SOBA NFT Plat Terms of Service

These SOBA NFT Plat Terms of Service (hereinafter referred to as the "Terms") constitute an agreement between SOBA Project, Inc. (hereinafter referred to as "the Company") and all registered users (hereinafter referred to as "Users") who utilize the services provided by the Company regarding the use of said services. Please ensure that you carefully read and agree to these Terms before using the services.

Chapter 1: General Provisions

Article 1 (Application of the Terms)

  1. These Terms shall apply to the use of the portal site "SOBA NFT Plat" (hereinafter referred to as the "Service") operated and provided by the Company. By using the Service, Users are deemed to have agreed to the contents of these Terms.
  2. Various regulations such as the "Privacy Policy" separately established by the Company shall constitute a part of these Terms, respectively.
  3. In the event that the provisions of these Terms differ from or conflict with the contents of the regulations in the preceding paragraph, the regulations shall take precedence. In cases other than when the provisions of these Terms differ from or conflict with the contents of the regulations in the preceding paragraph, these Terms and other regulations shall apply cumulatively.
  4. Notifications from the Company to the Users of the Service as stipulated in Article 3 shall constitute a part of these Terms.

Article 2 (Changes to the Terms)

  1. The Company may change these Terms without obtaining the consent of the Users. In such cases, the terms of use for the Service shall be governed by the revised Terms of Service.
  2. The revised Terms shall become effective from the time they are posted on the Company's website for the Service, unless otherwise specified by the Company.

Article 3 (Notifications from the Company)

  1. The Company will notify Users of necessary matters from time to time by posting on the Service's website, sending emails, or other methods that the Company deems appropriate.
  2. Notifications in the preceding paragraph shall become effective when posted on the Service's website if conducted via the website, or when the email is sent if conducted via email.

Chapter 2: Usage

Article 4 (Obligation to Manage IDs and Passwords)

  1. Users shall bear all responsibility for the use and management of the ID and password issued by the Company at the time of user registration.
  2. Users shall not allow third parties to use their ID and password, nor shall they lend, transfer, sell, or otherwise dispose of them.
  3. Users shall be solely responsible for any damages resulting from insufficient management of their ID and password, errors in use, or use by third parties.
  4. If a User becomes aware that their ID and password have been stolen or are being used by a third party, they shall immediately notify the Company to that effect using direct and immediate means and shall follow any instructions from the Company.

Article 5 (Prohibited Activities)

  1. The following activities are prohibited when using the Service. If any of these prohibitions are violated, the Company may suspend the provision of the Service to the User or refuse future use of the Service. Furthermore, if the Company incurs any damages due to a User's violation, the User shall be liable for promptly compensating the Company for all such damages.
    1. Acts that harm the rights, interests, reputation, etc., of the Company, other Users, or other third parties.
    2. Acts of impersonating another person to use the Service, entering false information, or other fraudulent activities.
    3. Acts of collecting personal information, including email addresses, without the consent of the other party by using the Service.
    4. Acts aimed at transmitting pyramid schemes, chain emails, solicitation emails, or spam emails.
    5. Acts that violate laws and regulations.
    6. Acts that are offensive to public order and morals.
    7. Acts that infringe on the copyrights or intellectual property rights of other companies' products by using the Service.
    8. Other acts that the Company deems inappropriate.

Article 6 (Intellectual Property Rights)

  1. The Service and the information provided by the Company to Users are protected by copyright, trademark rights, patent rights, and other intellectual property rights and laws. Therefore, Users shall acknowledge the following when using the Service. If any of these are violated, the Company may suspend the provision of the Service to the User or refuse future use of the Service. Furthermore, if the Company incurs any damages due to a User's violation, the User shall be liable for promptly compensating the Company for all such damages.
  2. The property rights to the information (including images, audio, text, photographs, and software) provided by the Company to Users through the Service belong to the Company.
  3. Users may not, without permission, reproduce, publicly display, lend, or retransmit the Service and software, in whole or in part.

Chapter 3: Suspension and Termination of the Service

Article 7 (Suspension of Service Provision)

  1. The Company may temporarily suspend the provision of the Service without prior notice to Users in any of the following cases:
    1. When it is unavoidable due to maintenance or construction of the Service's equipment.
    2. When it is unavoidable due to a failure in the Service's equipment.
    3. When the use of telecommunications services becomes impossible due to the telecommunications services provided by a Type I telecommunications carrier or other telecommunications carriers.
    4. In other cases where the Company deems temporary suspension of the Service necessary.

Article 8 (Termination of the Service)

  1. The Company may terminate the Service or a part thereof for Users without prior notice to Users.
  2. Even if the Company terminates the Service without prior notice to Users, the Company shall not be liable for any damages, losses, or other expenses incurred as a result of the termination of the Service.

Article 9 (Usage Restrictions and Registration Cancellation)

  1. In any of the following cases, the Company may, without prior notice, restrict a User's use of all or part of the Service or cancel the User's registration:
    1. When the User violates any provision of these Terms.
    2. When it is found that there is a false fact in the registered information.
    3. When the credit card reported by the User as a payment method is suspended.
    4. When there is a default in the payment of fees or other obligations.
    5. When there is no response to communication from the Company for a certain period.
    6. When there has been no use of the Service for a certain period since the last use.
    7. In other cases where the Company deems the User's use of the Service inappropriate.
  2. The Company shall not be liable for any damages incurred by the User as a result of actions taken by the Company based on this Article.

Article 10 (Withdrawal)

  1. Users may withdraw from the Service by following the prescribed withdrawal procedures.

Chapter 4: Protection

Article 11 (Confidentiality of Communications)

  1. The Company shall not disclose or leak the personal information of Users acquired through the provision of the Service to third parties, except in the following cases:
    1. When providing personal information to a business partner entrusted with operations necessary for the provision of the Service, who is obligated by contract or other means to properly manage personal information.
    2. When aggregating and analyzing personal information for the purpose of improving the Service, etc.
    3. When the rights to the part related to the Service are transferred, and all legal rights and obligations are transferred to the transferee.
    4. In other cases where personal information is disclosed or used with the voluntary consent of the User, etc.
    5. When disclosure is required based on a warrant issued by a court, or other court decisions, orders, or laws and regulations.
    6. When there is a legitimate and formal inquiry of information from prosecutors, police, or supervisory authorities.
    7. When the Company deems it necessary to protect its rights, reputation, etc.

Article 12 (Compliance with Privacy Policy)

  1. The Company shall appropriately protect personal information and comply with the Privacy Policy posted on the Service's website.

Article 13 (Disclaimer)

  1. The Company does not guarantee that the Service is free from factual or legal defects (including defects related to safety, reliability, accuracy, completeness, effectiveness, suitability for a specific purpose, security, etc., as well as errors, bugs, and infringement of rights).
  2. The Company shall not be liable for any damages or losses incurred by Users in connection with the use of the Service.
  3. The Company shall not be liable for any damages or losses incurred by Users in the event of changes to the Terms (Article 2), suspension of Service provision (Article 7), or termination of the Service (Article 8).
  4. The Company shall not be liable if a User causes damage to another User or a third party through the use of the Service, or if a User suffers damage from another User or a third party.
  5. The Company makes no guarantees regarding the completeness, accuracy, reliability, or usefulness of information obtained by Users through the Service from other Users or third parties.
  6. The Company shall not be liable for any damages resulting from system interruption, delay, suspension, loss of data, unauthorized access to data, or other damages incurred by Users in connection with the Service.
  7. The Company does not guarantee the operation of any equipment or software used by Users.
  8. The costs related to connection charged by telephone companies or various telecommunications carriers incurred when using the Service shall be managed by the User at their own responsibility, and the Company makes no guarantees whatsoever.
  9. The Company shall announce the termination of the Service on the official website and Discord server at least three months prior to the termination date. Users are requested to transfer their NFTs to other wallets at their own responsibility before the termination of the Service. Please note that NFTs cannot be recovered after the termination of the Service.

Article 14 (Claim for Damages)

  1. If a User causes damage to the Company due to an act that violates these Terms or by using the Service fraudulently or illegally, the Company may claim appropriate compensation for damages (including attorneys' fees) against the User.

Article 15 (Governing Law)

  1. The governing law for these Terms shall be Japanese law.

Article 16 (Jurisdictional Court)

  1. For any disputes related to these Terms, the Kyoto Summary Court or the Kyoto District Court shall be the exclusive agreement jurisdictional court of the first instance, depending on the amount of the lawsuit.

Enacted and Effective: December 12, 2024