Terms of Service
This Terms of Use Agreement (hereinafter referred to as the “Terms”) is set forth by Aday Inc. (hereinafter referred to as “we,” “our,” or “us”) for the service “Aday” (hereinafter referred to as the “Service”). It stipulates the rights and obligations and the conditions to be observed when using the Service, and applies to all users of the Service. Please read the entire Terms of Use before using the Service. 1 Definitions The definitions of the terms used in the Terms shall be as set forth below: (1) “Service” refers to “Aday,” a peer-to-peer support platform service operated and managed by Aday Inc. (2) “User” refers to those who have registered and utilize the Service. (3) “Donate” refers to a feature of the Service that supports peer-to-peer donations on the blockchain. (4) "Pay" refers to a feature of the Service that supports peer-to-peer payments on the blockchain. (5) “World” refers to a feature of the Service providing curation and information on domestic and international organizations, activities, and other events that require support and encouragement. 2 Nature of the Service The Service provides a platform and system for payments and donations between users. Except when payments or donations are made or accepted through our account, we shall not become a contracting party or intermediary in relation to payments or donations between users. 3 Amendments to the Terms of Use 1. We may amend or add to the content of the Terms as necessary, based on the circumstances associated with the Service. 2. When making changes to the Terms, we will announce the intention to make changes, the effective date, and the content of the revised Terms on the Service or by other appropriate means. However, in the case where the amendments require user consent by law, we will obtain user consent through a method specified by us. 4 Registration 1. If you wish to use the Service as a user, you must submit the required information through the form specified by us and apply for registration. 2. Registration is completed when we approve the application mentioned in the preceding paragraph, allowing you to use the Service as a user. 3. We may not approve a user registration application if we determine that any of the following reasons exist. We are not obligated to disclose the reason for registration denial: (1) If false information is provided or if there is an impersonation of someone else; (2) If the information requested by us is not provided; (3) If the application is from someone who has violated any of the Terms in the past; or (4) If, for any other reason, we deem it inappropriate to register the user. 4. Users can set profile information, links to external social media platforms, and other information (hereinafter, including the information provided during the registration application in the preceding paragraph, referred to as “User Information”) using the form specified by us. 5. We provide services related to this application based on the registered User Information. We assume no responsibility for any damages caused to the user due to falsehoods, errors, or omissions in the User Information." 5 Use by Minors 1. Minors must obtain the consent of their legal guardian or representative, such as a parent, for registration and any use of the Service after registration. 2. If a minor user falsely claims to have the consent of a legal representative, misrepresents their age as being of legal age, or uses deception to give the impression of being legally capable, they cannot nullify any legal actions related to the Service or any joint use of properties based on information provided by the Service. 3. If a user, who is a minor at the time of agreeing to the Terms, continues to use the Service after reaching the age of majority, such user is deemed to have confirmed all legal actions related to the Service." 6 Account Management 1. Users are responsible for appropriately managing and safeguarding their accounts. They shall not allow third parties to use their account or lend, transfer, change the name of, buy, sell, or otherwise dispose of their account. 2. We may assume that any use of the Service through a user’s account or the registered password is done by the user themselves. The consequences of such use entirely belong to the user, and we bear no responsibility. 3. If users discover unauthorized use of their account, they must immediately notify us and take reasonable measures to rectify it. If there are instructions from us, the users must follow them. 4. Users are responsible for any damages caused by inadequate account management, user errors, or use by third parties." 7 Donate 1.Users can use the “Donate” feature to make direct donations to any other user at their discretion. 2. The only requirement to accept donations is registration with the Service, and all registered users can be recipients of donations. Additionally, users can generate QR codes and banners that redirect to the “Donate” page and can place them in any external location. 3. Users can make donations only in the cryptocurrency or electronic payment methods specified on the Service (hereinafter referred to as "cryptocurrency, etc."). Users can choose between making a one-time donation or a monthly fixed donation. 4. When users making a donation specify the recipient and the type and quantity of cryptocurrency, etc. on the "Donate" page and press the "Confirm" button, a gift contract for the specified cryptocurrency and quantity is established. 5. Network fees (commonly known as "gas fees") required for the transfer of cryptocurrency, etc. shall be borne by the donor. 6. Users may not solicit donations by transmitting any of the following, whether explicitly or implicitly: (1) Information that motivates other users to donate, such as the necessity of support, use of funds, their affiliation or background, etc.; (2) Any information listed in Provision 12 (17); or (3) Any other posts deemed inappropriate by us. 7. If we determine that a user’s profile content or any other transmitted content falls under any of the provisions of paragraph 6, we can delete or edit the said content. In such cases, we have no obligation to disclose the reason for the deletion or editing of the user-generated content. 8. Users cannot cancel once the gift contract has been established and, except as provided by law, shall not claim the invalidity or cancellation of the established contract. 9. We do not conduct prior or regular reviews of specific user profiles, donation solicitations, or other transmitted content. Users use “Donate” at their own discretion and responsibility, and we shall not be responsible for the return of donations made between users, regardless of the reason. 8 Pay 1. Users can use the ""Pay"" feature to conduct direct payments with any other user. 2. By entering the price and other required items on the ""Pay"" page for registration, users can sell goods, rights, or services they own or can provide (hereinafter referred to as ""goods, etc.""). Users can generate QR codes that navigate to the ""Pay"" page and can place them in any location outside of the Service. 3. When a user who wants to purchase listed goods, etc. presses the ""Pay"" button on the product page, confirms the type and amount of cryptocurrency, etc. used for the payment, and then presses the ""Confirm"" button, an exchange contract for the goods, etc. and the corresponding cryptocurrency, etc. is established. 4. Network fees (commonly known as ""gas fees"") required for the transfer of cryptocurrency, etc. shall be borne by the buyer. 5. Users may not sell goods, etc. on ""Pay"" that include any of the following: (1) Goods, etc. that are prohibited from being possessed or owned under laws; (2) Goods, etc. that are prohibited from being transferred or provided under laws or contracts; (3) Goods, etc. that may violate laws; (4) Goods, etc. that require qualifications, licenses, or notifications for their sale, transfer, or provision under laws; (5) Goods, etc. that may infringe on the rights of third parties (including but not limited to property rights, rights of publicity, privacy rights, rights related to honor and reputation, patent rights, design rights, trademark rights, copyright, publicity rights, and other intellectual property rights); (6) Goods, etc. whose transfer or provision in such a manner may violate sales or advertising regulations under laws; (7) Goods, etc. that violate public order and morals; (8) Goods, etc. recognized to have antisocial or illegal purposes; (9) Goods, etc. that contain any information listed in Provision 12 (18); (10) Goods, etc. whose content is overly complicated or unclear; (11) Goods, etc. that the seller currently does not possess or cannot provide with a specific possibility; or (12) Any other goods, etc. deemed inappropriate by us. 6. Users may not solicit purchases of goods, etc. by transmitting content that contains any of the following, whether explicitly or implicitly: (1) False information that motivates other users to purchase, such as the necessity of support, use of funds, their affiliation or background, etc.; (2) Any information listed in Provision 12 (18); or (3) Any other posts deemed inappropriate by us. 7. If we determine that goods, etc. sold on the “Pay” fall under any of the provisions of paragraph 5, we can delete or edit the page of the goods, etc., and if we determine that the user's profile content or any other transmitted content falls under any of the provisions of paragraph 6, we can delete or edit the content. In such cases, we have no obligation to disclose the reason for the deletion or editing of the user-generated content. 8. Users cannot cancel once the exchange contract has been established and, except as provided by law, shall not claim the invalidity or cancellation of the established contract. 9. We do not conduct prior or regular reviews of specific user profiles, solicitations for purchases, or other transmitted content. Users use ""Pay"" at their own discretion and responsibility, and we shall not be responsible for the return of payments made between users, regardless of the reason. 10. Users can use the “Request” function on the “Pay” page to send billing messages to an email address, via SMS, or to an account of the Service. 11. Recipients of the billing messages mentioned in the preceding paragraph can process payments (transfer of specified cryptocurrencies, etc.) through an existing account or a newly created account of the Service." 9 Transaction Fees The fees for both "Pay" and "Donate" are set at 0%. We shall not collect any transaction fees from either the user who made the payment or donation, or the user who received the payment or donation. 10 World 1. Aday Inc. and users approved by us as curators (hereinafter referred to as “curators”) can curate online articles related to domestic and international organizations, activities, and other events worthy of support and endorsement. These curated articles can be quoted and introduced on the “World” page. 2. When posting on “World”, both Aday Inc. and curators can tag accounts related to the content of the post. Accounts that have been tagged will display the “Follow” and “Donate” buttons, allowing viewers of the “World” page to follow or donate to the tagged user account. 3. Curators shall not quote articles or produce posts that contain any of the following: (1) False information; (2) Content unrelated to introducing domestic or international organizations, activities, and other events worthy of support and endorsement, or any content that doesn’t align with the purpose of the Service; (3) Any information mentioned in Provision 11 (17); or (4) Any other content that we deem inappropriate. 4. If we determine that a curator’s post falls under any of the conditions mentioned in paragraph 3, We may prevent the post from being published or may retract it after it has been posted. In such cases, we are not obligated to disclose the reason for halting or retracting the post. 5. If it becomes evident that a curator’s post meets any of the conditions mentioned in paragraph 3 or if we determine that it is no longer feasible for the curator to continue, we can revoke the curator’s certification. We are not obligated to disclose the reason for this revocation. 6. We do not express or endorse the opinions, views, beliefs, etc., presented in the quoted articles or posts by any specific curator, and we do not conduct preliminary or regular reviews of the content. Users should view and use the content in “World” at their discretion. We assume no responsibility for the content of quoted articles or posts by curators. 11 Ownership of Rights 1. Except for the content provided by users, all intellectual property rights related to the contents of the Service (including copyrights, patent rights, utility model rights, trademark rights, design rights, and the right to acquire these rights and/or apply for their registration, as well as rights of publicity or ideas, know-how, and the like) belong to us or to rights holders who have licensed these rights to us. The use of the Service does not imply a transfer or license of these intellectual property rights. 2. Users grant us an unrestricted, royalty-free license to freely use (including copying, reproducing, modifying, re-licensing to third parties, and all other forms of use) images, videos, text, and other content posted by the user on the Service, within the scope necessary for advertising and promotional purposes of the Service, improvements to the Service, our other business activities, and the development and operation of new services." 12 Prohibited Activities Users must not engage in any of the following acts, or any act deemed applicable by us, in connection with the use of the Service: 1. Acts violating laws, court verdicts, decisions or orders, or legally binding administrative actions, criminal activities, or acts that promote such activities; 2. Acts of fraud or threats against us, other users of the Service, or any third party; 3. Acts contrary to public order and morals; 4. Involvement in money laundering or providing funds for terrorism or acts suspected of such; 5. Infringing on the intellectual property rights, rights of publicity, privacy rights, reputation, credit, or any other rights or interests of us, other users of the Service, or any third party; 6. Acts causing malfunction of the Service; 7. Utilizing, creating, or distributing external tools that exploit unintended bugs in the Service or produce unintended effects; 8. Transmitting harmful computer programs like viruses; 9. Overloading the network or systems of the Service; 10. Unauthorized access to systems connected to the Service or unauthorized alteration/deletion of information stored in our equipment; 11. Renting, transferring, buying, or selling accounts on the Service, whether within or outside of the Service, for a fee; 12. Any preparatory acts for the activities listed in the preceding items, including solicitation, application, and acceptance; 13. Using the Service while walking, driving, or in any other inappropriate situation or manner; 14. Soliciting payments and donations in a fraudulent manner; 15. Claims related to illegal or invalid transactions; 16. Selling securities regulated by the Financial Instruments and Exchange Act (Act No. 25 of 1948); or 17. Issuing or selling NFTs that correspond to cryptocurrency regulated by the Act on Settlement of Funds (Act No. 59 of 2009). 18. Transmitting on the Service or to us or other users of the Service any information that falls under the following: a) Contains excessively lewd expressions regardless of its artistic value; b) Is for the purpose of meeting strangers, regardless of gender, or engaging in lewd acts; c) Contains expressions that encourage or invite suicide or self-harm; d) Pertains to the sale or inappropriate use of drugs or legal highs; e) Concerns advocacy or advertising for specific religions or political groups; f) Contains propaganda about wars or conflicts; g) Relates to chain letter schemes or network business recruitment; h) Contains language equivalent to junk or spam emails; i) Might negatively affect minors; j) Contains violent or cruel expressions or others that might cause discomfort; k) Disseminates harmful programs like computer viruses; l) Or any other information deemed inappropriate by us. 19. Providing us with false or deliberately misleading information; 20. Collecting information about us or other users; 21. Impersonating us, another user, or any third party; 22. Using someone else’s wallet; 23. Advertising, promotion, or solicitation; 24. Providing benefits to antisocial forces or the like; 25. Acts contrary to the Terms and the objectives and purposes of the Service; 26. Encouraging or aiding any of the acts mentioned in the preceding items; or 27. Any other act deemed inappropriate by us." 13 Measures against Violations of the Terms 1. If we determine that a user falls under, or is suspected of falling under any of the following items, at our discretion and without any notice, we may take measures against such user, including but not limited to, deleting all or part of the information, suspending or limiting the use of the Service, and terminating the contract based on the Terms (hereinafter referred to as “Usage Suspension, etc.”): (1) In case of a violation of any provision of the Terms; (2) If it becomes apparent that there is a falsehood in all or part of the information provided to us; (3) If the user becomes insolvent, or if a procedure for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or any similar procedure is initiated; (4) In the event of the user’s death or when the user has received a judgment for commencement of guardianship, curatorship, or assistance; (5) If the user is a minor, an adult ward, a person under curatorship, or a person under assistance and has not obtained the consent of their legal representative, guardian, curator, or assistant; (6) If there is no response to inquiries or other communications requiring a reply from us for more than 30 days; (7) If we determine that the user is a member of an antisocial force or is involved with such forces through financial contributions or other means, or has any interaction or involvement with antisocial forces; (8) If we determine it is necessary for the operation and maintenance management of the Service; (9) If we determine there are reasons similar to the above. 14 User's Liability for Damages 1. If a user violates this Terms or any other related stipulations and causes damages to us or a third party, the user shall be obligated to compensate for such damages. 2. We assume no responsibility for any transactions between users. As a principle, we shall not intervene in disputes between users and has no obligation to do so. Users cannot seek the resolution of disputes from us. However, we may intervene in disputes between users if it is deemed necessary for the smooth operation of the Service. 15 Suspension and Termination of the Service 1. We reserve the right to change or add to the entirety or a portion of the Service without prior notice to the user. 2. We may terminate the provision of the Service by notifying users in advance through announcements on the Service or by other methods deemed appropriate by us. 3. We may temporarily suspend the entirety or a portion of the Service without prior notice to the user in any of the following cases: (1) When periodic or urgent maintenance and repair related to the communication equipment for the Service are to be conducted; (2) When there is excessive access or an unexpected concentration of load on the system due to other unforeseen factors; (3) When there is a need to ensure the security of the user; (4) When services from telecommunication providers are not provided; (5) In the event of natural disasters, fires, power outages, or other unforeseen accidents, or due to force majeure such as war, conflict, unrest, riots, or strikes that make it difficult to provide the Service; (6) When the operation of the Service becomes impossible due to laws or measures based on them; (7) In other cases similar to the preceding items. 16 Disclaimer 1. Except for activities on our account, we provide a platform on the Service and are not a party to exchanges or donations or other contracts. We do not guarantee any of the following: (1) That the content posted by users on “World,” “Pay,” “Donate,” or any other part of the Service is truthful; (2) That there are no invalidating, canceling, rescinding reasons, or other factors hindering the validity of the exchange contracts on ""Pay,"" the contracts billed through Pay's ""Request,"" and the gift contracts on ""Donate""; and (3) That user actions comply with laws and voluntary industry group regulations. 2. We bear no responsibility for any damages incurred by users due to the Service. However, the disclaimer provisions of this paragraph do not apply if the contract is a consumer contract as defined by the Consumer Contract Act, or if there is intentional misconduct or gross negligence on our part. 3. Even when we are liable for damages, we bear no responsibility for damages caused to users by our minor negligence, including those resulting from special circumstances (whether or not we or the user foresaw or could have foreseen such damages). 4. Regardless of the legal cause of action, we are not liable for damages resulting from any of the following: (1) Natural disasters, epidemics, cyber-attacks, wars, riots, governmental actions, strikes, transport or communication line accidents, or other force majeure events hindering the execution of the Service; (2) User equipment malfunctions, internet connectivity issues, or damages resulting from users not setting up a necessary security environment; (3) The loss of user private keys, hardware misplacement, user operational errors, or insufficient verifications; (4) Unauthorized access by third parties, eavesdropping on communication routes, or other such attacks; (5) Rising blockchain network fees (e.g., gas fees), hard forks, or other network malfunctions; (6) Damages arising from third-party services, hardware, or software, whether or not introduced by us; (7) Damages resulting from changes, temporary suspensions, or terminations of the Service; (8) Other damages that cannot be attributed to our fault. 5. Except in cases of our intentional misconduct or gross negligence, we bear no responsibility to compensate for damages related to interruptions, stoppages, terminations, inability to use, or changes in the Service, deletion or loss of user information, suspension of users from this service, loss of data or device malfunction or damage in connection with this service, or any other damages incurred by users related to the Service. 6. If links to other websites from our website, or links to our website from other websites are provided, we make no warranties regarding websites other than our own or the information obtained from them." 17 Exclusion of Anti-Social Forces 1. Users declare that they do not belong to anti-social forces. 2. Users pledge not to engage in, either personally or through a third party, any of the acts or potential acts listed below: (1) Violent demands or demands exceeding legal obligations; (2) Unjust demands that exceed legal responsibilities; (3) Using threats or violence in relation to transactions; (4) Spreading rumors, using deceit, or resorting to intimidation to damage our reputation or obstruct our operations; (5) Any other acts that are similar in nature and form to the aforementioned, regardless of the method or manner. 3. If it is determined that a user is a member of an anti-social force, we may, without prior notice or demand, restrict or suspend all or part of the Service for said user, or take any other necessary actions. 4. We bear no responsibility for any damages incurred by users as a result of the measures stipulated in the preceding paragraph. 18 Prohibition of Transfer of Rights and Obligations Users may not transfer, succeed, set as collateral, or make any disposition of their rights or obligations under the Terms, or their position under the Terms, to a third party, except with our prior written consent. 19 Protection of Personal Information, etc. We shall appropriately handle the personal information (which refers to the personal information defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information) of users obtained through the Service in accordance with the privacy policy separately established by us, and users agree to this provision. 20 Use of External Services 1. When users use the Service and utilize external services or the like, in addition to complying with the Terms, they must also comply with the terms of use and other conditions set forth by the respective external service (including any updated or modified terms and conditions should they change). 2. Responsibility for external services lies with us or the individual providing that external service. We do not guarantee that the said external service will be free from errors, bugs, malfunctions, or security vulnerabilities, will not infringe on third-party rights, possesses the nature and commercial value expected by the user, or conforms to laws or internal regulations applicable to the user. 21 Method of Communication 1. Any communication from us to the user regarding the Service shall be made through postings on the service itself or at appropriate locations within the website operated by us, sending of electronic mails, push notifications, or any other methods we deem suitable. 2.If we communicate via electronic mail, the notification from us is deemed to have been delivered when it would normally arrive, upon sending an email to the registered email address of the user. 22 Severability 1. If any provision or part thereof of the Terms is determined to be invalid or unenforceable, such determination shall not affect the remaining provisions of the Terms, and the remainder of the Terms shall continue to be valid and enforceable. Both we and the user shall strive to ensure an effect equivalent to that of the invalid or unenforceable provision or part thereof, in accordance with its intent. Both parties agree to be bound by the amended Terms. 2. Even if any provision or part thereof of the Terms is determined to be invalid or unenforceable in relation to a particular user, it shall not affect its validity or enforceability in relation to other users. 23 Governing Law The governing law of the Terms shall be the laws of Japan. 24 Jurisdiction For any and all disputes arising out of or in connection with the Service or the Terms, the Kyoto District Court in Japan shall be the agreed-upon exclusive jurisdictional court of first instance.
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