Article 1（Application）

1.These Terms of Use are to prescribe the terms and conditions of this Service and the rights and obligations between the Company and User pertaining to the use of this Service and shall apply to all the relationships between User and the Company concerning the use of this Service.

2.The rules posted on the Company’s website by the Company concerning the use of this Service shall constitute a part of these Terms of Use.

3.If the details of these Terms of Use differ in explanation from the ones prescribed by the rules in a preceding paragraph or any other documents, these Terms of Use shall prevail.

Article 2 (Definition)

Each of the terms used herein shall have the following meaning.

(1)“Service Usage Contract” means the usage contract made and entered into between the Company and User for this Service with these Terms of Use as the terms and conditions of the contract.

(2)“Intellectual Property Right” means a copyright, patent right, model utility right, design right, trademark right and any other intellectual property rights (including the right to acquire those rights and the right to apply for the registration of those rights).

(3)“Posted Data” means the data that User creates, posts and sends by using this service (including but not limited to a video, image, photo, illustration, character, sentence, article, external link and any other data).

(4)“The Company’s Website” means the Company’s website for this Service (including the changed website if, regardless of the reason, the Company’s website domain or details is changed).

(5)“User” means an individual who was registered as a user of this service in accordance with Article 3 (Registration). The “User” includes a tourist (meaning a tourist as a user and the same shall apply hereafter) and locals (meaning a user as an attendant and the same shall apply hereafter).

(6)“Partner” means a non-corporate individual, external corporation or external organization with which the Company affiliates concerning this Service.

(7)“This Service” means the service that is provided by the Company under the name of “SOMEATT” and is designed to help promote locals to interact with a tourist and provide attendance for a tourist (including the changed service if, regardless of the reason, the name or details of the service is changed). The details of this Service shall be prescribed in this Terms of Use and displayed on the Company’s website etc.

Article 3（Registration）

1.Those who are willing to use this Service (hereinafter referred to as “Registration Wisher”) may apply for the usage registration of this Service to the Company by agreeing to obey these Terms of Use and providing the certain information (hereinafter referred to as “Registration Items”) requested by the Company through the method specified by the Company.

2.The Company shall judge whether or not Registration Wisher who applies for registration based on the Company’s criteria in accordance with paragraph 1 (hereinafter referred to as “Registration Applicant”) can be deemed appropriate for registration and shall, if the applicant is deemed appropriate for registration by the Company, notify the Registration Applicant about it. Registration of Registration Applicant as User shall be deemed completed by the notification in this paragraph by the Company.

3.Upon completion of the registration set forth in the preceding paragraph, the Service Usage Contract is made and entered into between User and the Company and User becomes able to use this Service in accordance with these Terms of Use.

4.If any one of the items below apply to Registration Applicant, the Company may decline the registration and re-registration without any obligations to disclose the reason for that.

(1)In the event that Registration Applicant made false or mistaken written statement or committed omission for a part or whole of the registered items they provided to the Company

(2)In the event that Registration Applicant is a minor-aged person, adult ward, person under curatorship or person under assistance and did not obtain the consent of a legal representative, legal guardian, curator or assistant for using this Service

(3)In the event that Registration Applicant is antisocial forces etc. (including an organized crime group, a member of an organized crime group, right-wing organization, antisocial organization and any other similar persons or organizations and the same shall apply hereafter) or Registration Applicant is deemed by the Company to be interacting with 　or involved in antisocial forces by assisting in or getting involved in support, operation or management of antisocial forces through funding or other methods

(4)In the event that Registration Applicant is considered by the Company as the person who violated the contract with the Company in the past or its affiliated person

(5)In the event that Registration Applicant was subject to the measures set forth in Article 12

(6)In the event that the Company judged that Registration Applicant is not deemed to be appropriate for registration for any other reason

Article 4 (Changes of Registration Items)

When User made changes on registered items, he/she shall notify the Company about it in the method specified by the Company without delay.

Article 5 (Management of Password and User ID)

1.User shall appropriately manage and store the password and User ID relating to this Service at their own responsibility and shall not lend or transfer them, change the ownership of them, sell them or have a third party use it.

2.User shall be held responsible for the damages arose as a result of his/her failure of managing passwords and User ID, inappropriate use or the use by a third party.

Article 6 (Use and Function of This Service)

1.User needs to observe these Terms of Use to use this Service.

2.This Service may be used for free unless otherwise provided for. But User needs to pay the amount specified by the Company if he/she uses the fee-charging function specified by the Company. User shall check the details about the price of the fee-charging function displayed on this Service.

3.If User (tourist) makes settings to use “tips function” (hereinafter referred to as “Tips Function”) of this Service, the amount set by User (tourist) himself/herself through the method specified by the Company is treated as the amount for other User (locals).

4.If “Tips Function” is used and the Company receives the request for payment from User (locals), the Company shall pay to the User (locals) the remaining amount as a result of deduction of a platform usage fee from the amount in the preceding paragraph (hereinafter referred to as “Payment Amount”). The platform usage fee is the amount that multiplied 15% to the amount in the preceding paragraph.

5.The amount paid from User (tourist) to other User (locals) shall be received by the Company as a proxy. When User (locals) is willing to receive Payment Amount, the User may receive Payment Amount within about one (1) week from the following date after Payment Amount was decided to be paid by performing the procedures specified by the Company by the deadline specified by the Company. User (locals) may request for receiving Payment Amount only when the amount exceeds five thousand (5,000) Japanese yen and only the sum of Payment Amount may be received (Receiving a part of Payment Amount may not be requested). The deadline to receive Payment Amount shall be within one (1) year after Payment Amount was decided to be paid.

6.User (locals) shall receive Payment Amount by performing the application procedures specified by the Company within one (1) year after the amount was decided to be paid. If User (locals) doesn’t perform the application procedures specified by the Company even after one (1) year from the point of time when the amount is decided to be paid and Payment Amount exceeds five thousand (5,000) Japanese yen, the Company may pay the sum of Payment Amount that the Company received as a proxy to User (locals)’s registered account by the method specified by the Company. If the amount is less than five thousand (5,000) Japanese yen, the Company may, at its discretion, reserve the payment of the sum of the remaining amount as a result of deducting the platform fee from the amount the Company receives at the e-mail address registered by User (locals) as a proxy.

7.The Company shall request the receipt of Payment Amount before one (1) year passes after the amount was decided to be paid to User (locals) who doesn’t perform the application procedures specified by the Company before one (1) year after the amount was decided to be paid and has the remaining amount of five thousand (5,000) Japanese yen or more and has no registered payee’s account by User (locals)’s registration of a payee’s account and performance of application procedures specified by the Company. If the Company makes a request based on this paragraph and User (locals) doesn’t register a payee’s account and perform application procedures specified by the Company even after one (1) year from the point of time the amount was decided to be paid, the Company may, at its discretion, reserve the payment of the sum of the remaining amount as a result of deducting the platform fee from the amount the Company receives at the e-mail address registered by User (locals) as a proxy.

8.If User (locals) loses the status of the User of this Service for resignation of membership or any other reasons, User (locals) shall lose the right to receive outstanding Payment Amount at that point.

Article 7 (Price and Payment Method)

1.User shall, with respect to the fee-charging function, pay the usage price separately specified by the Company and displayed on this Service (including a platform usage fee and the same shall apply hereinafter) to the Company as consideration for the use of this Service by the method specified by the Company. The payment method shall be the one specified by the Company and the Company shall not assume any responsibility for the troubles relating to the payment method.

2.If User is delayed in the payment of the usage fee in the preceding paragraph, the User shall pay delayed damages at the rate of 14.6% of the usage fee a year.

3.The Company shall not return to User the usage fee it received unless otherwise provided for.

Article 8（Prohibited Acts）

When using this Service, User shall not perform the acts to which any one of the following items apply or as the Company considers it applies.

(1)Violate the laws or commit a crime or a similar act

(2)Defraud, intimidate or stalk the Company, other User, Partner or other third party of this Service

(3)Perform immoral acts

(4)Infringe the intellectual property right, portrait right, privacy right, honor protection right, any other rights or benefit of other User, Partner or any other third parties of this Service

(5)Use this Service for the purpose other than what is provided for by the Company

(6)Post on this Service the Posted Data or information that apply to the following item or as the Company considers it applies through this Service and send them to the Company or other User or Partner of this Service

1.Information that includes excessive violent or cruel expression

2.Information that infringes the intellectual property right, portrait right, privacy right, honor protection right, any other rights or benefit of other Users, Partner or any other third parties of this Service

3.Information that includes a third party’s personal information without the consent of the third party

4.Information that includes a computer virus or any other harmful computer programs

5.Information that includes the expression which defames the honor or trust of other User, Partner or any other third party of this Service

6.Information that includes excessive obscene expression

7.Information that includes the expression which promotes discrimination

8.Information that includes the expression which promotes suicide or self-injury

9.Information that includes the expression which promotes an inappropriate use of drugs

10.Information that includes an antisocial expression

11.Information that requests the spread of information to a third party such as chain letters

12.Information that includes the expression which is unpleasant to others

(7)Overload the network or system of this Service

(8)Reverse engineer or analyze the Company’s software or any other systems

(9)Threaten to hinder the operation of this Service

(10)Perform unauthorized access to the Company’s network or system

(11)Impersonate a third party

(12)Use User ID or password of other User of this Service

(13)Perform, on this Service, publicizing, advertising, soliciting or selling act which is not approved by the Company beforehand

(14)Collect information of other User of this Service

(15)Perform an act that brings loss, damage or unpleasantness to the Company, other User, Partner or other third party of this Service

(16)Offer illegal profit to antisocial forces

(17)Perform an act for the purpose of meeting a person of opposite sex with no personal acquaintance

(18)Cause or facilitate the acts in the preceding items directly or indirectly

(19)Attempt to commit an act in the preceding items

(20)Perform any other acts that the Company considers inappropriate

Article 9(Suspension of this Service)

If any of the following items apply, the Company shall suspend or discontinue the provision of the whole or a part of this Service without advance notice to User. The Company shall not assume any responsibility to User for these measures.

(1)In the event of conducting an emergency inspection or maintenance on the computer system for this Service

(2)In the event that this Service became unable to operate due to a computer system error, telecommunication line failure, misoperation, excessive access, unauthorized access or hacking

(3)In the event that this Service became unable to operate due to the spread of an epidemic or infectious disease or an act of God such as an earthquake, lightening, fire, wind and flood damage, blackout or natural disasters

(4)In the event that the Company considers the suspension or discontinuance is necessary

Article 10（Attribution of Right）

1.All the intellectual property right relating to the Company’s website and this Service belong to the Company or the person who grants a license to the Company. The grant of use of this Service based on these Terms of Use does not mean the grant of the use of the intellectual property right of the Company which is associated with the Company’s website and this Service or the person who grants a license to the Company.

2.User shall represent and warrant that he/she, with respect to Posted Data, has a legitimate right to post and send it and the Posted Data does not infringe a third party’s right.

3.User shall grant to the Company worldwide, non-exclusive, free of charge, sublicensable, transferrable license to use, reproduce, distribute, display, execute Posted Data as well as making a derivative work from it for the purpose in the following items. User shall also grant to Partner a non-exclusive license to, by using the function of this Service, use, reproduce, distribute, display and execute Posted Data as well as making a derivative work from it.

(1)For the purpose of providing User with this Service

(2)For the purpose of providing Partner with Posted Data

(3)For the purpose of analyzing Posted Data to improve the quality of this Service

(4)For the purpose of using it for marketing activities of this Service

(5)For other purposes separately provided for by the Company

4.User shall agree not to enforce moral rights of author against the Company and the person who succeeded the right or was granted the right.

5.If the claim for suspension, the claim for damages or any other claims are, with respect to Posted Data, filed against User by a third party because of the infringement of the third party’s intellectual property right, he/she shall resolve the claim on his/her own responsibility at his/her expense. The Company shall not be held liable for the loss caused to User by the claims. If the claim for suspension, the claim for damages or any other claims are filed against the Company by the third party because of Posted Data, the Company may request User to pay to the Company the cost (including but not limited to a reasonable attorney’s fee) to cover all the losses and damages arising out of the claim.

Article 11 (Feedback)

In the event that User provides improvement request, proposal or any other feedbacks (hereinafter collectively referred to as “feedback) in connection with this Service or the Company, he/she shall grant to the Company a worldwide, non-exclusive, free of charge, sublicensable, transferrable license to use, reproduce, distribute, display and execute the feedback as well as making a derivative work from it.

Article 12 (Deletion of Registration)

1.If any one of the following applies to User, the Company may delete or undisplay Posted Data and temporarily suspend the use of this Service by the User or delete the registration as User without prior notice. The Company shall not assume any responsibility for these measures.

(1)In the event of violation of any one of the provisions of these Terms of Use

(2)In the event that it becomes obvious that there is a false statement in a registration item

(3)In the event that User has suspended payment or become insolvent, or filed for the proceedings of bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or any other similar proceedings

(4)In the event that User has not used this Service for one (1) year or more

(5)In the event that User has not responded to the inquiry or contact that a reply is requested from the Company for thirty (30) days or more

(6)In the event that User applies to one of the items in Paragraph 4, Article 3

(7)In the event that the Company considers the User inappropriate to continue to use this Service or to be registered in this Service

2.If any one of the preceding items apply to User, he/she shall naturally lose the benefit of time for all debts the User incurs to the Company and immediately pay all the debts to the Company.

3.User who was deleted from registration in accordance with this Article may not be re-registered unless the Company otherwise approves.

Article 13 (Resignation of Membership)

1.User may resign from this Service and delete his/her registration as User by completing the method specified by the Company.

2.If User has a debt against the Company when resigning from the membership, he/she shall naturally lose the benefit of time for all debts the User incurs to the Company and immediately pay all the debts to the Company.

3.Handling of User information after the User resigned from membership shall be as in accordance with the provisions of Article 17.

Article 14 (Changes of Details of and Termination of this Service)

1.The Company may change the details of this Service and terminate the provision of this Service for the Company’s convenience. The Company shall not assume any responsibility for these measures.

2.In the event that the Company terminates the provision of this Service, the Company shall notify User about it in advance.

Article 15 (Denial of Guarantee and Indemnity)

1.The Company shall not warrant explicitly or implicitly that this Service fits for the specific purpose of User and has expected functions, merchantability, accuracy and usability and that the use of this Service by User complies with the laws applicable to User or internal rules and regulations of industrial associations and that this Service may be used continually and is free from malfunction and does not infringe a third party’s right.

2.User shall save or backup Posted Data on his/her own responsibility. The Company shall not assume any responsibility for the lapse or deletion of Posted Data.

3.The Company shall not compensate for the loss User incurred in connection with this Service over the cost paid by User for the past one (1) month (one thousand [1,000] Japanese yen in case of free of charge service only). The Company shall not be held liable for incidental damages, indirect damages, special damages, future damages and the damages from lost profit.

4.Any troubles related to transaction or contact or disputes arising between User and other User or Partner or a third party in connection with this Service or the Company’s website shall be resolved by User on his/her own responsibility.

5.The Company shall not guarantee that this Service may operate on any information terminals. User shall acknowledge in advance that the upgrading of OS of the information terminal used for this Service may cause this Service to malfunction. The Company shall not warrant that, when the malfunction is caused, the Company’s modification of the program may resolve the malfunction.

Article 16（Confidentiality）

Unless approved in writing in advance by the Company, User shall keep confidential the information that has been unknown for the public and that the Company disclosed to User in connection with this Service under the conditions of treating it in a confidential way.

Article 17 (Handling of User Information)

1.Handling of User information by the Company shall be as separately provided for in the Company’s privacy policy. User shall agree that the Company handles User information according to the privacy policy.

2.The Company may, at its discretion, use and disclose the information and data provided by User as statistical information in a form that an individual is unidentifiable and User shall raise no objection against such use and disclosure.

3.This Service acquires the location information of User using GPS function. In GPS contents, the various information calculated based on GPS location data is not necessarily latest, accurate and complete and does not meet the specific usage purposes and needs of User but just a sort of yardstick and the information on a display changes depending on the environment. The accurate location information may not be acquired depending on the type of the smartphone and the settings of GPS.

Article 18 (Change of Terms of Use)

The Company may change these Terms of Use if the Company determined it necessary. When changing these Terms of Use , the Company shall disseminate or provide notification to User about when it is put into effect and what details are of changed Terms of Use by posting the information on the Company’s website or using any other appropriate way. If the changes on the details require approval by User by laws, the Company shall obtain the consent of User in the method specified by the Company.

Article 19 (Contact/Notification)

1.The contact or notification from User to the Company including an inquiry about this service and the contact or notification from the Company to User including notification regarding the changes on the Terms of Use shall be given in the method specified by the Company.

2.When the contact or notification was given by the Company to the e-mail address or any other contact address filled in on the registered items, the contact or notification shall be deemed to be received by User.

Article 20（Transfer of the Status on the Service Usage Contract）

1.User may not assign, transfer, establish as a collateral or dispose of, to a third party, the rights and obligations that are given based on the status of Service Usage Contract or this Terms of Use without prior written approval by the Company.

2.If the Company transfers the business of this Service to other company, the Company may transfer the status on the Service Usage Contract, rights and obligations that are given based on the Terms of Use, registration items of User and any other customer information to the assignee to which the business will be transferred. User shall be deemed to agree to the transfer in advance in this Paragraph. The business transfer sets forth in this Paragraph shall not only include a normal business transfer but also any cases of business transfers including the split of a company.

Article 21 (Severability)

Even if any of the Articles or a part of them of this Terms of Use is held invalid or unenforceable by Consumer Contract Law or any other laws, the remaining provisions of the Terms of Use and the remaining provisions other than a part of them held invalid or unenforceable shall continue to be fully effective.

Article 22 (Language)

The Japanese version of Terms of Use shall be original. If the Terms of Use is translated into English or any other languages, it is for reference only and the translation shall not have any effect on the validity and interpretation of the Terms of Use.

Article 23 (Governing Law and Competent Court)

1.The governing law of these Terms of Use and Service Usage Contract shall be the laws of Japan.

2.Any disputes arising from or in connection with the Terms of Use or Service Usage Contract shall be exclusively brought in the Tokyo District Court of Japan as the first trial.

[Enacted on 1st July, 2022]

[Revised on ●●, 2022]