payment charge at a rate of 14.6% per annum.

(Secrets to keep)
Article 12

1. The Company and the customer shall not disclose any confidential information presented by the other party in writing (including e-mail) regarding the usage contract after indicating that it is confidential without the prior consent of the other party. The confidential information shall not be used for the provision of the Service or for purposes other than those permitted under the Service Agreement, and shall not be used by third parties without the prior written consent of the other party. The person who disclosed the Confidential Information is referred to as the "discloser" and the disclosed person is referred to as the "recipient."
2. For purposes of this Section, "Confidential Information" includes:
1. Information independently developed by the Recipient without any use of the Discloser's Confidential Information.
2. Authorization to disclose such information without violating this Agreement.
3. Information that was already publicly known at the time of disclosure or information that became publicly known for reasons not attributable to the recipient.
4. Any information already known to the recipient prior to receipt of the information.


3. Notwithstanding the provisions of Paragraph 1, the Recipient shall be able to disclose Confidential Information to the minimum extent necessary in the following cases:
1. In the event of receiving a judgment, rule, order, or inquiry from a law, investigation agency, court, supervisory agency, or other public agency.
2. When disclosing confidential information to lawyers, certified public accountants, tax accountants, and other professionals who are obligated to maintain confidentiality in connection with this service.


4. Upon termination of the usage contract or upon request from the Discloser, the Recipient shall return or dispose of the Confidential Information and all duplicates/copies thereof (including deletion/erasure from magnetic or other storage media). In the event of disposal, upon request from the disclosing party, a certificate to that effect shall be issued.

(Handling of Personal Information)
Article 13

1. The Company shall handle personal information obtained through the use of this service in accordance with the Company's "Privacy Policy" and in a manner that complies with relevant laws and regulations.

(Disclaimer of Warranty and Disclaimer)
Article 14

1. The Company shall not be liable for any actual or legal defects in the Service (including safety, reliability, accuracy, completeness, effectiveness, suitability for a particular purpose, security defects, errors, bugs, infringements of rights, etc.), and such defects shall not be warranted, either expressly or impliedly.
   The Company shall not be liable for any damages incurred by the Customer due to the Service, except in cases of intentional or gross negligence on the part of the Company. However, if the contract between the Company and the customer regarding the Service (including this Agreement) is a consumer contract as stipulated in the Consumer Contract Act, this exemption provision shall not apply.
   Even in the case set forth in the proviso of the preceding paragraph, the Company shall not be liable for damages caused by special circumstances among damages incurred by the customer due to default or tort due to negligence (excluding gross negligence, including cases where the customer should have foreseen the occurrence of damage). In addition, compensation for damages incurred by the customer due to default or tort due to negligence (excluding gross negligence) of the Company shall be limited to the usage fee received from the customer in the month in which the damage occurred.
   The Company shall not be held responsible for any transactions, communications, disputes, etc. that arise between customers and users, other customers, or third parties in relation to this service.

(Procedures for Change of Name or Succession of Status)
Article 15

1. When there is a change in the name, trade name, location, or other matters notified to the other party, the Company or the customer shall promptly notify the other party of such change along with documents proving the fact that there has been a change.
   When the customer's position under the usage contract is comprehensively inherited due to a company merger or company split, the customer must notify the Company within 30 days from the date of the succession, along with documents proving the fact that the succession has taken place, and shall offer to that effect in the form prescribed by the Company.

(Notice or Contact)
Article 16

1. Notifications that the Company makes to customers based on these Terms shall be made by any of the following methods that the Company deems appropriate and reasonable:
1. Sending an e-mail to the e-mail address specified by the customer in the application form or other forms
2. Mailing or sending a document to the address notified by the customer in the application form or other forms
3. Posting a message on the top screen of the administrator function of this service that the Company has granted to the customer
4. Disclosure/announcement on our website

(Cancellation by Customer)
Article 17

1. If the Customer wishes to cancel the Service Contract, the Customer may cancel the Service Contract by notifying the Company of the cancellation in the form prescribed by the Company at least 30 days prior to the desired date of cancellation.

(Cancellation by the Company)
Article 18

1. If the Company intends to cancel the Service Contract, it may do so by providing the Customer with a notice of cancellation at least 30 days prior to the cancellation date. The Company may suspend or cancel the Service Agreement, in whole or in part, without prior notice or demand to the Customer in the event of any of the following:
1. When the Customer neglects to pay the service fee and still does not pay even after our company's demand.
2. When the Company determines that an act or information provided by a Customer is prohibited.
3. When there is no prospect of improvement due to violation of this agreement.
4. When the Customer uses the service inappropriately and does not correct it despite our request.
5. When there is no response from the customer even after a considerable period of time has passed, even though the Company has requested a response.
6. When there is a false name, false entry, or malicious error or omission in the content of the notification to the Company.
7. When there is any reason for each item of Article 5, paragraph 2.
8. When payment stops or becomes insolvent.
9. When a bill or check is dishonored.
10. When there is a petition for seizure, provisional seizure, or auction, or when a disposition for non-payment of taxes and public dues is received.
11. When making a decision to initiate bankruptcy proceedings, starting corporate reorganization proceedings, or filing a petition for the initiation of civil rehabilitation proceedings, or when receiving a petition.
12. When there is serious concern about your credit standing.
13. When a disposition such as revocation or suspension of a business license is received from a supervisory authority.
14. When resolutions such as dissolution, capital reduction, transfer of all or an important part of the business are made.
15. When a natural disaster, mass communication, or other force majeure event cannot be resolved, or when the Company determines that there is a high possibility of their recurrence.
16. When an event occurs that makes it difficult to fulfill the usage contract.
17. 利用契約を履行することが困難となる事由が生じたとき。


2. If the Company determines that the Customer falls under any of the following items, the Company may terminate the Service Agreement without any notice or demand:
1. Parties with special interests (officers, their spouses and blood relatives within the second degree, companies in which a majority of voting rights are owned by these persons, affiliated companies and their officers), an important employee, major shareholder or business partner of the party is an anti-social force (organized crime group, gang member, associate member of gang group, corporate), or a party, its special interested party, its important employee, or major shareholder. Or when it becomes clear that a business partner is involved with anti-social forces.
2. When the following acts are performed against the Company by themselves or by using a third party:
   i. Illegal or unreasonable unreasonable demands
   ii. Violent acts including demonstrations not limited to the use of physical force
   iii. Acts of persistently forcing transactions such as subscribing to information magazines
   iv. Attributes such as victim groups
   v. Other acts prohibited by the Act on Prevention of Unfair Acts by Organized Crime Group Members
   


3. If the Customer has any obligations to the Company, such as unpaid service fees, at the time of termination of the usage contract under the preceding two paragraphs, the Customer shall immediately lose the benefit of time for such obligations. Even if the Company suspends the provision of the Service pursuant to the provisions of Paragraph 1, the Company shall not lose the right to claim service fees, etc. corresponding to that period.

(Prohibition of Transfer of Rights and Obligations)
Article 19

1. The customer shall not assign, pledge, assume or dispose of all or any portion of their status or rights and obligations under the usage agreement to any third party without prior written consent from our company.

(Governing Law/Jurisdiction)
Article 20

1. The formation, validity, performance, and interpretation of the usage contract shall be governed by the laws of Japan.
   Any disputes arising out of or related to the usage contract shall be exclusively subject to the jurisdiction of the Tokyo District Court as the court of first instance.

Supplementary Provisions
Article 1

1. This agreement shall come into effect on April 1, 2023.