Terms of Use

These terms and conditions govern your use of the “SmashCrusher” service (hereinafter referred to as the “Service”) provided by WINGIT Corporation (hereinafter referred to as the “Company”). Please use the Service upon agreeing to these Terms of Use.

Article 1 (Definitions)
Terms used in this Agreement are defined as follows
(1) Service
Services operated by the Company and related services.
(2) Website
A website on which the contents of the Service are posted.
(3) Contents
A generic term for text, sound, still images, video, software programs, code, etc. (including posted information) provided on the Service
(4) Users
All persons who use the Service.
(5) Registered Users
Those who have completed user registration on the Site.
(6) ID
A string of characters that a registered user uniquely possesses for the use of the Service.
(7) Password
A cipher set uniquely by the registered user in response to the ID
(8) Personal information
A generic term for information that can identify an individual, such as address, name, occupation, telephone number, etc.
(9) Registration information
A generic term for information registered on the Site by registered users (excluding posted information).
(10) Intellectual property
(10) Intellectual Property: Inventions, devices, new varieties of plants, designs, works of authorship and other items produced by human creative activity (including laws or phenomena of nature that have been discovered or clarified and have industrial applicability), trademarks, trade names and other items indicating goods or services used in business activities, trade secrets and other items that may be used in business activities. technical or business information useful for business activities.
(11) Intellectual property rights
Patent rights, utility model rights, breeder’s rights, design rights, copyrights, trademark rights, and any other rights provided by law regarding intellectual property or rights pertaining to legally protected interests.

Article 2 (Agreement to these Terms of Use)
1 Users may use the Service upon agreeing to these Terms of Use.
2 A contract of use in accordance with the various provisions of these Terms of Use shall be established between the user and the Company when the user downloads the Service to his/her smartphone or other information terminal and goes through the procedures for agreeing to these Terms of Use.
3. If the User is a minor, the User must obtain the consent of a person with parental authority or other legal representative before using the Service.
4 If a minor user uses the Service by falsely claiming to have the consent of a legal representative even though he/she does not have such consent, by falsely claiming to be of legal age, or by using other fraudulent means to make the user believe that he/she is of legal capacity, all legal acts related to the Service cannot be revoked.
5 If a user who was a minor at the time of consenting to these Terms of Use uses the Service after reaching the age of majority, such user shall be deemed to have ratified all legal acts related to the Service.

Article 3 (Modification of Terms)
1 The Company may revise the Terms of Use at any time without the consent of the user, and the user agrees to accept such revisions without objection.
2 When the Company revises the Terms of Use, it will notify the user of the contents of such revision by the method prescribed by the Company.
3 The revision of the preceding Terms of Use shall take effect from the time the Company gives notice in accordance with the preceding paragraph.
4 Users will be deemed to have agreed to the revised Terms of Service without objection at the time they use the service after the revision of the Terms of Service.

Article 4 (Admission Procedures for Members)
1 Those who wish to join the Service (hereinafter referred to as “prospective registrants”) must agree to the Terms of Use and apply for membership in the prescribed manner.
2 The person who has applied for membership becomes a registered user upon our acceptance of the application and completion of ID registration.
3 We will send notification of communication matters, advertisements, and other information to registered users by e-mail. Please understand this beforehand.
4 We may, at our discretion, refuse to accept an application for membership if the applicant falls under any one of the following items.
(i) When a prospective member applies for membership without following the method specified by us.
(ii) In the event that the applicant has violated these Terms of Use or other terms of use stipulated by us in the past, the applicant is terminated from membership.
(iii) If we deem that the applicant has registered by wrongful means
(iv) When a prospective registrant has registered information that is not his/her own
(v) We deem the applicant to be inappropriate for any other reason.

Article 5 (Account Management)
1. The user shall manage the information registered for use (hereinafter referred to as “registered information”). ), including e-mail address, ID, password, etc., shall be registered and managed voluntarily under the user’s own responsibility. Users shall not allow any third party to use, lend, transfer, change the name of, sell, or otherwise dispose of such information.
2 When the registered information is used for the Service, the Company may treat it as if it were used by the person who registered for the Service, and the person who registered for the Service shall be held responsible for any and all consequences and liabilities arising from such use.
3. In the event that the unauthorized use of registration information causes damage to the Company or a third party, the user shall compensate the Company and the third party for said damage.
4 Users shall manage their registration information under their own responsibility, and the Company shall not be liable for any disadvantage or damage incurred by users due to inaccurate or false registration information.
5. If it is discovered that registration information has been stolen or used by a third party, the user shall immediately notify the Company to that effect and follow the Company’s instructions.

Article 6 (Handling of Personal Information, etc.)
Personal information and user information shall be handled appropriately in accordance with the “SmashCrusher Service Privacy Policy” separately stipulated by the Company.

Article 7 (Prohibited Acts)
In using the Service, the following acts are prohibited by the Company. If the Company deems that a user has violated any of the prohibitions, the Company may temporarily suspend the user’s use of the Service, cancel the user’s membership, or take any other action that the Company deems necessary.

(1) Infringement of the intellectual property rights of the Company or a third party
(2) Any act that defames or slanders the honor or credit of the Company or a third party, or unfairly discriminates against or slanders the Company or a third party
(3)Any act that infringes or may infringe the property of the Company or a third party
(4)acts that cause economic damage to the Company or a third party
(5)acts that are threatening to the Company or third parties
(6) Acts that specify or induce computer viruses or harmful programs
(7) Actions that place excessive stress on the infrastructure facilities for this service.
(8) Attacks on our servers, systems, or security.
(9) Attempting to access the Company’s service by means other than the interface provided by the Company
(10) Actions in which one user obtains multiple user IDs.
(11) Other than the above, acts that the Company deems inappropriate.

Article 8 (Disclaimer)
1 The Company shall not be liable for any damages caused by changes in content, interruption, or termination of the Service.
2 The Company shall not be involved in, and shall not be liable for, the user’s environment for using the Service.
3 The Company makes no warranty that the Service will be suitable for the user’s specific purpose, that it will have the expected functions, commercial value, accuracy, or usefulness, that the user’s use of the Service will conform to the laws and regulations applicable to the user or internal rules of industry associations, or that defects will not occur. 4. We do not guarantee that the Service will be fully compatible with all information and information services.
4. The Company does not guarantee that the Service is compatible with all information terminals, and the user acknowledges in advance that malfunctions may occur in the operation of the Service due to OS upgrades, etc. of the information terminal used for use of the Service. The Company does not guarantee that such defects will be resolved by the Company’s modification of the program, etc. in the event of such defects.
5. Users shall acknowledge in advance that use of all or part of the Service may be restricted in accordance with changes in the terms of service and operating policies of service stores such as AppStore and Google Play.
6 SOFTBANK TELECOM will not be liable for any damages incurred directly or indirectly by users as a result of using the Service.
7 We shall not be liable for any loss of opportunity, business interruption, or any other damages (including indirect damages and lost profits) incurred by users or other third parties, even if we have been notified of the possibility of such damages in advance.
8 The provisions of Paragraph 1 through the preceding Paragraph shall not apply in the event of intentional or gross negligence on the part of the Company or in the event that the contractor falls under the category of consumer under the Consumer Contract Act.
9 Even in cases where the preceding paragraph applies, SBM shall not be liable for any damage caused to the Subscriber due to negligence (excluding gross negligence). 9 Even if the preceding paragraph applies, we shall not be liable to compensate for damages arising from special circumstances among damages incurred by the user due to acts of negligence (excluding gross negligence).
10 In the event that we are liable for damages in connection with the use of this service, we shall be liable for damages up to the amount of usage received from the user in the month in which the relevant damages occurred.
11 We shall not be liable for any disputes and troubles between users and other users. In the event that a dispute arises between a user and another user, both parties shall be responsible for resolving the dispute and shall not make any claim against the Company.
12 In the event that a user causes damage to another user or a dispute arises with a third party in relation to the use of this service, the user shall compensate for such damage or resolve such dispute at the user’s own expense and responsibility, and shall not cause any trouble or damage to the Company.
13 In the event that our company receives a claim for damages, etc. from a third party as a result of the user’s actions, the user shall resolve such claim at the user’s expense (attorney’s fees) and responsibility. In the event that this company pays compensation for damages to said third party, the user shall pay all expenses (including attorney’s fees and lost profits) including said compensation for damages to this company.
14 In the event that a user causes damage to the Company in relation to the use of the Service, the user shall compensate the Company for the damage (including legal fees and attorney’s fees) at the user’s expense and responsibility.

Article 9 (Posting of Advertisements)
The user understands and agrees that the Service may include any and all advertisements, and that the Company or its partners may place any and all advertisements on the Service. The form and scope of advertisements on the Service may be changed by the Company at any time.

Article 10 (Prohibition of Transfer of Rights)
1 Users shall not transfer their positions under the Terms of Use or their rights or obligations under the Terms of Use, in whole or in part, to any third party without the prior written consent of the Company.
2 We may transfer all or part of the Service to a third party at our discretion, in which case all rights of the user pertaining to the Service, including the user’s account, shall be transferred to the transferee to the extent of the rights transferred.

Article 11 (Severability)
Even if any provision of these Terms and Conditions or part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and Conditions and the remainder of any provision that is determined to be invalid or unenforceable in part shall remain in full force and effect.

Article 12 (Method of Contacting Us)
Any contact or inquiry to the Company by a user regarding the Service shall be made by sending a message via the inquiry form provided on the Service or on the website operated by the Company, or by any other method separately designated by the Company.

Article 13 (Governing Law, Court of Jurisdiction)
1 The validity, interpretation, and performance of these Terms of Use shall be governed by and construed in accordance with the laws of Japan.
2 The Tokyo Summary Court or the Tokyo District Court shall be the court of exclusive jurisdiction for all controversies, lawsuits, and other disputes between the Company and users, etc., depending on the amount of the suit.

December 22, 2022 Effective date