Terms of Use for KIOKE BARREL

Article 1 (Purpose)

1. These Terms of Use for KIOKE BARREL (these “Terms of Use”) are applicable to all Users (defined in Article 2) of the “KIOKE BARREL” services (the “Services”) operated by ADVAN ENTERPRISE INC. (the “Company”). Users shall agree to these Terms of Use before using the Services.

2. These Terms of Use stipulate terms and conditions for using the Services. All Users registered in the Services shall use the Services in accordance with the terms and conditions as stipulated in these Terms of Use and according to circumstances including User’s legal capacity, other limitations under the law and usage environment.

3. If a User agrees to these Terms of Use, such agreement will form an Agreement (as defined in Article 2) between the Company and such User.

Article 2 (Definitions)

For the purposes of these Terms of Use, the following terms have the following meanings:

(a) “Agreement” means an agreement on the Services to be executed between the Company and a User under the terms and conditions as stipulated in these Terms of Use;

(b) “User” means any person that makes an account on the Services;

(d) “User Information” means a name, address, email address, password, and other information necessary for the improvement of the Services; and

(e) “Device” means smartphones, tablets, computers, and other communication equipment.

Article 3 (Content of the Services)

Any User may purchase Products from the Company via the Services only for his/her own consumption.

Article 4 (User Registration)

1. Any person who intends to become a User of the Services shall agree to the contents of these Terms of Use and complete the registration process based on the procedures established by the Company. Individuals who do not have the authority to enter into legally binding agreements (including those under the age of majority in their place of residence) will not be entitled to register an account unless the individuals complete the necessary procedures, including obtaining the prior consent of a lawful representative.

2. Please do not register an account if the use of the Services, the purchase of Products, or account registration is not permitted under the legal systems applicable to those wishing to become Users of the Services. Additionally, if parental consent or other procedures are required to perform them, please proceed with such procedures before registering an account. If an account is registered in violation of these terms, or if there is a risk of such violation as determined by the Company, the Company may refuse to register the account or may freeze or suspend the registration or use. The Company will not be liable or responsible for any damage resulting from a User’s failure to comply with these Terms of Use or from the Company’s refusal to allow an account registration or the use of the Services.

3. The Services are available exclusively to individuals residing outside of Japan.

4. Users must promptly update their registered information using the method specified by the Company whenever there are changes to the information registered under paragraph 1.

5. The Company reserves the right to refuse account registration at its sole discretion. In such cases, the Company will not disclose the reasons for the refusal.

6. Users shall not permit any third party to use, lease, transfer, sell, encumber as collateral, or otherwise dispose of, their accounts on the Services to any third party.

Article 5 (Purchase of Product)

1. If a User wishes to purchase a Product, the User shall order the Product through a one-month plan or subscription plan according to the method established by the Company. The sales agreement for the Product is established the Company’s notice to the User that the Company accepts the order. The one-month plan constitutes a sales agreement under which the Product will be delivered once per order. The subscription plan, on the other hand, constitutes a sales agreement under which the Product will be delivered every month thereafter and automatically renewed until the subscription plan is canceled or deemed canceled or until the User terminates the subscription plan.

2. Delivery of products is limited to locations outside of Japan.

3. To improve the convenience of using the Services, the Company may change the contents of Products, procedures for purchasing Products, and other relevant matters at any time.

4. Depending on the contents of Products and the situations of their orders, the Company may limit relevant matters, including the number of purchases or the regions where purchases can be made. If an order violates such limitation, even after a sales agreement is established based on paragraph 1, the Company may, at its sole discretion, cancel the transaction or terminate the sales agreement. Users shall not object to such handling, and in this case, Users will not be entitled to demand that the Company perform the sales agreement. The Company will refund the payment made by Users for any order, if any. However, Users shall bear any fees associated with the refund.

5. Even after the establishment of a sales agreement as referred to in paragraph 1, if, considering applicable laws, it is difficult to sell Products under commercially reasonable conditions or procedures are required, or if shipping or transportation requires more time or cost than the Company anticipates, or in other unavoidable circumstances, the Company may cancel the transaction or terminate the sales agreement, and issue a refund in accordance with the immediately preceding paragraph.

Article 6 (Payment)

1. After executing the sales agreement as set forth in the immediately preceding Article, the User shall pay the price of the Product in accordance with the timing and method set forth by the Company. The User shall bear the fee for such payment.

2. Payment for the subscription service in the Services is automatically made each month by the credit card registered by a User until cancellation. However, if payment cannot be made with the credit card, the Company may, at its sole discretion, either deem the agreement for the subscription service to be terminated or temporarily suspend the agreement until normal payment can be made.

3. The Company will deliver Products by a method designated by the Company after payment of the price of Products by the User.

4. The User agrees in advance that if Products are returned to the Company after the delivery process is completed due to any reason attributable to the User, including the User’s non-reception or refusal to receive the Products or long-term absence, the User shall incur fees separately designated by the Company or fees for returning the Products to the Company in order to have the Products re-delivered to the User.

5. In shipping to areas outside of Japan, the destination country might impose taxes and duties. The Company will not be obliged to notify Users of these additional costs, which shall be borne by the Users.

Article 7 (Termination of Subscription Plan Agreement)

By implementing cancellation procedures in the manner prescribed by the Company no later than the end of a month, any User may terminate a subscription plan agreement for the immediately following month and beyond.

Article 8 (Transfer of Ownership and Burden of Risk)

The ownership and burden of risk of a Product will transfer from the Company to the User upon completion of delivery of such Product.

Article 9 (Return of Products)

1. The Company does not accept returns or exchanges of Products due to the reasons attributable to a User after the User’s order is completed. In placing an order, the User shall carefully check relevant information, including that on the Company’s website, and understand that the Company cannot accommodate requests for returns or exchanges after ordering, for reasons including that the User no longer wants the Products, that the Products are different from those the User expects, or that the Products do not fit a specific purpose. However, if the Products clearly contradict the descriptions provided on the Company’s website, procedures will be implemented according to paragraph 2.

2. Notwithstanding the immediately preceding paragraph, the Company will accept requests for return or exchange; provided that the User applies for return or exchange procedures within seven (7) days after receiving Products using the method specified by the Company in any of the following cases:

(a) If a type or number of Products different from those agreed in the agreement is delivered.

(b) If the Products are damaged or otherwise impaired (excluding damage or impairment to the Products’ packaging or during transport within the User’s country of residence).

However, if Products are delivered in a number fewer than agreed in the agreement, the Company will address this through additional delivery rather than return or exchange.

3. If a return is made after the payment of Products by the user according to the immediately preceding paragraph, the Company will refund the payment after confirming that the returned Products meet any of the cases listed in the immediately preceding paragraph.

4. If a User enters into a subscription plan agreement, the User will not be entitled to return or exchange any individual product included in Products for reasons including that the User does not want the individual product.

5. The User shall bear the costs for sending Products back to the Company for a return or exchange. The Company will refund the equivalent of the sending costs, provided that it is confirmed that the returned or exchanged Products meet any of the cases listed in paragraph 2.

Article 10 (Management of User Information and Device)

1. Users shall, at their own expense and responsibility, prepare all the environment necessary for receiving the Services, including equipment and means for communication and transportation. Users shall bear all the communication costs necessary for using the Services.

2. Users are responsible for managing their User Information and Device. Users are liable for any damage due to reasons, including mismanagement, errors in usage, or use by any third party of User Information and Device. The Company will not be responsible for any such damage unless it is caused by the Company’s direct negligence or willful misconduct.

3. If there is any imminent use by a third party of User Information or Device, Users shall immediately inform the Company to that effect and follow the Company’s instructions if any.

Article 11 (Conditions for Providing the Services)

The Company may suspend or change the Services without notifying Users of such suspension or change for any reason, including maintenance.

Article 12 (Intellectual Property Rights)

1. If User uploads any posting in the Services, regardless of copyrightability, such User shall grant the Company a license to use all copyrights (including the rights stipulated in Articles 27 and 28 of the Copyright Act) that might arise concerning any part or all of such posting, for any purpose, free of charge and to an unlimited extent. The Company may, at its discretion, post, remove, suspend, or otherwise handle posted contents, and the Company will not be obliged to explain reasons or grounds for such decisions. Additionally, the Company may publish only part of posted content or modify such content in part.

2. The User shall not exercise the moral rights of the author (including the right of disclosure, right to attribution, and right to integrity) in whole or in part of the contents that might constitute a copyrighted work against the Company, third parties that legitimately acquire rights from the Company or those that succeed to such rights of such third parties.

3. Users shall not reproduce, reprint, transmit to the public, modify, or otherwise use any information or contents provided in the Services (collectively, “Company Contents”) beyond the scope of “private use” as stipulated in the Copyright Act. The User shall not post any content that is the same as or similar to those posted on the Services in any other places, including other services, except for posting on the User’s own social networking services.

4. Copyrights, patent rights, utility model rights, trademark rights, design rights, and any other intellectual property rights and the right to the grant of registration of such rights (collectively, “Intellectual Property Rights”) related to Company Contents belong to the Company or a licensor from which the Company receives license, and do not belong to any User. No User shall reproduce, distribute, reprint, transfer, transmit to the public, modify, adapt, or otherwise make derivatives of any Company Contents, regardless of whether Company Contents are protected by Intellectual Property Rights.

5. If any User breaches any provision of this Article 11 and causes any problem, such User shall resolve such problem at their/his/her sole cost and responsibility and take appropriate measures to hold the Company harmless from any disadvantage, burden, or damage.

Article 13 (Prohibited Acts)

1. Regarding Users’ use of the Services, the Company prohibits any of the following acts:

(a) acts that breach these Terms of Use;

(b) acts that infringe or likely infringe proprietary or personal rights, including Intellectual Property Rights, patent rights, utility model rights, design rights, trademark rights, copyrights, and personality rights, of the Company or any third party, including a licensor from which the Company receives license;

(d) acts that unlawfully damage or likely damage the honor, right, or credit of other persons, or acts that damage the credit of the Services or Products, including by pointing out matters that are different from the relevant facts;

(e) acts that breach any rules, including laws and regulations (meaning those in Japan and those applicable to Users, and the same will hereinafter apply in these Terms of Use);

(f) acts that go against or likely go against the public policy, and acts that provide other Users or any third party with information that likely go against the public policy;

(g) criminal acts (meaning those stipulated as criminal acts in rules including laws and regulations), any acts that lead to criminal acts, or acts to instigate or likely instigate such acts;

(h) acts to provide information that is false or likely false;

(i) acts to prevent or likely prevent the Services from its normal operation, including unlawful access to the Company’s systems, alteration of program codes during such unlawful access, willful falsification of location information, cheating by using the specifications of Device or any other applications, and spreading any computer virus;

(j) acts to use a macro program or any function or tool enabling automatic manipulation;

(k) acts that damage or likely damage the credibility of the Services;

(l) acts that cause any negative influence upon young people or their sound growth;

(m) acts to pretend to be a third party and use the Services, such as by using other Users’ accounts;

(n) acts that lead or likely lead to a crime, including fraud, abuse of contraband drugs, illegal sale and purchase of saving accounts and portable phones;

(o) acts related to criminal revenue acts related to providing money for terrorism, or any acts suspected to be such acts, or

(p) any other acts that the Company deems inappropriate.

2. If the Company considers that any act of a User falls under any of the items stated in (a) through (p) above, the Company may take any or all of the following measures without notifying such User in advance:

(a) limit the usage of the Services;

(b) terminate the Agreement and cancel the User’s membership of the Services; and

Article 14 (Termination for Cause)

1. If any User falls under any of the following categories, the Company may unilaterally terminate the Agreement, without making any notice, with such User and cancel the User’s membership of the Services:

(a) if information registered by the User contains false information;

(b) if the User’s membership of the Services has been canceled before;

(c) if a person, including a User’s heir, informs the Company of such User’s death or if the Company confirms such User’s death;

(d) in cases of breaching Article 4, paragraph 1;

(e) if a User does not respond to the Company’s request in good faith; or

(f) if the Company deems it inappropriate to continue the Agreements with a User.

2. Besides each item of the immediately preceding paragraph, the Company may unilaterally terminate the Agreement with the User and cancel the User’s membership of the Services by giving notifications to such User no later than thirty (30) days before such termination in advance. If a User wishes to cancel such membership, the User may, by implementing cancellation procedures designated by the Company, terminate the Agreement and cancel such membership as of the end of the month when such procedures are implemented.

3. If the User’s membership of the Services is canceled as a result of the measures as stipulated in paragraphs 1 and 2, all obligations of the User will be accelerated and become immediately due and payable, and the User shall forthwith implement such all obligations to the Company.

Article 15 (No Guarantee and Disclaimer)

1. The Company does not guarantee that the contents of the Services and the Product (including manufacturers’ allergen labeling) are accurate, updated, useful, reliable, lawful, suitable for specific purposes, or not violating any third-party rights.

2. The Company makes no warranty as to the expected date and time of product delivery.

3. During use of Services by Users, transition may sometimes occur from the Services to other relevant services operated by a third party (“External Services”). In this case, the Users shall agree to the terms and conditions of such External Services, including their terms of use, before using the Services and such External Services at their sole responsibility and expense. The Company does not make any guarantee that the contents of External Services are complete, accurate, valid, or otherwise satisfactory.

4. The Company is not obliged to compensate any Users for any damage such Users may incur due to the incorrectness of, or their failure to change, the information registered in the Services.

5. Users shall use the Services within the scope permitted by all applicable laws and regulations. The Company will not be responsible for any breach of rules, including laws or regulations of Japan or a foreign country, by Users.

6. The Company does not warrant that the use of the Service will not be interrupted, discontinued, or otherwise impaired. In addition, the Company may suspend or change the Service for maintenance or other purposes without notice to the User, but the Company shall not be held responsible in such cases.

7. The Company will not be responsible for any damage caused by the loss of User Information due to unforeseen acts, including unlawful access by any third party.

8. The Company will not be responsible for any non-performance of a part or all of obligations under the Agreements due to force majeure events beyond the Company’s control, including an act of God, fire, labor strike, trade suspension, war, civil war, and outbreak of an infectious disease.

9. The Company will not be responsible for any problem (which is related or not related to the Services) that occurs between the Users and the manufacturer of the Product, other Users, or third parties in connection with the use of the Services. Such Users shall resolve such problems at their sole cost and expense.

Article 16 (Compensation for Damages)

1. Users shall compensate the Company for any damages arising from any breach of these Terms of Use or use of the Services (including lost profits and attorneys’ fees).

2. If the Company causes damages to Users for a reason attributable to the Company in relation to the use of the Service or breach of these Terms of Use, the Company’s compensation for such damages will be limited to the amount in the following items:

(a) if the damages are caused by the Company’s willful misconduct or gross negligence: the total amount of such damages or

(b) if the damages are caused by the Company’s ordinary negligence other than gross negligence: within the scope of ordinary damages which are caused actually and directly by such negligence (excluding special damages, lost profit, indirect damages and attorneys’ fees) and with an upper limit of 10,000 yen per User.

3. Notwithstanding the immediately preceding paragraph, if the User is a corporation or an individual using the Service as a business or for business purposes, the Company will not be liable for any damages incurred by such User in connection with the Services, unless such damages are intentional or through gross negligence on the part of the Company. If the Company compensates for damages, the maximum liability shall be the cumulative total amount of usage fees for the most recent one (1) year period prior to the occurrence of such damage.

Article 17 (Discontinuation of the Services)

1. The Company may unilaterally discontinue the provision of Services if the Company reasonably determines that the provision of the Service should be discontinued.

2. In the case of the immediately preceding paragraph, the Company will not be responsible for any ensuing damage unless the Company causes such damage by its willful misconduct or gross negligence.

Article 18 (Confidentiality)

1. User shall not, in relation to the provision of the Services, disclose or divulge to any third party any confidential information disclosed by the Company or use such information for any purpose other than the use of the Services. Confidential Information means any technical, management or business information of the other party that is disclosed in relation to the implementation of the Services, whether in the form of documents, electromagnetic data, oral or other forms, and regardless of whether the confidentiality is indicated or clearly stated or the scope of such information is specified.

2. The following information shall not constitute Confidential Information:

(a) Information already in the possession of the other party at the time of disclosure;

(b) 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 itself;

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

3. Notwithstanding paragraph 1, the User may disclose Confidential Information in the case the User is obliged to disclose Confidential Information such as pursuant to or through laws and regulations or orders of public agencies or courts, subject to providing prior written notice of such to the Company.

4. The User shall, upon termination of this Agreement, due to the termination of the Services, cancellation of this Agreement, or other reasons with similar effect, promptly return or dispose of the Confidential Information in accordance with the Company’s instructions. When disposing of the Confidential Information, the User shall use a method that does not allow the Confidential Information to be reused by a third party.

Article 19 (Exclusion of Anti-social Forces)　

1. Each of the Users guarantees that it is not organized crime groups, members of organized crime groups, persons who have ceased to be Anti-Social Forces within the last five (5) years, quasi-members of organized crime groups, organized crime group-related enterprises, corporate racketeers, an organized crime group disguised as a social movement, an organized crime group specializing in intelligence crimes, or any other groups or persons equivalent to any of the above (“Anti-social Forces”) and that it does not fall under any of the following categories, and warrants that it will not fall under any categories in the following items at the present or in the future:

(a) have relationships where Anti-social Forces are recognized to control the management;

(b) have relationships where Anti-social Forces are recognized to be substantially involved in the management;

(c) have a relationship that is deemed to involve unjustified use of Anti-social Forces, such as 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;

(d) have a relationship that is deemed to involve Anti-social Forces, such as providing funds or benefits to Anti-social Forces or

(e) have a socially reprehensible relationship with Anti-social Forces as an officer or a person substantially involved in the management of the company.

2. Users warrant that they will not engage in any of the following actions, either by themselves or through the use of a third party:

(a) violent demands;

(b) unlawful and unjust demands;

(d) spreading rumors, damaging the reputation of the Company by using fraudulent means or force, or obstructing the service of the Company, or

(e) any other actions equivalent to any of the foregoing.

3. If Users fall under any of the items in paragraph 1 of this Article 18, conduct any actions as set forth in each item under paragraph 2 of this Article 18, or make any false statement concerning their representations and warranties as set in paragraph 1 of this Article 18, the Company may terminate the Agreement without any written notice, regardless of the breach being attributable to the Company or not.

4. If the Agreement(s) between the Company and a User is terminated pursuant to the immediately preceding paragraph, the Company is not liable for any damages incurred by such User as a result of such termination, and the User agrees that the Company is not liable for such damages.

Article 20 (Notice and Communication)

Inquiries about the Services, other communication or notifications from the Users to the Company, including notifications regarding changes to these Terms of Use, and other communications or notifications from the Company to the Users will be sent by e-mail or other methods specified by the Company. Notice shall become effective when sent by the Company.

Article 21 (Prohibition of Assignment of Status)

1. No User shall, without the prior written consent of the Company, transfer the contractual status under the Agreements or these Terms of Use to a third party, assign or transfer all or part of its rights and obligations under the Agreements or these Terms of Use to a third party, or encumber its rights under the Agreements or these Terms of Use as collateral.

2. In the event that the Company transfers the business related to the Service to another company, the Company may transfer Users’ contractual status under service agreements, rights and obligations under these Terms of Use, and User registration information and other customer information to the transferee in connection with such business transfer. The Users hereby agree in advance to such a transfer in this paragraph. Business transfers as stipulated in this paragraph include all cases where the business is transferred, not only through ordinary business transfers but also through company splits and other similar events.

Article 22 (Personal Information)

The Company will handle personal information in connection with the Services, pursuant to the “Privacy Policy” stipulated by the Company.

Article 23 (Severability)

If any provision of these Terms of Use is held invalid or illegal, in whole or in part, such invalidity or illegality shall in no way affect the other provisions of these Terms of Use or their interpretation and application, nor shall it impair or invalidate their legality or validity.

Article 24 (Term)

The effective period of the Agreement commences from the signing date of the Agreement until the User’s registration is removed. Regardless of the reason for which the Agreement is terminated, the following provisions, Article 12 (Intellectual Property Rights), paragraph 3 of Article 14 (Termination for Cause), Article 15 (No Guarantee and Disclaimer) to Article 17 (Discontinuation of the Services), paragraph 3 and 4 of Articles 19 (Exclusion of Anti-social Forces), Article 21 (Prohibition of Assignment of Status), and Article 23 (Severability) to Article 28 (Miscellaneous) shall remain in effect even after the termination of the Agreement.

Article 25 (Amendments to these Terms of Use)

1. The Company may amend these Terms of Use in accordance with Article 548-4 of the Civil Code of Japan in any of the following events, and the amended Terms of Use shall apply to agreements after such amendments. In modifying these Terms of Use, the Company will inform Users of the content of the modification and the effective date by displaying the Users on the Services or through other methods prescribed by the Company.

(a) If the amendment to these Terms of Use aligns with the general interest of Users; or

(b) If the amendment to these Terms of Use does not conflict with the purpose of entering into the agreements, and it is reasonable in light of the circumstances concerning the amendment, such as the necessity of the amendment, the appropriateness of the details of the amended conditions, and the details of such provisions.

2. Notwithstanding the immediately preceding paragraph, Users will be deemed to have agreed to such amendment if the User uses the Services or does not terminate the Agreement within a certain period specified by the Company after receiving such notification of the amendments pursuant to the immediately preceding paragraph from the Company.

Article 26 (Governing Law)

These Terms of Use will be governed by and construed in accordance with the laws of Japan.

Article 27 (Jurisdiction)

Any dispute between Users and the Company will be adjudicated in the Tokyo District Court as the court of first instance.

Article 28 (Miscellaneous)

1. Users shall follow any rules separately stipulated by the Company regarding any matter not covered in these Terms of Use. In this case, such rules will constitute an inseparable part of these Terms of Use.

2. Rules will be effective the moment such rules are published or announced in the place designated by the Company.

3. If there is any conflict between such rules and these Terms of Use, these Terms of Use will prevail.

Supplementary Provisions

Established and effective as of [5/24, 2024]

Country/region

Terms of Use for KIOKE BARREL