StandAlone User Terms of Use

1. (Application of Terms)

1. FullSpeed Inc. (hereinafter referred to as "the Company") hereby provides the creator platform service "StandAlone" (including any subsequent service if the name or content of the service is changed for any reason; hereinafter referred to as "the Service") and establishes the rights and obligations between the Company and the User (as defined in Article 2) concerning the use of the Service through these Terms of Use.

2. Notices based on Article 4 (Contact or Notification), as well as guidance and precautions provided by the Company through other means, shall constitute a part of these Terms of Use, and the User shall comply with them. In the event of any discrepancy between the content of such notices and these Terms of Use, the content of the notices shall prevail.

3. In using the Service, the User shall agree to and comply with these Terms of Use. If you do not agree to these Terms of Use, you may not use the Service. Furthermore, minors may not use the Service without the prior consent of a qualified legal representative.

2. (Definitions)

The terms used in these Terms of Use shall have the following meanings:

(1) "Usage Agreement" refers to the contract for the use of the Service concluded between the Company and a person who wishes to use the Service by registering as a user in accordance with the procedures prescribed in these Terms of Use.

(2) "Applicant" refers to a person who agrees to these Terms of Use and wishes to conclude a Usage Agreement with the Company.

(3) "User" refers to a person who has agreed to these Terms of Use and has concluded a Usage Agreement with the Company.

(4) "Paid Member" refers to a User who uses the monthly subscription service.

(5) "Free Member" refers to a User who is not a Paid Member.

(6) "Monthly Subscription Service" refers to the services within the Service that are available to Users registered for a monthly fee-based plan.

(7) "Individual Billing Service" refers to the services within the Service for which Paid Members can be individually charged or make purchases for specific content, etc.

3. (Modification of Terms)

1. The Company may modify these Terms of Use without the User's consent when deemed necessary by the Company.

2. When modifying these Terms of Use, the Company shall contact or notify the User of the content of the modified Terms of Use in advance by the method specified in Article 4, Paragraph 1 (Contact or Notification).

3. If the User uses the Service after the contact or notification in the preceding paragraph, or fails to take withdrawal procedures within the period specified by the Company, the User shall be deemed to have agreed to the modification of these Terms of Use. However, for modifications that legally require the User's consent, the Company shall obtain the User's consent by a method prescribed by the Company.

4. (Contact or Notification)

1. Inquiries regarding the Service and other communications or notifications from the User to the Company, as well as notifications concerning changes to these Terms of Use and other communications or notifications from the Company to the User, shall be made by a method determined by the Company (including, but not limited to, email, or posting on the Service's application or the Company's website).

2. The contact or notification in the preceding paragraph shall become effective at the time the Company sends the content of such communication or notification by email or posts it on the Service's application or the Company's website.

3. If the Company sends a communication or notification to the email address or other contact information registered by the User at the time of application, the User shall be deemed to have received such communication or notification.

5. (Application Method)

1. An Applicant (limited to natural persons, excluding corporations) who wishes to use the Service may apply for registration for the use of the Service by agreeing to comply with these Terms of Use and providing certain information specified by the Company (hereinafter referred to as "Registration Information") to the Company in the manner prescribed by the Company.

2. The application for use of the Service must be made by the person who will actually use the Service, and as a general rule, applications by proxy are not permitted. Furthermore, the Applicant must provide true, accurate, and up-to-date information to the Company when applying for the use of the Service.

6. (Acceptance of Application)

1. Upon receiving an application for the use of the Service as described in the preceding article, the Company shall decide whether to accept the application in accordance with its established screening criteria and procedures. If the Company accepts the application, it will notify the Applicant of its acceptance. With such notification, the Applicant's registration as a User of the Service is complete, and a Usage Agreement is established between the User and the Company. The date of such establishment shall be the contract date.

2. The Applicant acknowledges in advance that the Company may not accept the application in the following cases:
   (1) When there is false information, errors, or omissions in the submitted items at the time of application for the Service.
   (2) When the provision of the applied-for Service, or the arrangement and maintenance of equipment related to the Service, is deemed difficult.
   (3) When it is determined by the Company that the Applicant does not meet the technical environment or technical conditions specified by the Company.
   (4) When providing the Service is significantly difficult for the Company due to business or technical reasons.
   (5) When the Applicant has previously been suspended from using the Service or has had their registration for the use of the Service canceled.
   (6) When the Company determines that the Applicant is violating or is likely to violate these Terms of Use.
   (7) When the Company determines that the Applicant is likely to use the Service for the purpose of damaging the Company's social credibility.
   (8) When the Applicant has applied by impersonating a third party.
   (9) When the Applicant is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of a legal representative, guardian, curator, or assistant.
   (10) When the Company determines that the Applicant is an anti-social force (as defined in Article 14) or has any interaction or involvement with anti-social forces.
   (11) In any other case where the Company deems it inappropriate to accept the application.

3. If the Company decides not to accept the application for use of the Service pursuant to the provisions of the preceding paragraph, it shall promptly notify the User. However, the Company is not obligated to disclose the reason for not accepting the application.

7. (Use of the Service)

1. The User may use the Service in accordance with the methods prescribed by the Company during the effective period of the Usage Agreement.

2. In using the Service, the User shall thoroughly check the recommended environment and specifications of the Service's application, install the application, and maintain an environment where the latest version can always be used. If the User does not maintain an environment where the latest version of the application can be used, the Service may not be provided correctly.

3. The preparation and maintenance of smartphones, software, other equipment, communication lines, and other communication environments necessary to receive the Service shall be at the User's expense and responsibility.

4. The User acknowledges in advance that they may not be able to receive some parts of the Service if they reside outside of Japan.

8. (Management of Account Information)

1. The User shall manage and store their user ID and password for the Service (hereinafter referred to as "Account Information") at their own responsibility, and shall not allow a third party to use them, nor lend, transfer, change the name of, sell, or otherwise dispose of them.

2. The issuance of Account Information is limited to one account per User, and multiple accounts cannot be issued to the same User.

3. The User shall be responsible for any damages resulting from insufficient management of Account Information, errors in use, or use by a third party, and the Company shall bear no responsibility whatsoever.

4. If the User discovers that their Account Information has been stolen or is being used by a third party, they shall immediately notify the Company to that effect and follow the instructions from the Company.

9. (Intellectual Property Rights)

All ownership rights and intellectual property rights related to the Company's website and the Service belong to the Company or to those who have licensed the Company. The license to use the Service based on the registration stipulated in these Terms of Use does not imply the transfer or licensing of the intellectual property rights of the Company or its licensors concerning the Company's website or the Service, except as expressly stated in these Terms of Use. The User shall not engage in any act that may infringe upon the intellectual property rights of the Company or its licensors for any reason (including, but not limited to, reverse assembly, reverse compilation, and reverse engineering).

10. (Usage Fees and Payment Method)

1. The User may use some functions of the Service free of charge.

2. To use certain services within the Service, the User shall pay initial fees, usage fees for the Monthly Subscription Service, usage fees for the Individual Billing Service, and other fees (hereinafter collectively referred to as "Usage Fees, etc.") set according to the content of the said service. The amount or calculation method of the Usage Fees, etc. shall be separately determined by posting on the Service's application or the Company's website.

3. The User shall pay the Usage Fees, etc. to the Company by the payment due date specified by the Company, using the payment method designated by the Company. Any transaction fees or other costs necessary for payment shall be borne by the User.

4. For any reason whatsoever, cancellation or refunds after the completion of payment of Usage Fees, etc. are not possible. However, this shall not apply when the Company decides to issue a refund for a reasonable cause, such as cases arising from criminal acts like fraudulent use of credit cards.

5. If the User is delayed in paying the Usage Fees, etc. for the Service, they shall pay a late payment charge at a rate of 14.6% per annum for the period from the day after the payment due date until the day the payment is made.

11. (Paid Members)

1. A Free Member may use the Monthly Subscription Service by applying in the manner prescribed by the Company.

2. A Free Member wishing to use the Monthly Subscription Service shall pay one month's usage fee for the Monthly Subscription Service at the time of application. The usage fee for the second month and thereafter shall be paid by the end of the effective period of the Monthly Subscription Service.

3. The effective period of the Monthly Subscription Service Usage Agreement shall be one month from the application date and shall be automatically renewed for one month unless the Paid Member completes the cancellation procedure by the end of the effective period.

4. If a Paid Member wishes to terminate the use of the Monthly Subscription Service, they shall perform the cancellation procedure prescribed by the Company. If the Paid Member performs said cancellation procedure, the Monthly Subscription Service Usage Agreement shall terminate at the end of the effective period. The Paid Member may continue to use the Monthly Subscription Service until the effective period expires even after performing the cancellation procedure.

12. (Use of Individual Billing Services)

1. A Paid Member may use the Individual Billing Service by applying in the manner prescribed by the Company.

2. The terms and conditions for the provision of the Individual Billing Service, application method, usage method, payment conditions for usage fees, etc., shall be governed by the terms established by the Company for each Individual Billing Service. In the event of a conflict between the clauses of these Terms of Use and the clauses of the terms established for each Individual Billing Service, the clauses of the terms for the specific Individual Billing Service shall prevail.

3. If a Paid Member loses their status as a Paid Member or Free Member after the establishment of an Individual Billing Service Usage Agreement, due to cancellation procedures for the Monthly Subscription Service, withdrawal procedures from the Service, or other reasons, the Individual Billing Service Usage Agreement shall automatically terminate at the time of such loss of status, unless otherwise provided in the terms for each Individual Billing Service.

13. (Changes to Registered Information)

1. If there is a change in the information submitted to the Company (items described in the application form), the User shall promptly notify the Company in accordance with the procedures prescribed by the Company.

2. The Company shall not be liable for any disadvantages suffered by the User, such as the non-arrival of notifications from the Company, due to a delay in or failure to make the notification mentioned in the preceding paragraph.

14. (Exclusion of Anti-Social Forces)

1. The User and the Company represent and warrant that they do not, at present and in the future, fall under any of the following items:
   (1) Being a Boryokudan (crime syndicate), a member of a Boryokudan, a quasi-member of a Boryokudan, a Boryokudan-affiliated company, a Sokaiya (corporate racketeer), a group engaging in criminal activities under the pretext of social movements, a special intelligence violent group, a cult-like religious organization, or any other similar entity (hereinafter collectively referred to as "Anti-Social Forces"), or having been an Anti-Social Force in the past.
   (2) Having its management controlled by Anti-Social Forces.
   (3) Having a relationship with Anti-Social Forces that is recognized as using them for the purpose of seeking unjust benefits for oneself or a third party.
   (4) Having a relationship with Anti-Social Forces that is recognized as providing funds or other benefits to them.
   (5) Having a socially reprehensible relationship with Anti-Social Forces, such as close association.
   (6) Making violent or unjust demands that exceed legal responsibility.
   (7) Using threatening language or violence in connection with transactions.
   (8) Spreading rumors, or using fraudulent means or force to damage the other party's reputation or obstruct the other party's business.

2. If the User breaches any of the representations or warranties in the preceding paragraph, the Company may, without any notice, immediately suspend or stop the provision of the Service, or terminate all or part of the Usage Agreement. In this case, even if the User incurs damages or losses arising from or related to the suspension of transactions or termination of the Usage Agreement, the Company shall not be liable to the User, and this shall not prevent the Company from claiming damages against the User if the Company incurs damages.

15. (No Warranty and Disclaimer)

1. The Company makes no warranty whatsoever regarding the benefits expected by the User from the provision of the Service, including its fitness for a particular purpose, commercial utility, completeness, and continuity.

2. The preparation and maintenance of the communication environment, etc., necessary to receive the Service shall be at the User's expense and responsibility, and the Company shall not be liable for any operational issues or defects caused by factors related to the internet connection or other server system environments.

3. The Company shall not be liable for any damages incurred by the User in connection with the Service. Even in cases where the Company is liable for damages to the User due to the application of the Consumer Contract Act or other reasons, the Company's liability for damages due to its negligence (excluding gross negligence) shall be limited to direct and ordinary damages, and shall not include indirect damages such as lost profits or loss of business opportunities. Furthermore, the maximum liability shall be the total amount of Usage Fees, etc. (limited to paid Usage Fees, etc.) for the three months preceding the occurrence of the damage.

16. (Confidentiality)

1. The User and the Company shall use all technical, sales, business, financial, organizational, and other information of the other party (hereinafter referred to as "Confidential Information") that was provided, disclosed, or became known orally, in writing, or through other recording media in connection with the Usage Agreement or the Service, solely for the purpose of the Usage Agreement. They shall not provide, disclose, or leak the other party's Confidential Information to any third party without the prior written consent of the other party. However, information falling under any of the following items shall be excluded from Confidential Information:
   (1) Information that was already publicly known or already known at the time it was disclosed or provided by the other party or became known.
   (2) Information lawfully obtained from a third party with the authority to provide or disclose it, without any obligation of confidentiality.
   (3) Information that became publicly known after being provided or disclosed by the other party or after becoming known, through no fault of one's own.
   (4) Information independently developed without relying on Confidential Information.
   (5) Information for which the other party has confirmed in writing that confidentiality is not required.

2. Notwithstanding the provisions of the preceding paragraph, the User and the Company may disclose the other party's Confidential Information based on an order, demand, or request from a law, court, government agency, or financial instruments exchange. However, such disclosure shall be limited to the minimum necessary extent.

3. The User and the Company shall, upon request from the other party or upon termination of the Usage Agreement, return or destroy or erase the other party's Confidential Information and any documents or other recording media (including but not limited to electromagnetic or electronic media) containing or embodying such Confidential Information, and all copies thereof, in accordance with the other party's instructions.

17. (Handling of Personal Information)

The Company shall handle personal information acquired in connection with the provision of the Service with the care of a good manager in accordance with the Company's Privacy Policy (http://www.fullspeed.co.jp/privacy/), and the User agrees to this.

18. (Prohibited Acts)

1. The User shall not engage in the following acts when using the Service:
   (1) Acts that infringe or may infringe on the intellectual property rights, privacy, portrait rights, or other rights of the Company or a third party.
   (2) Acts of slander, defamation, or damage to the honor or credibility of the Company or a third party.
   (3) Acts of fraud or intimidation against the Company or a third party.
   (4) Acts that cause or may cause disadvantage or damage to the Company or a third party.
   (5) Acts that interfere with the operation of the Service, or may interfere with it.
   (6) Acts of using the account information of other users of the Service, or impersonating a third party.
   (7) Acts of providing false information to the Company.
   (8) Acts that hinder the operation of the Company's business or the use of the Service by third parties.
   (9) Acts of transmitting obscene information or information harmful to minors.
   (10) Acts of transmitting information related to heterosexual dating, or acts for the purpose of meeting people of the opposite sex.
   (11) Acts of advertising, promoting, soliciting, or engaging in business activities on the Service without the Company's permission.
   (12) Acts of illegally accessing the Company's network, systems, etc.
   (13) Acts of transmitting information containing computer viruses or other harmful computer programs, or leaving such information in a state where it can be received by third parties.
   (14) Acts of reverse engineering or other analysis of the software or other systems provided by the Company.
   (15) Acts of collecting information of other users of the Service.
   (16) Acts that violate or may violate laws and regulations.
   (17) Acts that are contrary to public order and morals, or may be so.
   (18) Acts that directly or indirectly cause, facilitate, or encourage any of the acts listed in the preceding items.
   (19) Acts of attempting any of the acts in the preceding items.
   (20) Any other acts that the Company deems inappropriate.

2. If the Company determines that a User has committed any of the acts specified in the preceding paragraph, the Company may take measures such as suspending the provision of the Service and deleting the information transmitted by the User without prior notice to the User. The Company shall not be liable for any damages incurred by the User based on measures taken by the Company pursuant to this paragraph.

19. (Suspension or Stoppage of the Service)

1. The Company may suspend or stop the provision of the Service without notifying the User if any of the following events occur. However, in the case of item (2), the User shall be notified in advance.
   (1) When there is a malfunction in the Company's telecommunications or other equipment used for providing the Service (hereinafter referred to as "Service Equipment"), or when there is a risk of such a malfunction.
   (2) When conducting inspections, updates, improvements, or modifications of the Service Equipment.
   (3) When it is unavoidable for operational or technical reasons for the maintenance or construction of the Service Equipment.
   (4) When there is a malfunction in the telecommunications equipment of telecommunications carriers or other parties involved in providing the Service connected to the Service Equipment (hereinafter collectively referred to as "Partner Companies, etc.").
   (5) When the User engages in any of the prohibited acts specified in each item of Paragraph 1 of the preceding Article (Prohibited Acts).
   (6) When the User falls under any of the items of Paragraph 1 of the next Article (Cancellation of Registration, etc.).
   (7) When the Company recognizes that the User's actions interfere with the Company's telecommunications equipment and hinder the performance of the Company's business, or when there is a risk of such interference.
   (8) When, due to laws or regulations, government agencies or Partner Companies, etc. connected to the Service Equipment suspend or interrupt the provision of services to the Company.
   (9) When, based on laws or regulations, it is necessary to prevent or relieve disasters, secure communications or power supply, or prioritize communications that are urgent for the public interest, such as maintaining order.
   (10) When the operation of the Service becomes impossible due to force majeure such as war, riot, turmoil, power outage, fire, earthquake, eruption, flood, tsunami, orders from public authorities, or labor disputes of the Company or Partner Companies, etc.
   (11) When the Company determines that there is a reasonable cause requiring urgency.
   (12) In any other case where the Company deems it unavoidable for business or technical reasons.

2. After suspending or stopping the provision of the Service pursuant to the provisions of the preceding paragraph, if the cause for such suspension or stoppage is resolved and the Company determines that the resumption of service provision is possible, it shall resume the provision of the Service to the User.

3. Except in cases of willful misconduct or gross negligence by the Company, the User shall not be exempt from the obligation to pay Usage Fees, etc., even if the Company suspends or stops the provision of the Service.

4. The Company shall not be liable for any damages incurred by the User, even if the Company suspends or stops the provision of the Service based on this article.

20. (Cancellation of Registration, etc.)

1. The Company may immediately terminate all or part of the Usage Agreement and cancel the User's registration as a Service user without notice if the User falls under any of the following items:
   (1) When the User has violated any of the provisions of these Terms of Use.
   (2) When it is discovered that there are false facts in the information provided to the Company.
   (3) When there has been no use of the Service for three months or more.
   (4) When there is no response to communications from the Company.
   (5) When the User has engaged in an act that interferes with or may interfere with the Company's business activities.
   (6) When the User suspends payments or becomes insolvent, or when a petition for the commencement of bankruptcy proceedings or similar proceedings is filed.
   (7) When the User has used or attempted to use the Service for a purpose or in a manner that may cause damage to the Company, other users, or third parties.
   (8) In any other case where the Company deems it inappropriate for the User to continue using the Service or to be registered as a user.

2. If the User falls under any of the items in the preceding paragraph, the User shall automatically lose the benefit of time for their obligations under the Usage Agreement and must immediately fulfill such obligations.

3. Even if the Company terminates the Usage Agreement pursuant to the provisions of Paragraph 1 of this article, the Company shall not lose its right to claim damages against the User. Furthermore, the Company will not refund any Usage Fees, etc. already received.

21. (Withdrawal)

1. The User may withdraw from the Service and cancel their registration as a Service user by following the procedures prescribed by the Company.

2. If the User has any outstanding debts to the Company at the time of withdrawal, the User shall automatically lose the benefit of time for all such debts and must immediately pay all debts to the Company.

22. (Contract Period)

1. The Usage Agreement shall become effective on the date the registration under Article 6 is completed for the User and shall remain valid between the Company and the User until the earlier of the date on which the said User's registration is canceled or erased, or the date on which the provision of the Service is terminated.

2. If the Usage Agreement is terminated for any reason, the User shall lose all rights granted under the Usage Agreement. Any obligations of the User that arose in connection with the Usage Agreement before its termination, such as the payment of Usage Fees, etc. for the Service, shall not be extinguished until their performance is completed, and the Company shall not lose its right to claim late payment charges against the User.

3. If the Usage Agreement is terminated for any reason, the Company may immediately delete the User's account and is not obligated to respond to any requests from the User for account recovery, transfer, or otherwise.

23. (User's Liability for Damages)

If the User causes damage to the Company by violating these Terms of Use, the User shall be liable to compensate for such damage, regardless of whether the Usage Agreement is terminated.

The Company shall not be responsible for the actions of the User. If the User receives a claim from a third party or a dispute arises with a third party in connection with the use of the Service, the User shall handle such claim or dispute at their own responsibility and expense, indemnify the Company, and if damage is caused to the Company, shall be obligated to compensate for such damage.

If the Company receives any claim from another user, influencer, influencer's agency, or other third party for reasons such as infringement of rights in connection with the User's use of the Service, the User must compensate the Company for the amount the Company is forced to pay to such third party based on said claim.

24. (Prohibition of Assignment of Rights and Obligations, etc.)

1. The User may not assign, transfer, pledge as security, or otherwise dispose of their status under the Usage Agreement and the rights and obligations arising from the Usage Agreement to a third party.

2. If the Company transfers the business related to the Service to a third party (regardless of the form, including business transfer, company split, etc.), the Company may, along with such transfer, assign its status under the Usage Agreement, its rights and obligations under the Usage Agreement, and the User's registered information and other information to the transferee of such transfer, and the User shall be deemed to have consented to such transfer in advance in this paragraph.

25. (Changes to the Service, etc.)

The Company may change the content of the Service or terminate its provision without prior notice or other procedures. However, if the Company makes a change that is significantly disadvantageous to the User or terminates the provision of the Service, the Company shall notify the User in advance.

26. (Severability)

Even if any provision of these Terms of Use or a part thereof is determined to be invalid or unenforceable by the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms of Use and the remaining parts of the provision determined to be partially invalid or unenforceable shall continue to be in full force and effect.

27. (Governing Law)

These Terms of Use shall be governed by and construed in accordance with the laws of Japan.

28. (Jurisdiction)

The Tokyo Summary Court or the Tokyo District Court shall have exclusive agreed jurisdiction in the first instance over all disputes and litigation arising from or related to these Terms of Use.

29. (Matters for Consultation)

The User and the Company shall resolve any doubts that arise regarding these Terms of Use or matters not stipulated in these Terms of Use through consultation in accordance with the principle of good faith and sincerity.

Revised: September 14, 2023

Enacted: April 1, 2023

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