Terms of Use

IssueHunt Terms of Use (hereinafter referred to as the “Terms”) set forth the matters to be observed by the Registered Users as well as the rights and obligations of BoostIO, inc (hereinafter referred to as the “Company”) and the Registered Users with respect to the use of the Service (defined in Article 2) provided by the Company. Everyone desiring to use the Service will be required to read through the entire text of the Terms before agreeing thereto.

Article 1. Scope of Application

1.1 The Terms shall define the rights and obligations of the Company and the Registered Users (defined in Article 2), and shall apply to any relationship between the Company and the Registered Users with respect to the use of the Service.

1.2 The rules and regulations concerning the Service which may be posted by the Company on the Website (defined in Article 2) from time to time shall constitute part of the Terms.

Article 2. Definitions

For the purposes of the Terms, the following terms shall have the meanings ascribed to them as follows:

(1) “Contribution" means the act of the Contributor’s sending the Pull Request to the Maintainer.

(2) “Contributor" means the Registered User who is an individual creating source code and making a proposal for an open source project.

(3) “ETH" means the Ethereum that is a kind of crypto currency.

(4) “GitHub" means the platform for software development, in which open source projects are hosted , provided by GitHub Inc. (Address: 88 Colin P Kelly Jr St San Francisco, CA 94107 Unnamed States, the address after change in cases where the address is changed).

(5) “Issue" means a bug report or proposal for function posted on the Repository.

(6) “Maintainer" means the Registered User, who is a developer or administrator of an open source project.

(7) “Merge" means that the Maintainer’s integration of (a) the Pull Request regarding the Contribution approved by itself and (b) the source code of the open source project which is the subject of such Pull Request.

(8) “Pull Request" means the source code and any other deliverables proposed by the Contributor regarding an open source project.

(9) “Repository" means the database in which open source projects, Issue, etc. hosted on GitHub and displayed on the Service are stored.

(10) “Stripe" means Stripe Inc. (Address: 185 Berry Street Suite 550 San Francisco, CA 94107, the address after change in cases where the address is changed).

(11) “SWIFT" means Society for Worldwide Interbank Financial Telecommunication. (Address: Avenue Adele 1. B-1310 La Hulpe. Belgium, the address after change in cases where the address is changed).

(12) “Intellectual Property Rights" means copyrights, patents, utility model rights, trademark rights, and any other intellectual property rights including, without limitation, the rights to acquire these rights or to file an application for the registration of any of such rights.

(13) “Website” means the website on the Internet operated by the Company with the domain of “boostio.co” or “issuehunt.io”, including, without limitation, the new website in cases where the domain or content of the Website is revised, amended or changed for any reason.

(14) “Applicant” means the “Applicant” defined in Article 3.

(15) “Registration Information” means the “Registration Information” defined in Article 3.

(16) “Registered User” means an individual or a corporation who is registered as a user of the Service in accordance with the provisions of Article 3.

(17) “Service” means the service of the platform for software development regarding open source projects named IssueHunt provided by the Company including, without limitation, the service after change in cases where the name or content of the Service is changed for any reason.

(18) “Service Agreement” means the “Service Agreement” defined in Article 3.4.

(19) “Third Party SNS Services” means social networking services provided by third parties, such as GitHub, Facebook, which have functions of user identification, disclosure of relationships with friends, posting of contents in such services, etc. and which shall be used in relation to the Service.

(20) “Third Party SNS Providers” means the entities which provide the Third Party SNS Services.

(21) “Terms of Use for Third Party SNS” means the terms applicable between the Registered User and the Third Party SNS Providers.

Article 3. Registration

3.1 Any person or entity which desires to use the Service (hereinafter referred to as the “Applicant”) may apply to the Company for the registration as a user of the Service by agreeing to abide by the Terms and providing the Company with the information required by the Company (hereinafter referred to as the “Registration Information”) by login to GitHub and in a manner specified by the Company.

3.2 The application for the registration shall be made by an individual or a corporation that will use the Service, and applications by proxy will not be accepted. For each application for the registration, the Applicant shall provide true, correct and current information to the Company.

3.3 The Company may reject the registration if:

(1) the Company determines that the Applicant is likely to violate the Terms;

(2) the Registration Information submitted to the Company contain, in whole or part, false or erroneous statements or omissions;

(3) the registration of the Applicant for the use of the Service has once been cancelled;

(4) the Applicant is a minor, an adult ward, a person under curatorship or a person under assistance, and has not obtained the necessary consent of its respective legal representative, guardian, curator or assistant;

(5) the Company determines that the Applicant is antisocial forces (which mean gang groups, gang members, right-wing groups or other similar entities; the same shall apply hereinafter), or the Company determines that the Applicant is associated with or involved in antisocial forces in any manner such as cooperating or engaging in maintenance, operation, management of antisocial forces through funding or any other method; or

(6) the Company otherwise determines that the registration would be inappropriate.

3.4 The acceptance or rejection of applications for the registration shall be determined by the Company in accordance with the criteria established by the Company, including, without limitation, the items of Article 3.3. The registration of an Applicant as a Registered User shall be deemed to have been completed when the Company issues to the Applicant a notice stating that the application has been accepted. The completion of the registration constitutes the execution of the agreement (the “Service Agreement”) between the Registered User and the Company with respect to the use of the Service in accordance with the provisions of the Terms

3.5 In the event of any change in the Registration Information, the Registered User shall promptly notify the Company of such change in accordance with the procedure specified by the Company and submit to the Company the required information.

Article 4. Use of the Service

4.1 The Registered User may (i) search Issues in the Repository, and (ii) purchase the right to remit fund through the Company to the Issues which such Registered User desired to resolve by paying consideration to the Company, in accordance with the Terms (The Registered User who remits fund on the basis of the purchased rights shall be hereinafter referred to as the "Funding User"). 10% of the consideration paid by the Funding User shall be applied to the fee payable to the Company, and the Funding User may remit fund in the Service within the remaining 90% of the consideration. The amount which the Funding User may remit fund in the Service shall be hereinafter referred to as the "Deposit". The Registered User may also become either the Maintainer and/or Contributor in accordance with the Terms.

4.2 Within 180 days after the remittance of the fund to the Issue, the Funding User may cancel it on condition that the content of the Pull Request is not approved by the Maintainer pursuant to this Article 4 regarding the Issue. In case of the cancellation, the Funding User may remit the cancelled amount of the Deposit to other Issues.

4.3 The Funding User shall acknowledge that the validity period of the Deposit is 180 days from the date of purchase and the Deposit shall be extinguished upon the expiration of the 180 days, and the Funding User shall not make any objection on it.

4.4 The consideration paid by the Funding User pursuant to this Article 4.1 shall not be refunded regardless of the extinction of the Deposit or any other reason. In cases where the Service Agreement is terminated, all Deposit remaining at the time of termination shall be extinguished.

4.5 The Registered User may (i) declare the start or end of the reception of the Contribution made on the Issue of its own open source project as the Maintainer, (ii) provide the Company with a request of withdrawal of the Maintainer Consideration (which shall be defined in this Article 4.8) or Contributor Consideration (which shall be defined in this Article 4.8), and (iii) approve the Contribution and pay the Contributor Consideration as the Maintainer.

4.6 The Contributor may search the Issues registered in the Repository and make a Contribution on the Issue which the Contributor desires to resolve.

4.7 In cases where the Contribution is made pursuant to Article 4.3, the Maintainer shall confirm such Contribution and determine approval or refusal.

4.8 In cases where the content of the Pull Request regarding the Contribution of the Issue for which the fund is remitted pursuant to Article 4.1, is approved by the Maintainer within 180 days from such remittance, the Company shall pay to the Maintainer the amount of the Deposit remitted to the Issue as a consideration for project management (hereinafter referred to as the “Maintainer Consideration”), and the Maintainer shall pay to the Contributor the amount obtained by multiplying the Maintainer Consideration by the Contributor Ratio as consideration for resolution of the Issue (hereinafter referred to as the “Contributor Consideration”). The Contributor Ratio shall be determined and notified to the Company by the Maintainer until approval or refusal pursuant to Article 4.7, and in cases where such ratio is neither determined nor notified by the Maintainer before the approval and refusal pursuant to Article 4.7, the Company may determine such ratio at its discretion.

4.9 In cases where none of the Pull Requests regarding the Issue for which fund is remitted are approved pursuant to Article 4.7 within 180 days from the remittance of the fund pursuant to Article 4.1, the Company shall pay to the Maintainer the amount of the Deposit remitted to the Issue as the Maintainer Consideration after 180 days have elapsed.

Article 5. Payment

5.1 The payment of the Deposit pursuant to Article 4.1 shall be made by the Debit remittance provided by Stripe, remittance system provided by SWIFT, settlement using ETH or any other method specified by the Company. In cases where the Company bears a settlement fee in receiving remittance of Debit operated by Stripe etc., the amount that remains after deducting the settlement fee from the amount actually remitted from the Funding User, shall be deemed to be the consideration paid pursuant to Article 4.1.

5.2 The Maintainer shall grant to the Company the authority to receive the Maintainer Consideration paid by the Registered User pursuant to Article 4.8 and 4.9, and the Company may receive the Maintainer Consideration based on such authority.

5.3 The Contributor shall grant to the Company the authority to receive the Contributor Consideration paid from the Maintainer pursuant to Article 4.8, and the Company may receive the Contributor Consideration based on such authority.

5.4 In cases where the Contribution is approved by the Maintainer pursuant to Article 4.7, the Contributor Consideration shall be deemed to be paid from the Maintainer to the Contributor pursuant to Article 4.8, and the Company shall be deemed to receive the Contributor Consideration on behalf of the Contributor. Within [ ] days after the approval, Maintainer shall provide the Company with a request of withdrawal of the amount that remains after deducting the Contributor Consideration from the Maintainer Consideration in accordance with the procedures specified by the Company, and the Contributor shall provide the Company with a request of withdrawal of the Contributor Consideration in accordance with the procedures specified by the Company. Upon withdrawal request, the Company shall pay by Debit remittance provided by Stripe, remittance system provided by SWIFT, settlement using ETH and any other methods specified by the Company. In the event that remittance of the fund pursuant to Article 4.1is made by settlement using ETH, the remittance pursuant to this Article 5.4 shall also be made by settlement using ETH. The Company may deduct the fee, etc. required for such remittance from such amount.

5.5 In cases where the Maintainer does not provide the Company with a request of withdrawal of the amount that remains after deducting the Contributor Consideration from the Maintainer Consideration within 365 days after the approval in spite of the Company’s request of providing the withdrawal request, the Company may pay it by Debit remittance provided by Stripe, remittance system provided by SWIFT, settlement using ETH or any other method specified by the Company. In cases where the Contributor does not provide the Company with a request of withdrawal of the Contributor Consideration within 365 days after the approval in spite of the Company’s request of providing withdrawal request, the Company may pay by Debit remittance provided, remittance system provided by SWIFT, settlement using ETH or any other method specified by the Company. In the event that remittance of the fund pursuant to Article 4.1is made by settlement using ETH, the remittance pursuant to this Article 5.4 shall also be made by settlement using ETH. The Company may deduct the fee, etc. required for such remittance from such amount.

5.6 In cases where the Company requires the Registered User to provide information necessary for payment procedures under Article 5 (including, but not limited to, account numbers, account names, addresses, etc.), the Registered User shall promptly provide such information to the Company.

5.7 In cases where the payment is not normally completed without any cause attributable to the Company in spite of the Company’s Completion of payment pursuant to Article 5.4 and 5.5, the Company may deem that the Maintainer abandons the amount that remains after deducting the Contributor Consideration from the Maintainer Consideration and that the Contributor abandons the Contributor Consideration, and shall not be liable for any failure of the payment to be completed.

Article 6. Management of User ID and Password

6.1 The Registered User shall be fully responsible for the security and safekeeping of its user ID and password (the “Account Information”) and the Registered User shall not cause or permit any third party to use the Account Information nor shall it loan, assign, cause to be owned in the name of another person, sell or otherwise dispose of the Account Information .

6.2 The Registered User shall be responsible and liable for any damage incurred by the Registered User as a result of inadequate management, wrong or improper use, or use by a third party of the Account Information and other similar events. In no event shall the Company be responsible or liable for such damage.

6.3 In cases where the Account Information is found to be stolen or used by a third party, the Registered User shall immediately notify the Company to that effect and follow the instructions provided by the Company.

Article 7. Prohibited Activities

7.1 The Registered User shall be prohibited from engaging in any of the following acts with respect to the use of the Service:

(1) to perform any act which would infringe any Intellectual Property Rights, portrait rights, privacy rights, credits, or other rights or interests of the Company, other Registered Users, the Third Party SNS Providers or other third parties (including, without limitation, any act which raise such infringement directly or indirectly);

(2) to perform an act associated with a criminal act, or an act against public order and good morals;

(3) to transmit information which is indecent or harmful for minors;

(4) to transmit information related to relationship with people of opposite sex;

(5) to perform any act which violates any law or regulation, or the internal rules of the entity of which the Company or the Registered User is a member;

(6) to transmit information containing computer viruses or other harmful computer programs;

(7) to modify information which can be used for the purpose of the Service;

(8) to transmit through the Service data the volume of which is larger than the size of data specified by the Company;

(9) to perform any act which is likely to interfere with the operation of the Service by the Company; or

(10) to perform any other acts determined by the Company to be inappropriate.

7.2 In cases where the Company determines that the act of the Registered User to transmit information in the Service falls or is likely to fall under any of the items of Article 7.1, the Company may delete all or part of such information without any prior notice to the Registered User. The Company shall in no event be responsible or liable for any damage incurred by the Registered User as a result of an action taken by the Company pursuant to this Article 7.2.

Article 8. Discontinuation or Suspension of the Service

8.1 In the event of any of the following circumstances, the Company shall reserve the right to permanently discontinue or temporarily suspend all or part of the use of the Service without prior notice to the Registered User:

(1) When the Company conducts scheduled or unscheduled inspections or maintenance of the computer systems relating to the Service;

(2) When a computer or telecommunications network ceases to operate or function as a result of an accident;

(3) When the operation of the Service becomes difficult due to fire, power failure, natural disaster, or any other cause of force majeure;

(4) When troubles, discontinuation or suspension of service, discontinuation of association with the Service, changes of specifications, etc. occur with respect to the Third Party SNS Services; or

(5) When for any other reason the Company determines that the discontinuation or suspension will be necessary.

8.2 The Company may, in its discretion, terminate the provision of the Service. In this case, the Company gives prior notice to the Registered User.

8.3 The Company shall not be responsible or liable for any damage incurred by the Registered User as a result of any action taken by the Company in accordance with this Article 8.

Article 9. Preparation of Devices

9.1 The Registered User shall, at its own costs and responsibilities, prepare and maintain computers, software and other devices, and telecommunication line and other communication environment which are necessary to use the Service.

9.2 The Registered User shall, at its own costs and responsibilities, prepare and maintain security systems suitable for the Registered User’s environment for use of the Service to avoid attack of computer virus, unauthorized access, information leakage, etc.

9.3 The Company shall have no obligation to retain the messages or other information transmitted by or to the Registered User through the Service even in cases where such information has been retained by the Company for a certain period for operational reasons, and the Company may delete such information at any time in its discretion. The Company shall not be responsible or liable for any damage incurred by the Registered User as a result of such deletion of information.

9.4 In cases where at the commencement of or during the use of the Service the Registered User installs software or programs from the Website into its computers by way of downloading or other means, the Registered User shall exercise due care in order to prevent the loss or alteration of the information held by it, or any fault or damage to its equipment. The Company shall in no event be responsible or liable for such loss or damage incurred by the Registered User.

Article 10. Ownership and Intellectual Property Rights

10.1 All ownership rights and Intellectual Property Rights in and to the Service and the Website shall vest in the Company or its licensors, and unless otherwise provided for expressly herein, the use of the Service permitted through the registration under the Terms shall not be construed as assigning, or granting any license with respect to, any Intellectual Property Rights concerning the Website or the Service held by the Company or its licensors. The Registered User shall not, for any reason whatsoever, perform any act which would infringe any Intellectual Property Rights of the Company or its licensors, including, without limitation, disassembling, decompiling, or reverse engineering.

10.2 Notwithstanding the provisions of Article 10.1, the Intellectual Property Rights in and to the Pull Request shall belong to the Contributor who made the Pull Request.

10.3 The Registered Users shall grant to the Company the non-exclusive, sublicenseable and royalty-free license to copy, reproduce, modify or otherwise use, without any restriction, the texts, graphics, videos and other data uploaded or transmitted in the Website or the Service by the Registered User.

Article 11 Cancellation of Registration

11.1 The Company may suspend temporarily the use by the Registered User of the Service or cancel the registration of the Registered User without any prior notice if:

(1) the Registered User violates any provision of the Terms;

(2) the Registration Information is found to contain false information;

(3) the Registered User uses or attempts to use the Service for such purposes or in such a manner as would cause damage to the Company, other Registered Users, the Third Party SNS Providers or other third parties;

(4) Use of the Third Party SNS Services or association with the Third Party SNS Services becomes difficult in relation to the Registered User due to its violation of the Terms of Use for Third Party SNS or other reasons;

(5) the Registered User interferes with the operation of the Service by any means;

(6) payment by the Registered User is suspended, or the Registered User becomes insolvent, or an application for a proceeding for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or other similar proceedings is instituted with respect to the Registered User;

(7) the Registered User dishonors any note or check issued or accepted by it;

(8) a petition is filed against the Registered User for attachment, provisional attachment, provisional disposition, judicial enforcement or an auction sale;

(9) the Registered User becomes subject to the procedures for tax delinquency;

(10) the Registered User dies or is subject to an order for the commencement of guardianship, curatorship, or assistance;

(11) the Registered User has not used the Service for a period of one (1) year or more, and has not responded to any communication from the Company;

(12) the Registered User falls under any of the items of Article 3.3; or

(13) the Company determines for any reason that the continuation of the registration of the Registered User would be inappropriate.

11.2 In cases where the Registered User falls under any of items of Article 11.1, any and all monetary debt of the Registered User to the Company shall become forthwith due and payable, and the Registered User shall immediately pay such monetary debt.

11.3 The Company may cancel the Registered User’s registration as a Registered User by sending a 30 days prior notice to the other party in accordance with the procedures specified by the Company.

11.4 The Company shall in no event be responsible or liable for any damage incurred by the Registered User as a result of any action taken by the Company in accordance with the provisions of this Article 11.

11.5 In the event of the cancellation of the registration pursuant to this Article 11, the Registered User shall return, destroy or otherwise dispose of the software, manuals or any other materials supplied by the Company in connection with the Service, in accordance with the instructions provided by the Company.

Article 12 Disclaimer and Limitation of Liability

12.1 The Company makes no warranty for the Pull Request and any other deliverables proposed by the Contributor regarding the Service. The Service is provided “as is”, and the Company makes no warranty of any kind, including, without limitation, warranty of fitness for particular purpose, merchantability, completeness or consistency, with respect to the Service.

12.2 The Company does not make any warranty which is not expressly provided for in the Terms even in cases where the Registered User has acquired from the Company, directly or indirectly, any information concerning the Service, the Website, other Registered Users or any other matter.

12.3 Although the Service may be associated with the Third Party SNS Services, the Company makes no warranty regarding such association. The Company shall not be responsible or liable even when such association is not available.

12.4 In cases where the Service is associated with the Third Party SNS Services, the Registered User shall comply with the Terms of Use for Third Party SNS at its own costs and responsibilities. In no event shall the Company be responsible or liable for disputes, etc. which arise between the Registered User and the Third Party SNS Providers.

12.5 The Registered User shall investigate at its own expense and responsibility to determine whether or not its use of the Service will violate any law or regulation applicable to the Registered User or the internal rules of the entity of which the Registered User is a member, and the Company makes no warranty that the use of the Service by the Registered User will comply with the laws and regulations applicable to the Registered User and the internal rules of the entity of which the Registered User is a member.

12.6 The Registered User shall, with its full responsibility, treat and resolve all transactions, communications, disputes, etc. in connection with the Service or the Website which arise between the Registered User and other Registered Users, the Third Party SNS Providers or other third parties. In no event shall the Company be responsible or liable for them.

12.7 In no event shall the Company be responsible or liable for suspension, discontinuation, unavailability or modification of the Service caused by the Company, deletion or loss of any message or information from the Registered User, cancellation of the registration of the Registered User, loss of data or failure of or damage to equipment through the use of the Service, or any other damage incurred by the Registered User in connection with the Service.

12.8 Even if the Website contains links to and from other websites on the Internet, the Company shall not, for any reason, be responsible for any websites other than the Website or any information obtained therefrom.

12.9 In no event shall the Company be responsible or liable for the damage incurred by the Registered User in connection with the Service. Even if the Company is responsible or liable for the damage by the application of Consumer Contract Law of Japan or other reasons, the responsibility and liability of the Company for the damage are limited to the total amount that the Company receives actually from the Registered User during the last three (3) months before the date on which the cause of such damage occurs pursuant to Article 4.2 or 1,000 Japanese Yen, whichever is the greater.

Article 13. Indemnification by the User

13.1 The Registered User shall indemnify and hold harmless the Company from and against any damage incurred by the Company as a result of any breach by the Registered User of any provision of the Terms or resulting in connection with the use by the Registered User of the Service.

13.2 The Registered User shall immediately notify the Company of any claim against the Registered User brought by other Registered Users, the Third Party SNS Providers or other third parties in connection with the Service or of any dispute arising between the Registered User and any of the other Registered Users or other third parties, and shall settle such claim or dispute at its own expense and responsibility and report the processes and results of the settlement to the Company at the request thereof.

13.3 In cases where a claim is brought against the Company by other Registered Users, the Third Party SNS Providers or other third parties by reason of infringement of rights or for any other reason with respect to the use of the Service by the Registered User, the Registered User shall compensate the Company for any amount of money which the Company has been forced to pay to such other Registered Users, the Third Party SNS Providers or other third parties based on such claim.

Article 14. Confidentiality

14.1 For the purposes of the Terms, the “Confidential Information” means any and all information related to technology, business, operation, finance, organization, etc. of the Company which may be provided or disclosed by the Company to, or come to the knowledge of, the Registered User in connection with the Terms or the Service in writing, orally or in storage media, etc., but excluding information (1) which is generally available to the public or known to the Registered User at the time when the information is provided or disclosed by the Company to or comes to the knowledge of the Registered User; (2) which becomes publicly known through publication or otherwise without fault of the Registered User after the information is provided or disclosed by the Company to or comes to the knowledge of the Registered User; (3) which the Registered User has lawfully acquired without any obligation of confidentiality from a third party authorized to provide or disclose the information; (4) which the Registered User has developed independently of the Confidential Information, or (5) which is confirmed by the Company in writing to be excluded from the obligation of confidentiality.

14.2 The Registered User shall use the Confidential Information of the Company solely for the purpose of using the Service hereunder, and shall not provide, disclose or divulge the Confidential Information of the Company to any third party without the Company’s prior written consent.

14.3 Notwithstanding the provision of Article 14.2, the Registered User may disclose the Confidential Information of the Company when such disclosure is required by law or by an order, requirement or request of a court or governmental authority; provided, however, that such order, requirement or request shall be promptly notified to the Company by the Registered User.

14.4 The Registered User shall first obtain the prior written consent of the Company if it intends to reproduce any document or magnetic storage media containing the Confidential Information of the Company, and shall keep the reproductions under strict control in the same manner as provided for in Article 14.2.

14.5 At any time upon request of the Company, the Registered User shall promptly return to the Company or destroy the Confidential Information of the Company and the documents or other storage media containing or including the Confidential Information along with all reproductions thereof in accordance with the instructions of the Company.

Article 15. Effective Term

The Service Agreement shall become effective on the date of the completion of the registration pursuant to Article 3 in respect of the Registered User, and remain in force and effect between the Company and the Registered User until the earlier of the termination of the registration or the cessation of the provision of the Service.

Article 16. Amendment and Changes to Terms, etc.

16.1 The Company reserves the right to make amendment or change to the contents of the Service without restriction.

16.2 The Company reserves the right to make amendment or change to the Terms (including, without limitation, the rules and regulations concerning the Service which may be posted on the Website; the same shall apply hereinafter in this Article 16). In the event of any amendment or change to the Terms, the Company shall notify the Registered User to that effect. If the Registered User uses the Service, or fails to take steps to cancel the registration within the time specified by the Company after the notice set forth above, the Registered User shall be deemed to have agreed to such amendment and change made to the Terms.

Article 17. Notice

Any inquiries with respect to the Service or other communications or notices from the Registered Users to the Company, or the notices concerning any amendment to the Terms or other communications or notices from the Company to the Registered User shall be made in accordance with the procedures specified by the Company.

Article 18. Assignment of Terms

18.1 The Registered User shall not assign, transfer, grant security interests on or otherwise dispose of its status under the Service Agreement or rights or obligations under the Terms without the prior written consent of the Company.

18.2 In cases where the Company assigns the business regarding the Service to a third party by any means such as business transfer or company split, the Company may, as a part of such assignment of business, assign to the third party assignee its status under the Service Agreement, its rights and obligations under the Terms, and the Registration Information and other information relating to the Registered User, and the Registered User hereby agrees to such assignment in advance.

Article 19. Entire Agreement

The Terms constitute the entire agreement between the Company and the Registered User with respect to the matters contained herein, and supersede all prior agreements, representations and understandings, whether oral or in writing, between the Company and the Registered User with respect to the matters contained herein.

Article 20. Severability

If any provision of the Terms or part thereof is held to be invalid or unenforceable under the Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof shall remain in full force and effect, and the Company and the Registered User shall endeavor to agree to an amendment thereof to the extent necessary to make such invalid or unenforceable provision or part thereof legally operative in order to achieve the same purpose and same legal and economic effect as originally contemplated by such invalid or unenforceable provision or part thereof.

Article 21. Survival of Provisions

The provisions of Articles 4 and 5 (to the extent that the Fee is unpaid), 6.2, 7.2, 8.3, 9, 10, 11.2, 11.4, 11.5, 12 through 14, and 18 through 22 shall survive the expiration or termination of the Terms and remain in full force and effect; provide, however, that Article 14 shall survive only for five (5) years from the expiration or termination of the Terms.

Article 22. Governing Law and Jurisdiction

The Terms shall be governed by the laws of Japan without regard to conflict of laws principles. Any and all disputes arising out of or in connection with the Terms shall be submitted to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court in the first instance.

Article 23. Resolution Through Discussion

Any matters not provided for in the Terms or those giving rise to any doubts with respect to the interpretation of the Terms shall be promptly resolved through good faith discussions between the Company and the Registered User.

Enacted on June 19, 2018