TOBIRA NEKO Terms of Service

The TOBIRA NEKO Service Terms of Use (hereinafter referred to as the "Terms") set out the terms of use for the TOBIRA NEKO service (hereinafter referred to as the "Service"), which allows users to purchase NFTs (hereinafter referred to as the "NFTs") issued by Tobiratory Inc. (hereinafter referred to as the "Company") and use the data recorded in these NFTs. These Terms apply to all matters relating to the use of the Service between the Company and those who use the Service (hereinafter referred to as the "Users"), and Users shall use the Service and purchase NFTs only after understanding and agreeing to these Terms.


Article 1 (Purpose and Contents of the Service)
  1. The purpose of these Terms and Conditions is to define the conditions for using the Service and the rights and obligations between the Company and Users.
  2. This Service is a service through which we sell NFTs (non-fungible tokens issued by us on the blockchain using blockchain technology, or digital data transfer information and other information necessary for trading such digital data on this Service that is recorded on the blockchain in a manner specified by us; the same applies hereinafter) to users through a website provided by us (hereinafter referred to as the "Website").
  3. Minors must obtain the consent of their parent or legal guardian before using this service. If a minor uses this service without the consent of their parent or legal guardian, falsely claiming to have consent or to be an adult, or if a minor uses fraudulent means to make others believe that they are legally competent, they will not be able to cancel any legal actions related to this service.
Article 2 (Use of the Service)
  1. Users must agree to all terms and conditions established by our company, including these Terms (including but not limited to guidelines; the same applies below), and must prepare in advance a token management wallet (hereinafter referred to as the "Wallet") designated by our company to receive the NFTs, using the method specified by our company.
  2. Users represent and warrant that they do not fall under any of the following items and will not fall under any of the following items in the future. If the Company determines that a user falls under or is likely to fall under any of the following items, the Company may refuse to allow the user to use the Service without prior notice or warning. Furthermore, even if the Company refuses the user to use the Service, the Company is not obligated to disclose the reason.
    (1) If you have been denied use of the Service or other services provided by our company in the past, or your account has been cancelled, or you have violated a contract or other agreement with our company
    (2) If the Service is used for illegal or improper purposes, or if allowing the use of the Service is likely to lower the Company's social standing
    (3) If the Company reasonably determines that it is inappropriate for the User to use the Service.
Article 3 (Use of the Wallet, etc.)
  1. In order to purchase and use NFTs using this Service, users must prepare this Wallet at their own responsibility.
  2. When using the Service, Users shall manage information relating to their own Wallet and all other information used in connection with the use of the Service (hereinafter referred to as "Wallet Information, etc.") at their own risk, take necessary measures to prevent unauthorized use by third parties, and shall be fully responsible for any actions taken by themselves or third parties using their Wallet Information, etc.
  3. The Company may deem any actions taken using Wallet Information, etc. to be actions taken by a User who is responsible for managing such Wallet Information, etc.
Article 4 (Purchase of NFTs, etc.)
  1. When a user performs an operation on the NFT sales page on this website that confirms the purchase of the NFT, a sales contract for the NFT (hereinafter referred to as the "Agreement") will be established between us and the user (hereinafter referred to as the "Purchaser").
  2. The Company may impose certain restrictions on the purchase amount of the NFT, the number of times it can be purchased, and other matters related to the buying and selling of the NFT, and purchasers must comply with such restrictions.
  3. If a purchase and sale contract for the NFT is concluded pursuant to the provisions of Paragraph 1, the purchaser shall pay the price of the NFT to our company in accordance with the method separately determined by our company. Furthermore, the blockchain network fees (gas fees, etc.) related to the issuance and transfer of the NFT to the purchaser shall be borne by our company, while the network fees (gas fees, etc.) related to payments via cryptocurrency or electronic payment methods shall be borne by the purchaser. However, in the future, the purchaser may be required to pay the blockchain network fees (gas fees) related to the transfer of the NFT.
  4. After confirming the payment in the preceding paragraph, the data recorded in the NFT will be available for use in a manner specified by the Company.
  5. After a purchaser purchases an NFT, we will manage the NFT in our wallet and transfer it to the purchaser's wallet at a time separately determined by us, unless the Service is terminated.
  6. After the purchaser has paid for the NFT, they may not terminate, withdraw, or cancel this Agreement for any reason, except in cases where our company is found to be in default on its obligations or where permitted by law, and our company will not accept returns or refunds.
  7. If we determine that the purchase of or payment for NFTs (hereinafter referred to as "Purchases, etc.") has been made through the use of automated tools, exploitation of system errors or bugs in the Service, or other fraudulent methods, we may suspend or restrict the purchaser who made such Purchase, etc. from using all or part of the Service or other services provided by us in relation to the NFTs, terminate this Agreement or any other agreement between us and the purchaser, and take any other measures we deem necessary.
Article 5 (Taxes, public dues, fees, etc.)
  1. If taxes or incidental expenses arise in connection with the purchase of this NFT and the use of this Service, the purchaser shall bear these.
  2. The Purchaser shall bear all costs associated with the purchase, installation, or maintenance of the terminal required to use the Service, as well as all communication costs, etc. incurred when using the Service.
Article 6 (Use of the NFT)
  1. The contents of this NFT (such as the utilities represented in this NFT and other data accessible through this NFT) shall be as specified on this website or in the terms and conditions separately established by the Company.
  2. Those who currently hold the NFT (hereinafter referred to as "NFT Holders") may use the NFT in accordance with the conditions separately set forth by the Company for each NFT on this website and the terms and conditions set forth by the Company.
Article 7 (Secondary Use of NFT)
  1. NFT holders may make secondary use of the NFT in accordance with the terms and conditions separately set forth by the Company.
Article 8 (Secondary listing of this NFT)
  1. We may provide a service that allows users to buy and sell NFTs in accordance with the terms and conditions separately established by us.
Article 9 (Intellectual Property Rights, etc.)
  1. The intellectual property rights (meaning copyrights, patents, utility model rights, design rights, trademarks, and other intellectual property rights (including the right to acquire such rights or apply for registration, etc. of such rights) (hereinafter the same) related to the creations related to the NFTs and the text, images, programs, and all other information provided through or constituting the Service (collectively, the "Content") belong to the Company or a third party that holds such rights. The Company's act of permitting use of the Service and the transfer of the NFTs shall not be construed as a transfer of these rights.
  2. We may use (including but not limited to use, distribution, reproduction, modification, display, publication, etc.) any text, images, videos, programs, data, or other information (hereinafter referred to as "derivative works") created by NFT holders using the NFT and creative works related to the NFT in any manner, regardless of format or medium, for the purpose of advertising or promoting the NFT, the Service, or our company, and may also grant third parties the right to use (including but not limited to use, distribution, reproduction, modification, display, publication, etc.).
  3. NFT holders grant us and third parties designated by us permission to use their derivative works free of charge, indefinitely, and unconditionally, and will not exercise any claims, including moral rights, regarding the appropriate use of derivative works by us and such third parties.
  4. The rights granted to us regarding derivative works shall survive even after the termination of this Service.
  5. NFT holders shall guarantee that their derivative works and the Company's use of such derivative works in accordance with these Terms and Conditions do not infringe any third party's intellectual property rights, privacy rights, portrait rights or other personal rights or personal interests.
  6. If a third party files a complaint, files a lawsuit, or otherwise files a dispute regarding a derivative work, the NFT holder shall resolve such dispute at their own responsibility and expense. Furthermore, if the Company requests an investigation into such dispute, the NFT holder agrees to cooperate with the Company.
Article 10 (Prohibited matters)
  1. Users shall not engage in any of the following acts or acts that may result in any of the following:
    (1) Failure to pay for the NFT by the payment deadline
    (2) Any act that violates laws, regulations, public order and morals, or any rules established by the Company, including these Terms of Use.
    (3) Criminal acts or acts related to crimes, or acts that aid or encourage such acts
    (4) Any act that infringes the intellectual property rights, portrait rights, privacy rights, other personal rights, ownership rights, or other property rights of the Company or a third party.
    (5) Any act of modifying or damaging the Service or the Content, or disassembling, decompiling, or reverse engineering it.
    (6) Obtaining the Content by illegal means or reproducing it illegally
    (7) Any act that unfairly discriminates against or slanders the Company or a third party, or damages the reputation or credibility of the Company or the Service
    (8) Any profit-making activity carried out without the approval of the Company.
    (9) Any act that causes damage to the Company or a third party
    (10) Any act that interferes with the operation of the Service
    (11) Purchasing NFTs by citizens, residents, domiciled persons, or visitors of countries or regions where the purchase of NFTs is prohibited, restricted, or otherwise regulated by laws and regulations
    (12) Using the NFT or creative works related to the NFT in violation of rules established by the Company or a third party
    (13) Any other act that the Company deems inappropriate
  2. If we determine that a user has violated the preceding paragraph, we may suspend or restrict the user's use of all or part of the Service or the Content, terminate this Agreement, or take any other measures that we deem necessary.
  3. If a user violates paragraph 1, the Company may claim compensation from the user for all damages (including reasonable attorney's fees) incurred by the Company as a result of the violation.
Article 11 (Changes, Suspension, Cancellation, and Termination of the Service)
  1. If we deem it necessary, we may add new functions to the Service, change the content or name of the Service, or make any other changes to the Service.
  2. If any of the following events occur, we may suspend, discontinue, or terminate the provision of all or part of the Service.
    (1) When the Company conducts regular or emergency maintenance or inspection of the computer systems, etc., used to provide the Service.
    (2) When the operation of the Service becomes impossible due to force majeure, such as earthquakes, tsunamis, typhoons, lightning, heavy rain, floods, or other natural disasters, fires, power outages, or other unforeseen accidents, wars, disputes, unrest, riots, disturbances, labor disputes, epidemics, other epidemics, and infectious diseases, and the resulting social closures.
    (3) When the Service cannot be provided due to a malfunction of the computer system used to provide the Service, unauthorized access by a third party, infection by a computer virus, etc.
    (4) When the Service cannot be provided due to measures based on laws, regulations, etc.
    (5) When the Company notifies the User in advance by email or other means to a reasonable extent.
    (6) Any other reason that the Company deems unavoidable.
  3. If the Company suspends, discontinues, or terminates the provision of all or part of the Service pursuant to the preceding paragraph, the Company will notify the User in advance to a reasonable extent by means of posting on the Service or on a website separately designated by the Company, etc. However, this does not apply in the case of an emergency.
Article 12 (Exclusion of Anti-Social Forces, etc.)
  1. Users represent and warrant that they are not affiliated with anti-social forces, etc., and will not be affiliated with such forces in the future.
  2. The user undertakes not to engage in or cause a third party to engage in any of the following acts:
    (1) Violent demands
    (2) Unreasonable demands that exceed legal responsibility
    (3) Threatening behavior or acts of violence
    (4) Spreading rumors, using fraudulent means or force to damage the Company's credibility or to interfere with the Company's business
    (5) Any act of involvement with anti-social forces, etc., regardless of the method or manner.
  3. Users shall cooperate to a reasonable extent with any investigations conducted by the Company from time to time to determine whether they are members of anti-social forces, and shall submit any materials etc. requested by the Company based on reasonable grounds.
Article 13 (Disclaimer)
  1. The Company does not guarantee the completeness, reliability, validity, usefulness, timeliness, legality or suitability of the information provided by the Service for the User's purposes and environment.
  2. We shall not be liable for any damages incurred by users as a result of their use of or inability to use this service or this NFT.
  3. This Service is not intended to solicit or recommend investment in the NFT, and we do not guarantee that the NFT has speculative or monetary value, that the value of the NFT will be maintained or increase, or that purchasers or NFT holders will have any specific rights or be provided with any specific services.
  4. If an NFT holder lists and sells the NFT they own on the NFT marketplace, we will not bear any responsibility for any contract between the NFT holder and the transferee of the NFT, and the NFT holder will be responsible for such contract.
  5. The Company shall not be liable for any disputes between users or between users and third parties arising from the use of the Service.
  6. The Company shall not be liable for any damages incurred by users due to acts of third parties, such as unauthorized access to the Service or the intrusion of computer viruses.
  7. The Company shall not be liable for any damages incurred by the User due to any telecommunications carrier, electric utility company, or other business operator.
  8. The Company shall not be liable for any damages incurred by the User due to changes to the Service pursuant to Article 11, Paragraph 1 or the suspension, discontinuation or termination of all or part of the provision of the Service pursuant to Article 11, Paragraph 2 (including, but not limited to, damages resulting from the loss of information, etc.).
  9. The provisions of paragraphs 2 and 4 through the preceding paragraph shall not apply in cases where the Company is guilty of willful misconduct or gross negligence, or in cases where the User is a consumer under the Consumer Contract Act.
Article 14 (Liability for damages)
  1. The scope of our liability for damages to users shall be limited to ordinary damages directly and actually incurred by the user, and shall not exceed the purchase price of the NFT received from the user.
Article 15 (Prohibition of Transfer of Rights and Obligations)
  1. Unless permitted by the Company under separate terms and conditions, the User shall not assign, transfer, pledge or otherwise dispose of all or part of his/her status under this Agreement or his/her rights and obligations under this Agreement or these Terms and Conditions to a third party without the prior written consent of the Company.
Article 16 (Revision of these Terms and Conditions)
  1. If the Company deems it necessary, the Company may change these Terms of Use without the consent of the User, and the User agrees to this in advance. The Company shall not be liable for any disadvantage or damage suffered by the User as a result of such changes.
  2. If the Terms are changed, the Company will notify users of the fact that the changes have been made, the content of the changes, and the date when the changes will take effect, in a manner that the Company deems appropriate, at least two weeks prior to the date the changes take effect, and will post the changed Terms on the website or other appropriate location designated by the Company. However, if the changes to the Terms have a significant adverse effect on users or if the Company deems it necessary, the Company will notify users in advance.
  3. Any user who does not agree to the changes to these Terms and Conditions may terminate this Agreement by notifying us in accordance with the procedures separately specified by us by the day before the effective date of the changes set forth in the preceding paragraph.
  4. By continuing to use the Service after changes to these Terms and Conditions come into effect, you will be deemed to have agreed to such changes.
Article 17 (Severability)
  1. Even if any provision or part of any provision of these Terms and Conditions is determined to be invalid, illegal or unenforceable under the Consumer Contract Act or other laws and regulations, the validity, legality and enforceability of the remaining provisions shall not be affected or hindered in any way.
Article 18 (Governing Law and Jurisdiction)
  1. These Terms and Conditions shall be governed by and construed in accordance with Japanese law.
  2. Any disputes arising out of or relating to these Terms and Conditions shall be submitted to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.