[Terms of Service]

These Terms and Conditions set forth the terms and conditions for providing the Services (as defined below), and the rights and obligations between the Provider and Users of the Services. You must read and agree to the entire Terms and Conditions before using the Services.

Article 1 Applicability

1. The purpose of these Terms and Conditions is to set forth the terms and conditions for providing the Services and the rights and obligations between the Provider and the Users (as defined below), and these Terms and Conditions shall apply to all aspects of the relationship between you and the Provider in connection with the Services.
2. If there is any conflict between these Terms and Conditions and the Rules or any other description of the Services not provided for herein, these Terms and Conditions will prevail.
3. It is assumed that you agree to be bound by the Service Agreement when you tap the "Agree" button or start using this Service. If you do not understand or accept the contents of the Service Agreement, you cannot use this Service.

Article 2 Definitions

For purposes of these Terms and Conditions, the following terms have the following meanings.
(1) “Service Agreement” means not only these Terms and Conditions but also any other agreements relating to the Services to be executed between the Provoder and the User.
(2) “IP Rights” means copyrights, patents, trade marks, utility rights, design rights and other intellectual property rights (including rights to obtain or to apply for registration of such rights).
(3) “Posted Data” means any content, including but not limited to text, images, animation and other data, that is posted or otherwise transmitted by the User hereunder.
(4) “the Provider” means the provider of Service, Naoya Enokida.
(5) "User” means any person or entity that has been registered as a user of the Services pursuant to Article 3 (Registration).
(6) “Services” means any and all services provided by the Provider under the name [ThinkSpace] (or if such name or the content of such services has been modified for any reasons, such modified services).

Article 3 Password and User ID Management

1. The User may be required to provide information about yourself for the purpose of registering and/or using certain services. You agree that the information is accurate.
2. The User shall be responsible for keeping and maintaining its password and user ID for the Services in an appropriate manner, and may not cause a third party to use, or provide, transfer, change the name of, sell or otherwise dispose of, the same.
3. The User shall be, and the Provider shall in no event be, liable for damages arising out of inappropriate management, misuse, or use of the User’s password or user ID by a third party.

Article 4 Persons Who Can Use the Services)

The User can use this Services only if User agree to conclude the Service Agreement with the Provider and none of the following applies.
(1) If User is a minor, an adult ward, a person under curatorship or a person under assistance, and User do not has the consent of an attorney-in-fact.
(2) If User is an anti-social force, etc. (meaning gangsters, right-wing groups, and others equivalent thereto), or maintaining, operating or managing anti-social forces through funding or other means. When it is judged by the provider that there is some interaction or involvement with antisocial forces, etc.
(3) If User is a person who has violated the contract with the provider in the past or its related person

Article 5 Prohibited Actions

When using the Services hereunder, the User may not conduct any of the following acts or any act that the Provider determines falls under any of the following:
(1) acts that violate any laws or regulations or that are associated with criminal activity;
(2) acts that defraud or threaten the Provider, other Users or other third parties;
(3) acts against public order and good morals;
(4) The act of sharing a single account more than one person;
(5) acts that infringe any IP Rights, portrait rights, privacy rights, reputation or other rights or profit of the Provider, other Users or other third parties;
(6) acts to transmit to other Users, through the Services, any of the following or any transmissions that the Provider determines includes under any of the following:
- excessively violent or cruel content;
- computer viruses or other hazardous computer programs;
- content that damage the reputation or the credit of the Provider, other users of the Services or other third parties;
- excessively indecent content;
- content that encourages discrimination;
- content that encourages suicide or self-mutilation;
- content that encourages drug abuse;
- antisocial content;
- content for the purpose of disbursing information, such as chain mails;
- content that causes uncomfortable feelings to third parties;
- content for the purpose of encountering unacquainted persons of the opposite sex;
(7) acts that place an excessive burden on the network or system of the Services;
(8) acts that threaten to interrupt the operation of the Services;
(9) acts to access or attempt to access the system or network of the Services improperly;
(10) acts of build or benchmark competing products or services
(11) acts of copy the functions, designs and graphics of this service
(12) acts to impersonate a third party;
(13) acts to use the user ID or password of other users of the Services;
(14) acts of exploitation, advertisement, soliciting or marketing without the Provider’s prior consent;
(15) acts to collect information of other users of the Services;
(16) acts that cause disadvantage, damage or uncomfortable feelings to other users of the Services or other third parties;
(17) acts that violate the Rules;
(18) acts to provide Antisocial Forces with profit;
(19) acts that are intended to encounter unacquainted persons of the opposite sex;
(20) acts that, direcly or indirectly, evoke or facilitate acts listed in the preceding items; or
(21) other acts that the Provider deems to be inappropriate.

Article 6 Ownership of Rights

1. Any and all IP Rights related to the Website and the Services are expressly reserved by the Provider or the Provider’s licensor. Nothing contained herein shall be construed as granting to the User a license of the IP Rights owned by the Provider or the Provider’s licensor.
2. The User hereby represents and warrants to the Provider that it has lawful rights to post or otherwise transmit the Posted Data, and that the Posted Data so posted does not infringe any third party’s rights.
3. We do not own your data. Putting notes and other content into our service does not change that content's ownership or copyright status. If the data was yours to begin with, it remains yours after you put it in our service. Of course, if the data wasn’t yours to begin with, putting it in our service doesn’t make it yours. By using our products, you give the Provider's permission to do certain things with your data so that we can run our service.
4. if the User do elect to publish or share any portion of your Content by placing it into one or more Shared Canvases or Accepted Canvases, then you would be enabling other users to access, use, display, perform, distribute and modify your Content. Ownership of rights in this case is subject to the understanding and agreement between the User and other users, without involvement of the Provider.
5. The User agrees not to exercise moral rights against the Provider or any other person who succeeded to the same from the Provider.

Article 7 Invitation Code

With this service, you can share the content using the invitation code. Anyone who gets the invitation code can access the shared content. Be very careful about how you share your invitation code and who you are. The Provider is not responsible for any damages caused by creating and sharing the invitation code.

Article 8 Prohibition of High-risk Use

This service is not intended for use in hazardous environments that require fail-safe management, including but not limited to operating nuclear facilities, aircraft navigation/communication systems, air traffic control, life support systems, and weapons systems. It is not designed or approved. This service is prohibited for use in or in a high risk environment.

Article 9 Suspension of the Services

1. The Provider shall be entitled to, without any advance notice to the User, suspend or discontinue the Services, in whole or in part, in the event that:
i Inspection or maintenance of the computer system for the Services needs to be performed due to urgent circumstances;
ii Computers or communication lines have been disrupted due to an accident;
iii The Provider becomes unable to provide the Services due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damage, power blackout and other natural disasters; or
iv The Provider determines that suspension or discontinuance is required for other reasons.
2. Under no circumstances shall the Provider be liable for any damages incurred by the User arising out of any measures taken by the Provider pursuant to this Article 8.

Article 10 Registration Cancellation

1. The Provider may, without prior notice or demand, delete the Posted Data, or temporarily suspend the use by the User of the Services, cancel the User’s registration as such or terminate the Service Agreement, in the event of any of the following:
i The User failed to comply with any of provisions hereof;
ii Any of the Registration Information is found to be false;
iii The User underwent payment suspension or became insolvent, or a petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or other similar procedure was filed against the User;
iv The User has not used the Services for [6] months or more;
v The User has not responded to inquiries from the Provider or other communications requiring its response for [30 days] or more;
vi The User falls under any of the subparagraphs of Article 3.4; or
vii In addition to the foregoing, if the Provider determined that it is not inappropriate for the User to use the Services, maintain its registration as a User, or have the Service Agreement remain in effect.
2. If one or more of events specified above occurred, all amounts owed to the Provider by the User shall be automatically accelerated, and the User shall immediately pay to the Provider such amounts in full.
3. The Provider shall not be liable for any damages incurred by the User arising out of, or in connection with, any actions taken by the Provider pursuant to this Article 10.

Article 11 Cancellation of Subscription

If you have a subscription to the Pro version, you can cancel your subscription to the Pro version at any time. You can cancel your subscription from the "App Store" application that is installed as standard on the device OS.

Article 12 Withdrawal

1. The User may withdraw from the Services and cancel its registration as a User by giving notice to the Provider to that effect and pursuant to such manner as specified by the Provider.
2. Upon withdrawal, all amounts then due and payable from the User, if any, shall be automatically accelerated, and the User shall immediately pay to the Provider such amounts in full.
3. Treatment of user information after the withdrawal shall be subject to the provisions of Article 16.

Article 13 Services Modification and Termination

1. The Provider shall be entitled to at any time modify or terminate the Services in its own discretion. The Provider shall notify in advance the User of any intended termination by the Provider of the Services.
2. The Provider shall not be liable for any damages incurred by the User arising out of, or in connection with, any actions taken by the Provider pursuant to this Article 12.

Article 14 Disclaimer and Waiver of Warranties

1. THE PROVIDER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES (including but not limited to any representation or warranty (i) of fitness or suitability for a particular purpose contemplated by the User, (ii) that the Services have expected functions, commercial value, accuracy, or usefulness (iii)that the use by the User of the Services complies with the laws and regulations applicable to the User or any internal rules established by industrial organizations, and (iv) that the Services will be free of interruption or defects).
2. Under no circumstances shall the Provider be liable for any damages incurred by the User arising out of discontinuance, suspension, termination, unavailability, or modification by the Provider of the Services, cancellation or loss of messages or information transmitted by the User to the Services, deletion of the registration of the User, loss of registered data or failure of or damage to equipment through the use of the Services, or otherwise in connection with the Services (“Damages”).
3. The Provider shall not be liable for any amount exceeding the consideration paid by the User to the Provider for the immediately previous [12 months] in relation to Damages incurred by the User that are attributable to the Provider for any reasons whatsoever. UNDER NO CIRCUMSTANCES SHALL THE PROVIDER BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, FUTURE DAMAGES AND LOST PROFITS.
4. The Provider shall not in any way be liable for transactions, communications or disputes arising between the User and other Users or a third party in connection with the Services or the Website.

Article 15 Confidentiality

The User shall keep confidential any and all non-public information disclosed by the Provider to the User for which the Provider has imposed on the User a confidentiality obligation in connection with the Services, unless the User has obtained prior written approval from the Provider.

Article 16 Treatment of User Information

1. Treatment by the Provider of the User’s information shall be subject to the provisions of our Privacy Policy (URL: http://thinkspaceprivacypolicy.strikingly.com/), which are separately prescribed, and the User hereby agrees to treatment by the Provider of the User’s information subject to such Privacy Policy.

Article 17 Amendments

In the event that the Provider is determined to be necessary, it is assumed that it is possible to change the Terms and Conditions at any time without notice to you in advance. However, in the case of a significant impact on customers who use our, it shall provide a pre-notice a reasonable period in advance. Please check these Terms periodically user. It entered into force 14 days after change, not be applied retroactively, the changes must be displayed. However, the change based on legal reasons or change to deal with the new features of the Service, it shall take effect immediately. It is considered if it is to your continued use of the Service after the update of the Terms of Use is enabled, and what was agreed to accept the new conditions, to be bound to it. Users, please stop the use of the Service has agreed to such provisions have been modified with respect to this service.

Articlw 18 Assignment

1. The User shall not assign, transfer, grant security interests in or otherwise dispose of its status under the Service Agreement or its rights or obligations under these Terms and Conditions without the prior written consent of the Provider.
2. In cases where the Provider has assigned the business regarding the Services to a third party, the Provider may, as part of such assignment, assign to such third party its status under the Service Agreement, its rights and obligations under these Terms and Conditions, and the Registration Information and other information relating to the User, and the User hereby agrees to such assignment in advance. For the purposes of this Article 18.2, the business assignment referred to above shall include, in addition to the usual form of business assignment, a split of the Provider or any other form of restructuring of the Provider that would result in a business transfer.

Article 19 Severability

If any provision of these Terms and Conditions or part thereof is held to be invalid or unenforceable under the Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof shall remain in full force and effect.

Article 20 Dominance of the Japanese version

Other language versions of this Agreement are those which are provided for the convenience of the user, with respect to the relationship between the Provider and our customers, users agree that the Japanese version of these Terms and Conditions will be applied I suppose. If there is a discrepancy between the other languages and Japanese versions of these Terms and Conditions, the Japanese version will prevail.

Article 21 Governing Law and Jurisdiction

1. These Terms and Conditions shall be governed by the laws of Japan. If there are sales of goods in the Services, the United Nations Convention on Contracts for the International Sales of Goods (CISG) shall not apply.
2. Any and all disputes arising out of or in connection with these Terms and Conditions shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.
These Terms and Conditions shall be executed in the Japanese language. Japanese shall be the governing language and any translation of these Terms and Conditions into any other language is for convenience of reference only and shall not bind the parties hereto.

[Prescribed on June/5/2020]

ThinkSpace Terms