Legal

TERMS OF SERVICE

  • Updated 2024-07-01
  • Updated 2024-07-08 (Added Clauses 5, 12, 13, 22 and reordered existing clauses)
  • Updated 2024-07-08 (Fixed Clause 10 to use EUR instead of USD)
  • Updated 2024-07-08 (Update Clause 24 adding precedence for English version)

AGREEMENT TO OUR LEGAL TERMS

We are LaLoka Labs LLC ("Company," "we," "us," "our"), a company registered in Japan at Matsuura Bldg 5F, 1-9-4 Taito, Taito-ku, Tokyo 110-0016. Our Corporate Number is 6010503006280. We operate the website https://kafkai.com/ (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("User", "you"), and the Company, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms ("Terms").

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Terms for your records.

1. OUR SERVICES

  1. The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
  2. The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property and of third-parties

  1. We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks") except those which are owned by third-parties ("Other Marks").
  2. Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the Japan and around the world.
  3. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.
  4. Other Marks are owned by their respective owners. We do not make any representations or guarantees for the rights to their use granted hereunder to you.

Your use of our Services

  1. Subject to your compliance with these Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable license to:
    • access the Services; and
    • download or print a copy of any portion of the Content to which you have properly gained access.
    • solely for your personal, non-commercial use or internal business purpose.
  2. Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
  3. If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: [email protected]. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
  4. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
  5. Any breach of these Intellectual Property Rights will constitute a material breach of these Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

  1. Submissions: By sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully transferable license to use, reproduce, modify, publish, create derivative works from, and display such Submissions for any lawful purpose, including marketing and business purposes, without acknowledgment or compensation to you. You retain all intellectual property rights in your Submissions.
  2. You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
    • confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
    • to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
    • warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
    • warrant and represent that your Submissions do not constitute confidential information.
  3. You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) any applicable law.

3. USER REPRESENTATIONS

  1. By using the Services, you represent and warrant that:
    • all registration information you submit will be true, accurate, current, and complete;
    • you will maintain the accuracy of such information and promptly update such registration information as necessary;
    • you have the legal capacity and you agree to comply with these Terms;
    • you are not a minor in the jurisdiction in which you reside;
    • you will not access the Services through automated or non-human means, whether through a bot, script or otherwise, unless through allowed methods such as an API;
    • you will not use the Services for any illegal or unauthorized purpose;
    • your use of the Services will not violate any applicable law or regulation.
  2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION AND CREDENTIALS

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

API credentials

  1. If the Company approves a User's usage application based upon review by the Company, the Company will issue credentials (hereinafter referred to as "Credentials") for the User to use to access the Services.
  2. The User shall be held responsible for managing the Credentials issued by the Company, and shall not transfer, lend, or disclose them to any third parties. However, this shall not apply in cases where it must be disclosed due to the nature of a program or application developed using this Service.
  3. The User shall be held responsible for inadequate management, misuse, and damage to third parties caused by the usage of the Credentials, and if the User finds that the Credentials have been used by a third party without authorization, the User shall report it to the Company without delay.
  4. Even in cases of unauthorized usage of the Credentials, the Company shall consider this to be appropriate usage by the User, and shall not accept any responsibility whatsoever for damages incurred by this usage.
  5. If the Company can reasonably assume that there has been usage by a User who has not completed the required registration procedures, or if the Company judges it necessary due to the burden on the Service, the Company may restrict the usage or access for the User or Credentials.
  6. If the Company determines that there has been a violation of the Legal Terms by a User, or if the Company determines that a User's usage of the Service is inappropriate, the Company may restrict that User's access at its discretion without contacting the User.

Deletion of accounts

In order to conserve resources and to provide the best service to you, the Company may delete your account in the following cases:

  1. The User has not made any purchase on the Service.
  2. The User has not logged into the Website or Service for a consecutive period of 90 days.

5. PROHIBITION OF ASSIGNMENT

User may not assign their position or any rights or obligations under these Terms to any third party, nor provide them as collateral, without prior written consent from the Company.

6. PURCHASES AND PAYMENT

  1. We accept payments through the payment method that we specify during checkout.
  2. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales or Value Added (VAT) tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in the currency shown during the checkout process.
  3. You agree to pay all charges at the prices then in effect for your purchases and any applicable fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
  4. We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

7. SUBSCRIPTIONS

  1. Some parts of the Service are billed on a subscription basis ("Subscription(s)"). The User will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a weekly, monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
  2. At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or we cancel it. The User may cancel its Subscription renewal either through the User's online account management page or by contacting our customer support team.
  3. A valid payment method is required to process the payment for your Subscription. You shall provide to the Company accurate and complete billing information including full name, address, postcode code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize the Company to charge all Subscription fees incurred through your account to any such payment instruments.
  4. Should automatic billing fail to occur for any reason, the Services will send a notification indicating that the User must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the notification. The Service reserves the right to restrict the User's access to the Service until full payment is made.

8. FREE TRIAL

  1. Depending on the plan or packages, we also offer free trials to new Users who register with the Services. The account will be charged according to the User's chosen subscription at the end of the free trial.
  2. The duration of the free trial will be shown during checkout.

9. CREDITS

The Company sells dedicated credits (hereinafter referred to as "Credits") to the User that can be applied to the usage fee. If the User wishes to buy Credits, the User must submit the separate application specified by the Company and provide the information required to pay the necessary fee.

  1. Credits are to be sold in units specified by the Company.
  2. The amount of Credits consumed through the use of this Service shall be notified to the User via the Company's Website.
  3. Credits shall be valid for 90 days. When calculating the period of validity for Credits, the date upon which the Credits were acquired (or the date upon which they were purchased) shall be included in the count. The Company shall notify Users of the period of validity for Credits before the end of their validity.
  4. Payment to purchase Credits shall be made using methods specified by the Company on the Website, or as communicated to the User separately.
  5. Users may not share, combine, gift, lend, pledge, transfer, or sell Credits between one another.
  6. If a User corresponds to any of the following, the Company may cancel the User's Credits in whole or part. The Company does not assume any responsibility whatsoever for the cancelled Credits. Furthermore, if the Company determines that Credits were used in an unauthorized manner, the Company may claim damages against the relevant User.
    1. The User acquired Credits illicitly.
    2. The User commits an act that violates the preceding Paragraph (prohibition on transfer of credits) or 'PROHIBITED ACTIVITIES' below.
    3. The User otherwise violates these Terms.
    4. The Company otherwise determines that it is appropriate to cancel the User's Credits.
  7. Except for individually contracted accounts, if the User leaves the Service or the User's account is deleted according to 'USER REGISTRATION AND API CREDENTIALS' above, the unused portion of the User's Credits shall be handled in the same manner as above.
  8. The Company may, by informing the User in advance via an announcement on the Website or another method deemed appropriate by the Company, change the credits used for fees for this Service, and the User consents to this.

10. REFUNDS

  1. Refund requests are considered on a case-by-case basis and granted in sole discretion of the Company.
  2. All granted refunds are subject to 20% refund processing fee of the amount refunded, subject to the conditions below.

Credit Purchases

  1. If the User contacts the Company to request a refund for Credits within three (3) days of the purchase, the User may receive a refund only for the unused portion of the Credits.
    1. The refund amount will be calculated based on the average price of credits (excluding taxes).
    2. The minimum available amount for credit refunds shall be equivalent to EUR20.00 after the refund processing fee has been deducted. Amounts less than EUR20.00 cannot be refunded.
    3. Unless the payment was made by another payment method as specified by the Company, the refund method shall be by bank transfer to an account in the User's name. However, when issuing a bank transfer, the transfer fees shall be borne by the User.

Subscriptions

  1. The User can request a refund for the last monthly rebill within three (3) days of the charge, provided that there was no usage at all since the last rebill.
  2. The minimum available amount for subscription refunds shall be equivalent to EUR20.00 after the refund processing fee has been deducted. Amounts less than EUR20.00 cannot be refunded.

11. PROHIBITED ACTIVITIES

As a User of the Website, you agree NOT TO

  1. Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  2. Use the Website to advertise or offer to sell goods and services.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.
  4. Engage in unauthorized framing of or linking to the Website.
  5. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  6. Make improper use of our support services or submit false reports of abuse or misconduct.
  7. Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
  8. Attempt to impersonate another user or person or use the username of another user.
  9. Sell or otherwise transfer your account.
  10. Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise.
  11. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
  12. Use any information obtained from the Website in order to harass, abuse, or harm another person.
  13. Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.
  14. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you.
  15. Delete the copyright or other proprietary rights notice from any Content.
  16. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, that interferes with any party's uninterrupted use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.
  17. Use the Website in a manner inconsistent with any applicable laws or regulations.

12. NOTICES OR COMMUNICATIONS

Notices or communications between the User and the Company shall be conducted in a manner prescribed by the Company. Unless otherwise specified by the Company in a separate procedure, the Company shall consider the currently registered contact information as valid and shall send notices or communications to such contact information, which shall be deemed to have been received by the User at the time of transmission.

13. ACCOUNT WITHDRAWAL

User may withdraw from the Services in accordance with the withdrawal procedures prescribed by the Company.

14. GUIDELINES FOR REVIEWS

  1. We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria:
    • you should have firsthand experience with the person/entity being reviewed;
    • your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language;
    • your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
    • your reviews should not contain references to illegal activity;
    • you should not be affiliated with competitors if posting negative reviews;
    • you should not make any conclusions as to the legality of conduct;
    • you may not post any false or misleading statements;
    • you may not organize a campaign encouraging others to post reviews, whether positive or negative.
  2. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

15. THIRD-PARTY WEBSITES AND CONTENT

The Services may include links to third-party websites and content. We do not monitor or control these third-party sites or their content and are not responsible for their accuracy, reliability, or practices. Accessing these sites or content is at your own risk and our terms no longer apply once you leave our Services. Review the terms and privacy policies of any third-party sites you visit. Any purchases or interactions with third-party websites are solely between you and the third party, and we are not liable for any issues arising from these transactions or content.

16. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy here. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the countries listed below ("Hosting Countries").

  • Japan
  • United States
  • Singapore

If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Hosting Countries, then through your continued use of the Services, you are transferring your data to the Hosting Countries, and you expressly consent to have your data transferred to and processed in the Hosting Countries.

17. INDEMNIFICATION; DISCLAIMER OF WARRANTIES; LIMITATIONS ON LIABILITY

  1. (a)
    Indemnity: The User will defend, indemnify, and hold harmless the Company, the Company's affiliates, and the Company's personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.
  2. (b)
    Disclaimer: THE SERVICES ARE PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
  3. (c)
    Limitations on Liability: IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

18. CHANGES AND TERMINATION OF THIS SERVICE

  1. We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
  2. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

19. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

  • monitor the Services for violations of these Terms;
  • take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities;
  • in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
  • in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
  • otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

20. TERM AND TERMINATION

  1. These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
  2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

21. ELIMINATION OF ANTI-SOCIAL FORCES

  1. Within this Legal Terms, Anti-Social Forces ("ASF") shall mean a person or entity which falls under any of the following items:
    • an organized crime group;
    • a member of any organized crime group;
    • a former member of any organized crime group who has withdrawn from an organized crime group but less than 5 years have elapsed since;
    • a sub-member of any organized crime group;
    • a corporation related to any organized crime group;
    • a corporate extortionist;
    • a racketeer acting as if advocating legitimate social activism, etc.;
    • a special intelligence organized crime group;
    • a person or entity equivalent to any of the above howsoever described
  2. The User represents and warrants to the the Company that the User does not fall under ASF nor fall within any of the items as listed above.
  3. The User warrants to the Company that it does not commit any act falls into any of the followings by itself or by using a third party:
    • Operating an entity having such a relationship with ASF that shows their control over the entity’s management.
    • Operating an entity having such a relationship with ASF that shows their substantial involvement in the entity’s management.
    • Operating an entity having such a relationship with ASF that shows reliance on ASF to unfairly benefit oneself, one’s own company or third parties or of damaging third parties.
    • Operating an entity having such a relationship with ASF that shows provision of funds or facilities to ASF.
    • Operating an entity in which board members or persons substantially involved in its management have a socially condemnable relationship with ASF.
  4. Each Party warrants to the other that it does not commit any act falls into any of the followings by itself or by using a third party.
    • Claims made with forceful behaviour and acts of violence;
    • Unjust claims exceeding legal responsibilities;
    • Use of threatening actions or statements, or violent acts and behaviours in connection with any transaction between the parties;
    • Acts and behaviour which may damage the credit or obstruct the business of the other party by spreading false rumours or the use of fraudulent means or by force;
    • Other acts and behaviour equivalent to the above howsoever described.
  5. In the case that The Company has reasons to believe the User is deemed to be a member of ASF, or those who relates, cooperates or involved in with ASF and its maintenance operation or management through funding or such, the Company may suspend the use of the Service for the relevant User, cancel or suspend the User's Credentials, or take other measures that the Company deems appropriate without requiring any prior notification to the User. The Company accepts no responsibility whatsoever for any damage suffered by the User as a result of the Company having taken the measures above.

22. CHANGES TO THESE TERMS

The Company reserves the right to modify these Terms at its discretion. Any changes to these Terms shall become effective upon being posted on this website. By continuing to use the Services after any such changes, the User is deemed to have accepted those changes.

23. GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of Japan. The Company and yourself irrevocably consent that the courts of Japan shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.

24. MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms. In the event of any discrepancies between the different translations of these Terms, the English version shall take precedence.

25. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

LaLoka Labs LLC
Matsuura Bldg 5F
1-9-4 Taito, Taito-ku,
Tokyo 110-0016, Japan
Email: [email protected]

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