These Terms of Use (hereinafter referred to as the "Terms") set forth the terms and conditions governing the use of "Find Mate" (hereinafter referred to as the "Service"), operated by individual business owner Katsuki Saito (hereinafter referred to as the "Company"). Any person who applies for or uses the Service (hereinafter referred to as the "User") shall use the Service only after agreeing to these Terms.
Article 1 (Definition of the Service)
The Service is a paid website creation and publication service whereby the Company creates a website on behalf of the User based on information provided by the User through forms or other means and publishes the website using a subdomain designated by the Company. The Service includes the following:
- Receiving information necessary for website creation from the User, including self-introduction, recruitment or offering details, images for publication, and other information, through forms or other means;
- Reviewing the information provided by the User;
- Creating a website specifically for the User using a template prepared by the Company, or, where the User selects the fully original design plan, using an original design;
- Publishing the created website using a subdomain designated by the Company; and
- Providing website creation, publication, and use of the website during the contract period as part of the Service fee.
The Service does not guarantee the establishment of relationships, completion of transactions, acquisition of applications, or any other specific results.
Article 2 (Terms of Use)
- The User shall comply with these Terms and all applicable laws and regulations and shall use the Service at the User's own responsibility.
- The User shall provide accurate and up-to-date information when applying for the Service. The User may not apply using false information or information belonging to another person.
- Minors may use the Service only with the consent of their legal representative.
- The Company may refuse to provide the Service based on the application details, content intended for publication, or other circumstances.
Article 3 (Application and Formation of the Agreement)
- The service agreement between the Company and the User (hereinafter referred to as the "Agreement") shall be formed when the User submits an application through the form designated by the Company, the Company accepts the application, and payment of the applicable fee by the User has been completed.
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The Company may refuse to accept an application in any of the following cases or for
other reasonable reasons:
- There is false information, an error, or an omission in the application;
- The content intended for publication violates or may violate the prohibited activities set forth in Article 8;
- The User has previously violated these Terms; or
- The Company determines that providing the Service would be difficult or inappropriate.
- After submitting an application and before the Company accepts the application and payment of the applicable fee is completed, the User may withdraw the application by following the procedure designated by the Company.
Article 4 (Fees and Payment)
- The Service fee includes website creation, publication, and use of the website during the contract period. For template plans, no initial fee or separate production fee will be charged. The fee for the fully original design plan shall be the amount corresponding to the options selected at the time of application, including whether the User brings their own design. Details are set forth in the "Notice Based on the Act on Specified Commercial Transactions."
- The applicable fee shall be based on the plan selected by the User at the time of application. Details are set forth in the "Notice Based on the Act on Specified Commercial Transactions."
- The User shall pay the applicable fee by the method designated by the Company within the prescribed period.
- Any bank transfer fees or other costs required for payment shall be borne by the User.
Article 5 (Contract Period and Automatic Renewal)
- The contract period shall be a template plan of three months, six months, or one year, or the fully original design plan with a 12-month term, as selected by the User at the time of application.
- The contract period shall commence on the date on which the Company publishes the applicable website. If the Agreement ends before the website is published, the Company shall separately inform the User of how such circumstances will be handled.
- Unless the User indicates their intention to cancel the Agreement through the method designated by the Company by the day before the expiration date of the contract period, the Agreement shall automatically renew on a monthly basis, and the fee after renewal shall be JPY 1,000 per month (the treatment and display of consumption tax shall be as specified in the "Notice Based on the Act on Specified Commercial Transactions").
- After automatic renewal, the User may cancel the Agreement at any time by following the method designated by the Company. The effective date and procedures for cancellation shall be separately determined by the Company.
Article 6 (Website Creation and Publication)
- For template plans, the Company shall create the website based on the information provided by the User and within the scope of the applicable template. For the fully original design plan, the Company shall create the website with an original design. If the User brings their own design, the Company shall create the website based on that design. Development of custom systems is not included.
- The Company shall create and publish the website within a reasonable period after reviewing the application details, using a subdomain. The time required for publication may vary depending on the volume of applications, insufficient information provided by the User, and the time required to review the content.
- If information necessary for publication is missing, the Company may request additional information from the User. Delays in providing additional information may result in delays in publication.
- The Company shall determine the publication URL, subdomain, and other technical specifications. The User may not transfer such URL, subdomain, or specifications to any third party.
- The Company may reasonably modify the method of publication or displayed content when necessary for legal compliance, operational reasons, or security purposes.
Article 7 (Changes to Content After Publication)
- The Company shall reasonably accommodate minor content changes within the scope of the applicable template, such as revisions to profile text, replacement of images, and updates to contact information.
- Major design changes, additions to page structure, new functions, and customizations beyond the scope of the selected plan are not included in the Service fee. If the User wishes to request such services, they shall be provided separately based on a quotation and mutual agreement.
- The Company may determine the number, timing, and scope of changes within reasonable limits necessary for the operation of the Service. Details shall be provided at the time of application or through other communications from the Company.
Article 8 (Prohibited Activities)
The User shall not engage in any of the following activities when using the Service or operating the published website:
- Activities that violate laws, regulations, or public order and morality;
- Criminal activities or activities that facilitate criminal conduct;
- Fraud, pyramid schemes, illegal commercial activities, or similar activities;
- Publication of obscene content, child pornography, or similar information;
- Discrimination, defamation, harassment, stalking, or activities that damage the reputation or credibility of a third party;
- Publication of information that infringes upon the personal information, likeness, copyrights, or other rights of a third party;
- False profiles, impersonation, or representations that may cause misunderstanding;
- Using the Service or published website for spam, excessive repeated solicitation, unauthorized access, or other improper purposes;
- Activities that interfere with the Company's servers, network, or operation of the Service;
- Reselling the Service to a third party or, without the Company's permission, using the Service to provide website creation or operation services to third parties; or
- Any other activity that the Company determines to be inappropriate.
Article 9 (User's Responsibility for Published Content)
- All information published on the website, including text, images, profiles, recruitment or offering details, external links, and other information (hereinafter referred to as "Published Content"), shall be provided by the User, and the User shall be responsible for such content.
- The User warrants that the Published Content does not infringe upon any rights of third parties and is truthful and lawful.
- The Company does not guarantee the accuracy, legality, or currency of the Published Content. Even when the Company reviews content prior to publication, such review is conducted solely for the purpose of providing the Service and shall not mean that the Company assumes responsibility for the Published Content.
- The Company may modify, hide, or delete Published Content, or make the website unavailable, when required by law, upon receiving a claim of infringement from a third party, or when the Company determines that the content may violate these Terms.
Article 10 (Copyright and Intellectual Property Rights)
- Copyright and other intellectual property rights relating to the Service, templates, designs, logos, programs, and other materials provided by the Company shall belong to the Company or the legitimate rights holder.
- Rights relating to Published Content shall remain with the respective rights holder. The User grants the Company a non-exclusive right to use the Published Content, including reproduction, adaptation, publication, and distribution, to the extent necessary to provide and publish the Service.
- After termination of the Agreement, the User may not, without the Company's consent, reproduce or reuse the Company's templates or the structure or design of websites created by the Company, or reuse them as a similar service. The User may continue to use the Published Content itself to the extent permitted by the applicable rights.
Article 11 (Disputes with Third Parties)
- The User shall be solely responsible for all communications, meetings, transactions, payments, execution of contracts, and other interactions between the User and third parties conducted through the published website, as well as any results thereof.
- If any dispute, claim, demand for damages, or other trouble arises between the User and a third party, the User shall resolve such matter at the User's own cost and responsibility, and the Company shall not be a party to such dispute. However, this shall not apply where such dispute or trouble arises due to the Company's willful misconduct or negligence.
- If the Company suffers damage or incurs expenses in connection with a dispute or other trouble described in the preceding paragraph, the User shall compensate or indemnify the Company for such damage or expenses, except where such damage or expenses are attributable to the Company.
Article 12 (External Services)
- The published website may contain links to services provided by third parties designated by the User.
- Use of external services shall be subject to the terms of use and other conditions established by the respective service providers. The Company does not guarantee the content, availability, or results of the use of any external services.
Article 13 (Suspension or Discontinuation of the Service)
The Company may suspend or discontinue all or part of the Service after providing prior notice (except that notice may be provided afterward in emergencies) in any of the following cases:
- When conducting system maintenance, inspection, or updates;
- When circumstances beyond the Company's reasonable control arise, including fire, power outages, natural disasters, communication failures, or failures of external services;
- When required due to amendments to laws or regulations or requests from public authorities; or
- When the Company reasonably determines that suspension or discontinuation is necessary for the operation of the Service.
Article 14 (Termination and Suspension of Use)
- If the User violates these Terms, fails to pay the applicable fee, or circumstances arise that make it difficult to continue providing the Service, the Company may terminate the Agreement or make the website unavailable after providing prior notice (except that notice may be provided afterward in cases of urgent necessity).
- Even during the contract period, the User may request cancellation of the Agreement and removal of the website from public access by following the method designated by the Company. The effective date of cancellation shall be separately determined by the Company.
- Upon termination of the Agreement, the Company shall make the published website unavailable and may delete the data after a reasonable period has elapsed. This shall not apply to information that must be retained under applicable laws and regulations.
Article 15 (Refunds and Cancellation During the Contract Period)
- If the User cancels the Agreement for the User's own convenience after the Agreement has been formed, fees already paid shall not be refunded except where a refund is required by applicable law. No pro rata refund shall be provided for the remaining portion of the contract period.
- If the Company is unable to provide the Service due to reasons attributable to the Company, the Company shall provide a refund corresponding to the unperformed portion of the Service or take other appropriate measures depending on the circumstances.
Article 16 (Disclaimer)
- The Company does not guarantee that the Service will be suitable for any particular purpose of the User, have the expected functions, accuracy, or usefulness, be free from defects, or that the published website will always be accessible.
- The Company makes no guarantee regarding the establishment of relationships, transactions, communications, or any other results obtained through the published website.
- If the User suffers damage due to reasons attributable to the Company, the Company shall compensate the User for such damage. However, except in cases of willful misconduct or gross negligence by the Company, the scope of compensation shall be limited to ordinary damages actually incurred by the User (excluding special damages, lost profits, and indirect damages), and the maximum amount of such compensation shall be limited to the total amount of Service fees paid by the User to the Company during the 12-month period preceding the occurrence of the event giving rise to such damage.
- The preceding paragraph shall apply to the extent permitted by applicable laws and regulations, including the Consumer Contract Act of Japan, where such mandatory laws or regulations impose limitations. The limitations set forth in the preceding paragraph shall not apply to damages caused by the Company's willful misconduct or gross negligence or to damages involving the life or physical well-being of a person.
Article 17 (Personal Information)
The Company shall handle personal information obtained in connection with the provision of the Service in accordance with its Privacy Policy.
Article 18 (Changes to the Terms)
- The Company may amend these Terms when necessary due to amendments to laws or regulations, changes to the Service, or other circumstances, in accordance with the Civil Code of Japan and other applicable laws and regulations. The amended Terms and their effective date shall be notified by posting them on the Service or by other appropriate means.
- If the User continues to use the Service after the amended Terms become effective, the User shall be deemed to have agreed to the amended Terms. If the User does not agree to the amended Terms, the User may cancel the Agreement.
Article 19 (Governing Law and Jurisdiction)
- These Terms and the Agreement shall be governed by the laws of Japan.
- Any dispute arising in connection with the Service shall be subject to the exclusive jurisdiction of the district court having jurisdiction over the Company's principal place of business as the court of first instance. However, where the Consumer Contract Act of Japan or other applicable laws grant the User a more favorable jurisdiction, such laws shall apply.