Nihonbashi Art.jp Terms of Use

Article 1 (General Provisions)
These Nihonbashi Art.jp Terms of Use (hereinafter referred to as 'these Terms') set forth the contractual terms when using the services provided by Idaten Co., Ltd. (hereinafter referred to as 'the Company') (the 'Service' as defined in Article 2(1)). If you do not agree to these Terms, you may not use the services provided by the Company.

Article 2 (Definitions)
In these Terms, the following terms shall have the meanings set forth below.
(1) 'Service' Means the general term for the services provided by the Company.
(2) 'User' Means any person who uses the Service.
(3) 'Member' Means a person who has completed the membership registration application in the manner prescribed by the Company.
(4) 'Monthly Member' Means a person who has concluded a subscription agreement for a monthly plan in the manner prescribed by the Company.
(5) 'Monthly Plan' Means a monthly flat-rate Service mainly provided to users; the content of the services provided varies depending on the application details and shall be specified separately. Optional contracts specified in the following paragraph are not included in the Monthly Plan.
(6) 'Optional Contract' Means a general term for fixed-fee services provided by the Company to Members other than the Monthly Plan. The details of optional services shall be specified individually.
(7) 'Free Trial' Means a system that grants a period during which the Service can generally be used free of charge.

Article 3 (Application and Scope of These Terms)
1. Users shall be deemed to have agreed to these Terms by using the Service.
2. In addition to these Terms, the Company may establish individual terms, supplementary provisions, guidelines, etc. regarding the use of each service (collectively referred to as 'Individual Provisions'). Individual Provisions shall form part of these Terms and shall constitute the contractual terms applicable when using the Service.
3. In the event of any inconsistency between these Terms and Individual Provisions, the Individual Provisions shall take precedence.
4. Definitions of terms used in the Individual Provisions shall, unless otherwise specified, be governed by the definitions in these Terms.

Article 4 (Notices to Users)
Notices from the Company regarding the Service shall be made, at the Company's discretion, by one of the following methods:
(1) Posting on the website related to the Service or on the Company's homepage (including the Service application screens). In such cases, the posting time shall be deemed to complete notification to all users.
(2) Sending an electronic mail to the user's email address provided to the Company when using the Service. In such cases, the time the Company sends the email shall be deemed to complete notification to all users.
(3) Mailing to the user's address provided to the Company when using the Service. In such cases, the time the postal item is dispatched to the user's address shall be deemed to complete notification to all users.
(4) Sending an SMS to the mobile phone number provided to the Company. In such cases, the time the SMS is sent shall be deemed to complete notification to all users.

Article 5 (Changes to These Terms and Individual Provisions)
1. The Company may, at its discretion, amend these Terms and Individual Provisions in the following cases:
(1) When the change to these Terms or Individual Provisions is in accordance with the general interests of users;
(2) When the change to these Terms or Individual Provisions does not defeat the purpose of the contract and is reasonable in light of the necessity for change, the appropriateness of the content after change, and other circumstances surrounding the change.
2. The Company shall notify users of changes to the Terms and Individual Provisions under the preceding paragraph.
3. Changes to the Terms and Individual Provisions not falling under paragraph 1 of this Article shall be notified to users in advance. After such notice, if a user uses the Service, the user shall be deemed to have agreed to the amended Terms, and the amended Terms shall take effect. However, if thirty (30) days pass from the date of such notice without any objection, the user shall be deemed to have tacitly agreed to the change.

Article 6 (Use of the Service)
1. The Company shall provide the Service to users on condition that users comply with these Terms.
2. The Company may restrict the content provided for the Service depending on the type of user's communication line, the type of supported device, or other contractual details. Even in such cases, no change shall occur to the usage fees ('Usage Fees') separately stipulated by the Company as consideration for the use of the Service.
3. The types and fees of the Service shall be as defined in the Individual Provisions. The lineup and content of the Service may be changed or discontinued; the Company shall bear no liability in such cases.

Article 7 (Application for Membership Registration)
1. Those who wish to use Services provided exclusively to Members must apply for membership registration in the manner prescribed by the Company after agreeing to these Terms.
2. Membership registration shall be performed by the person who will use the Service.
3. Minors may not register as members without the consent of their legal guardians or custodians.

Article 8 (Membership Registration)
1. Membership registration shall be completed when the applicant receives a notice from the Company accepting the application under the preceding Article and completes the required procedures.
2. The Company may refuse to accept a membership application if any of the following apply:
(1) If it is found that the applicant provided false information at the time of application;
(2) If the Company judges that there is a risk that the applicant will fail to pay fees or other obligations under these Terms or Individual Provisions;
(3) If the Company determines that accepting the application would pose technical or operational difficulties for the Company.

Article 9 (Changes to Member Registration Information)
1. Members must promptly notify the Company of any changes to the information provided to the Company at the time of registration, using the method prescribed by the Company. However, members may not change the name registered with the Company, except in cases such as a change of surname due to marriage and only with the Company’s consent.
2. If a member requests a change to contractual terms, the Company may require the member to present documents proving the facts related to such request.
3. If the Company determines that it cannot provide the Service to the member for technical reasons, the member shall follow the withdrawal procedures in accordance with these Terms.
4. The Company shall not be liable for any disadvantage suffered by a member due to failure to notify the Company under the preceding paragraphs.

Article 10 (Withdrawal)
1. A member wishing to delete their account (hereinafter 'withdrawal') shall notify the Company by the method specified by the Company; the date the Company accepts the withdrawal shall be the withdrawal date.
2. Members shall settle all fees related to the Service by the end of the month that includes the withdrawal date.
3. Obligations of the member incurred during use of the Service shall not be extinguished by withdrawal and shall remain until fulfilled.
4. The Company shall not refund any prepaid usage fees for any reason upon withdrawal.
5. All contracts related to the Service shall be automatically terminated upon withdrawal.
6. If a withdrawing member wishes to re-enter into a contract for the Service, re-contracting is conditional upon full settlement of any outstanding obligations prior to re-contracting.
7. If a withdrawing member re-contracts with the Company for the Service, such re-contract shall be regarded as a new contract distinct from the previous contract.

Article 11 (Handling After Withdrawal)
Upon withdrawal, services available exclusively to members will become immediately unusable after the withdrawal application. Details shall be specified in Individual Provisions.

Article 12 (Application for Monthly Membership)
A member’s application for monthly membership shall be made in the manner prescribed by the Company after agreeing to these Terms. An application for monthly membership may be made simultaneously with the membership registration application.

Article 13 (Service Start Date and Billing Start Date for Monthly Plans)
1. The start date for use of a Monthly Plan shall be as follows, provided that any special provisions in Individual Provisions shall take precedence:
(1) When applying for a Monthly Plan simultaneously with membership registration;
(2) When applying for an additional Monthly Plan after membership registration: the date the Company accepts the Monthly Plan application.
2. The billing start date for Monthly Plans shall be as specified in the Individual Provisions.
3. Monthly usage fees for Monthly Plans shall be those set forth in the Individual Provisions.
4. If the start month and the cancellation month of a Monthly Plan fall within the same month, a cancellation fee equal to one month’s usage fee shall be payable.
5. Regardless of the reason, from the billing start date onward, unless the Monthly Plan is canceled by procedures prescribed by the Company, the Monthly Plan shall be deemed to continue and usage fees shall be incurred regardless of actual use.
6. The Company may offer Monthly Plans under a Free Trial. For Monthly Plans used under a Free Trial, the specific conditions such as billing start date and monthly fees shall be governed primarily by the Individual Provisions relating to the Free Trial.

Article 14 (Optional Contracts)
1. Optional Contracts shall be applied for in accordance with their respective Individual Provisions.
2. Cancellation of Optional Contracts shall be handled pursuant to their respective Individual Provisions and require procedures separate from Monthly Plan cancellations. If a member withdraws from the Service, Optional Contracts shall be automatically terminated.

Article 15 (Suspension of Use and Expulsion)
1. The Company may suspend a member’s use of the Service or expel the member without prior notice in any of the following cases:
(1) If the Company determines that the member has breached these Terms;
(2) If the member’s whereabouts are unknown or the member is unreachable;
(3) If the member obstructs operation of the Service or damages the Company’s reputation;
(4) If the member fails to pay debts owed to the Company by the specified due date;
(5) If credit card payment used for settlement is not authorized or other payment methods cannot be used;
(6) If the member fails to pay debts to partner companies by their specified due dates;
(7) If the member is confirmed deceased;
(8) If the Company deems the member otherwise inappropriate.
2. If a member subject to the preceding paragraph has entered into a contract with a penalty clause, the Company may claim the specified penalty from that member.

Article 16 (Restrictions on Use of the Service)
1. The Company may restrict all or part of the use of the Service in any of the following cases:
(1) If the Company reasonably determines that temporary technical restrictions are necessary to provide the Service;
(2) If equipment necessary to provide the Service fails;
(3) If force majeure such as natural disasters makes it difficult to provide the Service;
(4) If other reasonable reasons prevent provision of the Service;
(5) If the Company determines that the user falls under or is equivalent to any of the items in Article 15(1).
2. The Company shall, in principle, notify users when restricting use under the preceding paragraph; provided, however, that this shall not apply in cases of emergency or Article 15(1)(5).

Article 17 (Reduction of Usage Fees)
1. If the Company fails to provide the Service when it should have done so due to reasons attributable to the Company, the Company shall respond to a member’s claim for a reduction of usage fees only when the Service has been continuously unavailable for twenty-four (24) hours or more from the time the Company became aware that the Service was completely unusable.
2. In such a case, the Company shall regard the continuous period (counted in multiples of 24 hours) after the Company became aware that the Service was completely unusable as the number of days, and the total amount corresponding to those days of the monthly usage fee shall be deemed the amount of damages and shall be the maximum compensation.
3. Any reduction in usage fees under the preceding paragraph shall be made only if the member files a claim within three (3) months from the restoration of the Service.

Article 18 (Payment Methods)
Members shall pay usage fees for the Service by the following methods. Usage fees shall be as specified in the Individual Provisions.
(1) Payment by credit card issued by credit companies designated by the Company.
(2) Other payment methods specified by the Company.

Article 19 (Transfer and Assignment of Claims)
1. Members agree in advance to transfer claims related to monthly usage fees and other claims related to the Service to transferees designated by the Company. In such case, the Company may omit individual notice or consent requests to the member.
2. Members agree in advance that claims assigned to the Company by providers other than the Company (limited to those designated by the Company) under the providers’ terms may be claimed by the Company, and the Company and such providers may omit individual notice or consent requests to the member.
3. In such cases, the Company shall treat the acquired claims as fees for the Service provided by the Company.
4. If the Company transfers the business related to the Service to another company, the Company may transfer the contractual position, rights and obligations under these Terms, member registration details, and other member information to the transferee, and members shall be deemed to have consented to such transfer in advance. This provision includes any case in which the business is transferred, such as corporate split or other forms of business transfer.

Article 20 (User’s Communication Charges)
1. Communication charges for telecommunications lines necessary for users to use the Service are not included in the Usage Fees and shall be borne by the users.
2. Users shall prepare and maintain at their own responsibility and expense the necessary equipment and connections to telecommunications lines required to use the Service.

Article 21 (Default Interest)
If a user defaults on monetary obligations to the Company, the user shall pay default interest to the Company at an annual rate of 14.5% from the day following the due date until full payment.

Article 22 (Disclaimer)
1. The Company does not explicitly or implicitly warrant that the Service is free from factual or legal defects (including, but not limited to, defects related to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, errors, bugs, or infringement of rights). The Company shall not be obligated to remedy such defects to provide the Service.
2. The Company may suspend the Service at its discretion without prior notice to users, and users acknowledge this in advance. The Company shall not be liable for any damages or losses incurred by users due to such suspension.
3. Except as provided in these Terms, the Company shall not be liable for damages incurred by users due to reasons not attributable to the Company in connection with the use of the Service, unauthorized intrusion by third parties into systems or equipment necessary to provide the Service, temporary suspension or restriction of use under these Terms, changes or termination of contracts for the Service, or disputes between users and third parties.
4. If the Company is liable for damages under these Terms, the scope of liability shall be limited to direct and ordinary damages actually incurred by the user, and the Company shall not be liable for lost profits, special damages, incidental or indirect damages, or other consequential damages regardless of foreseeability. The maximum amount of damages shall not exceed the amount of usage fees for the Service received by the Company from the user in the month in which the damage occurred.
5. The Company shall not be liable for any damages arising from inability to provide the Service due to force majeure such as natural disasters.

Article 23 (Prohibited Acts in Using the Service)
1. Users shall not engage in any of the acts specified in the following when using the Service:
(1) Infringing copyrights, trademarks, design rights, patents, utility model rights, or other intellectual property rights of the Company or third parties;
(2) Infringing property rights, portrait rights, publicity rights, moral rights, honor, privacy, etc., of the Company or third parties;
(3) Acts contrary to public order and morals;
(4) Acts violating laws or regulations;
(5) Criminal acts, acts leading to criminal acts, or acts that promote criminal acts;
(6) Posting false information;
(7) Imposing excessive load on the Company’s servers;
(8) Obstructing the operation of the Service;
(9) Using the Service for purposes other than its intended service provision;
(10) Causing disadvantage to the Company or third parties;
(11) Slandering, threatening, or harassing the Company or third parties;
(12) Discriminating against or promoting discrimination against third parties;
(13) Collecting or publishing personal or private information without the consent of the third party;
(14) Using the Service for commercial solicitation regarding the business of users or third parties;
(15) Acts that interfere with the Company’s operations;
(16) Acts prohibited by these Terms or Individual Provisions;
(17) Providing new services to third parties using the Service;
(18) Other acts the Company deems inappropriate.
2. Whether an act falls under the prohibited acts in the preceding paragraph shall be judged at the Company’s discretion, and the Company shall not be obliged to explain its judgment.
3. The Company shall not be liable for any damages caused to users as a result of prohibited acts set forth in this Article.

Article 24 (Indemnification)
Users shall resolve at their own expense and responsibility any claims from third parties arising from use of the Service or from infringement of intellectual property rights or other rights due to the user’s violation of these Terms or Individual Provisions, and shall not cause damage to the Company, its affiliates, or partners. This obligation remains even after suspension, termination, or loss of membership.

Article 25 (Termination of the Service)
The Company may terminate provision of the Service by giving users one month’s prior notice. In such cases, the Company shall not be liable to users or any other parties.

Article 26 (Outsourcing)
The Company may outsource all or part of the operations related to the Service to a third party under the Company’s responsibility, and users shall be deemed to have consented to such outsourcing in advance.

Article 27 (Representations and Warranties Concerning Antisocial Forces)
1. Users represent and warrant at the time of contracting and thereafter that they are not organized crime groups, organized crime-related companies or organizations, or other antisocial forces ('Antisocial Forces'), and that they are not under the control or influence of Antisocial Forces.
2. If it is reasonably recognized that a user falls under any of the following, the Company may terminate the service contract without notice:
(1) Belonging to Antisocial Forces;
(2) Substantial involvement of Antisocial Forces in management;
(3) Using Antisocial Forces;
(4) Providing funds or conveniences to Antisocial Forces;
(5) Having relationships with Antisocial Forces that are socially condemnable;
(6) Using oneself or a third party to use deception, violence, or threatening language toward related parties.
3. Users who fall under any of the preceding items shall compensate the Company for damages caused by such termination and shall not claim compensation from the Company for damages they suffer.

Article 47 (Protection of Personal Information)
The Company shall handle personal information obtained in connection with users’ use of the Service appropriately in accordance with the Company’s Privacy Policy.

Article 48 (Compensation for Damages)
The Company may claim from users compensation for all damages, losses, and costs (including litigation costs and attorney’s fees) incurred by the Company or third parties due to violations of these Terms by the users.

Article 49 (Miscellaneous)
1. If any provision of these Terms is found to be illegal, invalid, or unenforceable, such provision shall be deemed severable and the remaining provisions shall remain valid and enforceable.
2. The Company’s rights arising from these Terms shall not be waived unless the Company explicitly notifies users of such waiver.
3. These Terms shall be governed by and construed in accordance with the laws of Japan, and any dispute arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court as the court of first instance.
4. Any action related to the Service must be brought within one (1) year from the date on which the cause of action arose.

Supplementary Provisions: These Terms shall come into effect on August 1, 2025.