Terms of Use
These Terms apply to the use of Omakase Shift and Account Management provided by
Pyxos Co., Ltd. (hereinafter referred to as "we," "us," or "our"). Please be sure to fully
understand and agree the contents of these Terms before using The Service.

Chapter 1 General Rules
Article 1 (Definition)
1.

"The Service" means Omakase Shift and Account Management collectively. (The onethat uses the trial version account to use Omakase Shift is called the "Trial Version
Service", and the one that uses the product version account to use Omakase Shift iscalled the "Product Version Service".)2.

"Registration information" means information about you that is required to be provided
on the premise of using The Service, and refers to information provided by you to us in
the method specified by us.

3.

"Usage information" means various information, communication records, and any otherinformation stored on the server managed by us in order to use The Service, and it
includes information provided by us or obtained by you through your use of The Service.

4.

“Account, etc.” means the account and password required to log in to The Service.
(The accounts for using Omakase Shift are referred to as "trial version accounts" and"product version accounts", and the accounts for using Account Management arereferred to as "usernames".)

5.

"PayPal" means an online payment service provided by PayPal Pte. Ltd. and its domestic
and overseas affiliates. (For PayPal, please visit https://www.paypal.com/)

Article 2 (Notification)
Unless otherwise specified, notices from us to you regarding The Service and the Terms
shall be made by the method posted on the "Notices" displayed on the screen after
logging into the account management service.

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Article 3 (Changes to Terms of Use)
1.

If we deem it necessary, we may change these Terms at any time without prior orsubsequent consent from you.

2.

If we change the content of these Terms, we shall promptly notify you of the content of
the changes. However, notice may be omitted in the case of minor changes that do notdisadvantage you, such as revision of wording.

3.

If you use The Service after the notification, it will be deemed that you have agreed tothe changed terms.

Article 4 (Transfer of Contractual Status)
You may not transfer, etc. to a third party all or part of the contractual status in The
Service, rights or obligations under this contract. However, this shall not apply if there is
written consent from us.

Chapter 2 Usage Contract of Service
Article 5 (Conclusion of Contract)
1.

Individuals or corporations who wish to use each service can apply to use each service
to us by agreeing to these Terms and providing registration information in the manner
specified by us. Please note that we may ask you to submit documents to us to prove
the fact of your registered information.

2.

The contract for the use of each service shall be deemed to have been concluded
when an e-mail confirming the completion of registration is sent to the e-mail address
registered in the registration information by us in response to the application describedin the preceding paragraph.

3.

We may refuse to conclude or renew a contract for the use of each service if theindividual or corporation that wishes to use The Service falls under any of the following
items.
(1) If all or part of the registration information provided to us is false, erroneous, oromitted.

2(2) If we determine that the individual or corporation has interacted with or been involvedin any way with antisocial forces, etc. (organized crime groups, a member of anorganized crime group, right-wing groups, antisocial forces, and other similar persons)such as cooperating with or being involved in the maintenance, operation, ormanagement of antisocial forces, etc., through the provision of funds or other means.
(3) If we determine that the individual or corporation has violated our Terms of Use in thepast or was involved in such violations.
(4) In any other cases, if we determine that the conclusion of the contract is not
appropriate.
4.

In accordance with the provisions of the preceding paragraph, if we refuse to conclude
or renew a contract, we shall not be obliged to disclose the reason.

Article 6 (Change of Registered Information)
You shall be able to freely change your registered information. However, even if you suffer
any disadvantages due to the change or non-change of the registered information, weshall not assume any responsibility.
Article 7 (Account, etc.)
1.

One user name will be provided by us upon conclusion of the account management
service usage contract.

2.

One trial version account will be granted by us upon conclusion of a contract for using
the trial version service, and multiple trial version accounts can be used by performing"addition of trial version account".

Chapter 3 Trial Version Service
Article 8 (Trial Version Service)1.

The trial version service can be used free of charge during the period in which the trial
version account can be used.

2.

A trial version account can no longer be used free of charge after 30 days have passed
since the trial version account was granted or added. However, with regard to the trial
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version account acquired by you based on these Terms, by entering into a contract for
using a paid product version service, even if 30 days have passed since the trial version
account was granted or added, you can use the trial version account as a productversion account.

Chapter 4 Product Version Service
Article 9 (Period of Use)
1.

When using the product version service on a monthly basis (hereinafter referred to as"Monthly Usage"), the period of use shall be one month from the day following thecontract conclusion date.

2.

When using the product version service on a one-year basis (hereinafter referred to as"Yearly Usage"), the period of use shall be one year from the day following the contractconclusion date.

3.

Unless you request to terminate the contract by following the termination procedure
specified in Article 21 to us within the period specified by us, the contract shall be
automatically renewed for one month in the case of Monthly Usage and one year in thecase of Yearly Usage, and the same shall apply thereafter.

4.

You can change Monthly Usage to Yearly Usage, or change Yearly Usage to Monthly
Usage. However, the usage period after the change shall start from the day after the
expiration date of the usage period before the change, regardless of the date ofapplication.

Article 10 (Usage Fee)
1.

When you use the product version service, you shall pay the usage fee to us.

2.

The usage fee is set according to the number of product version accounts. For details,
please check the usage fee displayed on the screen at the time of application. You areresponsible for the transfer fee, remittance fee, and other expenses necessary for
payment. The Service fee does not include communication costs of telecommunications

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carriers, packet charges and other incurred communication costs, etc. in using The
Service.
3.

The usage fee shall be paid to us before the start date of the usage period.

4.

Unless otherwise stipulated between the customer and us, we will not refund any usage
fees that have already been paid.

Article 11 (Payment Method)1.

All payment methods shall be processed by PayPal.

2.

If you use PayPal, a contractual relationship is established between you and PayPal andin the event any dispute arises between you and PayPal, you shall promptly resolve suchdispute at your own responsibility and expense, and we shall not be liable for it.

Chapter 5 Customer Obligations
Article 12 (Preparation of Usage Environment)
You shall, at your own expense and responsibility, prepare the personal computer, tablet
terminal, telephone equipment, other equipment, and communication lines such as theInternet necessary to use The Service, and keep them ready for use of The Service.
Article 13 (Principle of Self-Responsibility)
1.

If you cause damage to a third party or receive a claim or other demand from a third
party due to reasons attributable to you in the course of using The Service, you shallhandle or resolve the claim or demand at your own responsibility and expense. The
same shall apply when you make a claim or other demand to a third party accompanied
by using The Service.

2.

The information provided by you using The Service shall be provided at your own risk,
and we shall make no warranty of any kind regarding its content, etc., and shall not beliable for any damages resulting from it.

3.

If you cause damage to us intentionally or negligently, you shall be liable to us forcompensation for such damage.

Article 14 (Management of Accounts, etc.)5

1.

You shall, at your own responsibility, manage and keep your Account, etc. for The
Service with the care of a good manager, and shall not use, lend, transfer, change thename of, sell or trade your Account, etc. to any third party other than those permitted byus.

2.

You shall be responsible for any damages caused by inadequate management of youraccount, etc., errors in use, or use by a third party, etc., and we shall not be liable for any
such damages.

Article 15 (Protection of Copyright)
1.

You and we shall comply with all laws and regulations related to The Service, including
but not limited to copyright laws, content protection laws, and personal information
protection laws.

2.

We shall own the copyright (including the right to create and use derivative works) to allor part of the system software created by us to provide The Service, and you may not
reproduce, modify, distribute, lend, or otherwise use the system software in any form
beyond the scope of the license granted in the Usage contract of service, etc.

3.

You may not use trademarks (including service marks) owned by us without permission
from us.

Article 16 (Prohibited Matters)
1.

You shall not, in using The Services, engage in any of the following acts or any act that
we deem to fall under any of the following items.
(1) Any act that infringes or may infringe intellectual property rights or other rights suchas copyrights and trademarks of us or any third parties(2) Any act that falsifies or deletes the contents of The Service or information that may
be used by The Service(3) Any act that violates laws or public order and morals, or causes disadvantage to us or
third parties(4) Any act that discriminates or slanders others or defames their honor or credit(5) Any act that leads or may lead to crimes such as fraud6(6) Any act of using The Service by impersonating a third party(7) Any act that transmits or posts harmful computer programs such as viruses(8) Any act of making unreasonable demands against us(9) Any act of personality denial, or other abusive, threatening, intimidating, or violent
behavior against our employees(10) Any act of excessively repeating the same requests or complaints(11) Any act of unreasonably detaining our employees for extended periods(12) Any act of obstructing the operation of the service and causing disruption to it(13) Any act that falls under any of the items of Article 5, Paragraph 3 of these Terms(14) Other than the items in the preceding paragraph, any act that violates these Terms
2.

We may review or monitor usage information when it is necessary to verify compliancewith the preceding paragraph or these Terms of Use.

3.

If we learn that any of the usage information used in connection with the use of The
Service is related to any of the acts described in Paragraph 1, we may, without priornotice to you, take any action that we deem necessary and appropriate, such as deletionor correction of the information related to the acts described in Paragraph 1.

4.

Notwithstanding the preceding two paragraphs, we are not obligated to verify ormonitor usage information, nor are we obligated to prevent or correct violations ofParagraph 1 or the compliance provisions of these Terms of Use.

Chapter 6 Service Contents
Article 17 (Acceptance or Refusal of Warranty of Service Contents)
We make no warranty that The Service will be suitable for your particular purpose, that it
will have the expected features, commercial value, accuracy, or usefulness, that your useof The Service will comply with laws and regulations applicable to you or internal rules of7any industry organization, that it will be error free, or that The Service will not beinterrupted, suspended, or abolished.
Article 18 (Change of Service)1.

We may change the contents or specifications of The Service at any time withoutobtaining prior or subsequent consent from you.

2.

If we change the contents of The Service, we shall promptly notify you of such changes.

Article 19 (Suspension of Service, etc.)
1.

We may halt or interrupt all or part of The Service when we periodically inspect ormaintain systems necessary to provide The Service and the other services. However,
we will notify you in advance if we halt or interrupt the system.

2.

We may halt or interrupt the provision of all or part of The Service without prior noticeor consent of you in any of the following cases.
(1) In case of urgent inspection or maintenance necessary to provide The Service orother services(2) When it is difficult to provide normal service due to significant load or failure of The
Service or other systems necessary to provide other services(3) If there is a power failure of electronic equipment, communication lines, etc. due to an
accident, etc.
(4) If The Service cannot be operated due to force majeure such as earthquake, lightning,
fire, windstorm, flood, power outage, natural disaster, etc.
(5) In any other cases where we deem it necessary to halt or interrupt The Service.

3.

If you or a third party suffers damages due to the halt or interruption of The Service byus, we shall not be liable for any compensation for such damages.

Article 20 (Abolish of Service)
We may abolish the entire provision of The Service that is based on the Terms of Use. In
this case, we will terminate the contract by notifying you with a notice period of twomonths or more.

8Chapter 7 Support
Article 21 (Support)
1.

You shall be entitled to the following support provided by us as incidental to your use of
The Service. However, the timing and method of providing support shall be as
determined by us.
(1) Responding to questions regarding the use of The Service(2) Recovery process in case you make an operational error while using The Service andit is difficult for you to recover by yourself

2.

With respect to the recovery process described in the second item of the preceding
paragraph, we shall not be obligated to achieve complete recovery.

3.

You shall be responsible for any call charges, communication charges, etc. incurred inorder to receive the support.

Chapter 8 Termination of Contract, etc.
Article 22 (Termination)
1.

Even while you are using the Product Version Service, you may terminate thesubscription agreement for the Product Version Service by following the procedures
specified by us.

2.

If you apply to us for termination, the Product Version Service Agreement shallterminate at the expiration of the usage period. In addition, you shall be free to withdraw
the application for termination until the date determined by us.

Article 23 (Suspension of Use and Forced Termination of Contract)1.

If you fall under any of the following, we may, without prior notice to you, halt or forcibly
terminate the use of all or part of The Service.
(1) If you fail to fulfill your obligation to pay the Usage Charges(2) If you have violated any of the provisions of these Terms(3) In case of misrepresentation or omission of information in the application9

(4) If we are unable to contact you over an extended period(5) If you have caused disruption to our business execution or service system, etc., or
have been engaged in an act that may lead to such disturbances(6) In any other cases, if we determine that your continued use of the Service, etc. is not
appropriate
2.

If we suffer damages as a result of you falling under any of the items of the preceding
paragraph, we may demand compensation from you for the damages suffered,regardless of whether The Service is halted or forcibly terminated.

3.

If you have caused disruption to our business execution or service system, etc., or havebeen engaged in an act that may lead to such disturbances.

Chapter 9 Disclaimer
Article 24 (Disclaimer)
1.

You shall agree in advance that some or all of The Services may become unavailable
due to changes in services provided by third parties other than us. We are notresponsible for any damages incurred by you in connection with services provided bythird parties.

2.

We shall not be liable for any damage incurred by you (server down, system failure, dataleakage, etc.) due to natural disasters or other force majeure, or reasons attributable toyou or a third party.
3. We shall not be liable for any damages incurred by you in connection with The
Service (This includes damages arising from problems with third parties), unless suchdamages are caused by our willful misconduct or gross negligence. In addition, ourliability for damages shall be limited to the total amount of usage fees for the past threemonths retroactively from the date of occurrence of the cause of damages.

Chapter 10 Handling of Information
10Article 25 (Management of Information)
We shall manage registration information, usage information, and all other information
disclosed or provided by you in connection with The Service with the care of a goodmanager.
Article 26 (Handling of Personal Information)
Regarding the handling of the personal information contained in the registration
information and usage information, we shall use it only within the scope of our privacy
policy and the consent of you.
Article 27 (Handling of Confidential Information)
1.

Neither we nor you (Hereinafter, the recipient of information is referred to as the"recipient" and the sender of the information is referred to as the "discloser.") shalldisclose or divulge any technical, business, or other business information (Hereinafterreferred to as "confidential information".) provided by the Discloser for the purpose of
performing The Service to any third party. However, this shall not apply to the following
items and other cases specified in these Terms.
(1) Information that was already in the recipient's possession or publicly known at thetime of disclosure or knowledge(2) Information that has become public knowledge through no fault of the recipient after
disclosure or knowledge(3) Information developed independently by the recipient without reference to theinformation disclosed or obtained(4) Information lawfully obtained by the recipient without any obligation of confidentiality
after disclosure or knowledge

2.

Notwithstanding the preceding paragraph, we and you may disclose confidential
information that should be disclosed based on laws and regulations or that should be
disclosed because of the request of an authorized public office, to disclosure
destination based on the provisions of such laws and regulations or to such public
office.

3.

The obligations in this Article shall survive termination.

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Chapter 11 Others
Article 28 (Transfer of Business, etc.)
If we transfer the business related to The Service to another company, due to suchbusiness transfer, we may transfer the position under The Service Usage Contract, rights
and obligations under these Terms, your registration information, and other customer
information to the transferee of such business transfer, and you shall agree to suchtransfer in advance in these Terms. In addition, the business transfer stipulated in theseTerms shall include not only ordinary business transfers but also corporate divestitures
and any other situations in which a business is relocated.
Article 29 (Severability)
Even if any provision or part of these Terms is invalid or unenforceable under theConsumer Contract Act or other laws, the remaining provisions of these Terms and theremaining parts of any provision that is held invalid or unenforceable in part shall continue
to be in full force and effect.
Article 30 (Consultation)
If you and we have different views on any matter not stipulated in these Terms or on theinterpretation of these Terms, you and we shall resolve the matter upon mutual
consultation in good faith.
Article 31 (Governing Law and Jurisdiction)
1.

These Terms shall be governed by and construed in accordance with the laws ofJapan.

2.

If any dispute arises regarding The Service, the Kagoshima District Court, which has
jurisdiction over the location of our head office, shall be the exclusive agreement
jurisdictional court.

Supplementary provisions
These Terms of Use are effective as of December 1, 2016.
These Terms of Use shall be amended and effective as of July 1, 2019.
These Terms of Use shall be amended and effective as of April 1, 2022.
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These Terms of Use shall be amended and effective as of July 17, 2024.

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