Terms of Service

These Terms of Use (hereinafter referred to as "Terms of Use") are the terms of use of this service (defined in Article 1) provided by MIX SENSE inc. (Hereinafter referred to as "Company"). It is to be decided.

Regarding the use of this service these terms and conditions (defined in Article 1) shall apply. In addition, upon the start of use of this service, all users (defined in Article 1) are deemed to have agreed to all of these Terms and Conditions.

Basics

Article 1 (Definition)

The terms used in this Agreement shall have the following meanings.

"Address" means the address for managing or storing NFT, MATIC and other cryptographic assets.
The "standard MATIC rate" is the reference price for the latest MATIC and Japanese yen currency pairs announced by the Japan Cryptocurrency Trading Association as of 12:00 pm the day before MATIC individual contract is concluded. The market segment shall use MATIC reference price of the exchange. If it becomes necessary to change MATIC standard rate, such as when the publication of the reference price is suspended, the Company shall specify another exchange rate as the standard MATIC rate.
"Individual contract" means a sales contract concluded between the Company and the user as stipulated in Article 2, Paragraph 1.
"Intellectual property rights" are copyrights, patent rights, utility model rights, trademark rights, design rights, portrait rights and other intellectual property rights (acquisition of these rights or registration of these rights). Etc.).
"Our address" means the address that we use to receive MATIC, which is the consideration for NFT.
"Our website" means a website operated by our company whose domain is "https://www.maxsix.tokyo/" or “https://mikiosuzuki-nft.com” (including subdomains, and the domain of our website or for any reason. If the content is changed, it includes the website after the change.)
"Terms, etc." means these terms, individual contracts, privacy policies established by the Company, and other terms that the Company publishes on the Company's website or notifies users of as applicable in relation to the Service. , purchase guide, usage rules, FAQ, etc.
"Service" means the service in which the Company issues NFT and sells it to users (hereinafter referred to as "Purchase Service") and the service related to the use of NFT by Users (hereinafter referred to as "Purchase Service"). (hereinafter referred to as “NFT Service”).
"User" means a user of the Service.
"MATIC" refers to cryptocurrency MATIC or its unit.
"NFT" means a non-fungible token (Non -Fungible Token (hereinafter referred to as “NFT”).

Regulations regarding purchase service

Article 2 (Conclusion of individual contract)

If the user wishes to purchase NFT, he / she will notify us of the application for purchase of NFT by the MATIC specified by us. The user sends the number of MATIC specified by us as consideration for NFT to our address, and we confirm the receipt of MATIC. As a result, an individual contract regarding the purchase of NFT will be established between the user and the Company. In addition, the user shall bear the cost incurred for sending or transferring the MATIC.
If an individual contract is concluded, the NFT will be automatically send to the user's address.
It may take a certain period of time if we send NFT to the user based on the previous section. The user assumes that he / she has agreed in advance on this point.

Article 3 (taxes and public dues)

The user himself / herself shall bear the taxes and public charges imposed on the sale, possession or use of NFT. In addition, the user shall pay the type and amount of taxes and public charges imposed on him / her at his / her own risk and judgment.

Article 4 (Cancellation of individual contract)

The User may not cancel the individual contract under any circumstances and may not request the refund of the MATIC or money paid by the User to us in consideration of NFT.

Article 5 (Amortization of NFT)

After the issuance of NFT, the NFT will not be amortized.

Article 6 (Transfer of NFT)

The user can transfer the NFT.
The user who transferred the NFT shall lose right to represent the NFT when the NFT is transferred to the transferee.
Buying and selling of NFT may be taxable due to current legislation or future amendments to the law. The transferor and transferee shall fully understand this and shall buy and sell NFT at their own risk and expense the Company does not provide any advice regarding taxation-related matters, including whether or not it is subject to taxation. If you have any doubts about taxation, the transferor and the transferee should make their own decisions at their own risk and expense, or ask an expert to make a decision.

Regulations regarding the use of NFT services

Article 7 (Risk Acceptance)

The user confirms with the Company the risks related to NFT specified in each of the following items and acknowledges the risks.

Liquidity risk
The Company does not assume that NFT is a P2P transaction or exchange for MATIC or other crypto assets, and does not guarantee its possibility.
Risk due to hard fork
NFT is issued using the MATIC blockchain, and there is a risk that the hard fork of such blockchain will make it difficult to transfer NFT or change usage method.
Cyber attack risk
There is a risk that address information etc. will be leaked due to a cyber attack and the NFT owned by the user will be sent to a third party without permission. The NFT owned by the user must be managed by the user at his / her own risk.
Network risks
Since NFT transactions are conducted using the blockchain mechanism, it may take a certain period of time to grant or transfer NFT (hereinafter referred to as "granting, etc."), and NFT granting is an address. There is a possibility that it will not be reflected in, the grant of NFT, etc. may be canceled, and NFT is recorded electronically and its transfer is performed on the network, so there is a risk of disappearance.
Address risks
If the user loses the private key required to access the address for managing or storing the NFT held by the user, the NFT will not be available.
Risk of changes in laws and tax systems
Laws and tax systems related to NFTs, including NFT, are in flux, and in the future, due to changes in laws, tax systems, policies, etc., NFT grants will be prohibited, restricted, or taxation will be strengthened, and NFT holdings and transactions will be restricted. , Or it may be treated more disadvantageously than it is now, which may result in unexpected loss to the user.
Other risks
When purchasing NFT, a third party may impersonate us and display a fraudulent address to steal the MATIC sent by the user. When making payments via MATIC, it is the user's responsibility to verify the authenticity of the payee.

Regulations commonly applied to this service

Article 8 (Interruption and Suspension of Service)

The Company shall be able to suspend the provision of this service in whole or in part without notifying the user in advance if any of the following items apply.
1. When the inspection and maintenance work of the system related to this service is performed regularly or urgently.
2. When the computer, communication line, etc. stop due to an accident, breakdown, etc.
3. When a court order or a compulsory disposition based on laws and regulations is taken.
4. When the Company reasonably determines that it is necessary to conduct an investigation based on laws and regulations, the Company's rules, etc.
5. When it is unavoidable for operational or technical reasons.
6. When it is necessary to confirm the safety of this service due to unauthorized access to this service by a third party, etc.
7. When problems related to NFT handling such as soaring blockchain network fees (gas charges, etc.), generation of hard forks, etc. occur.
8. When this service cannot be provided due to force majeure such as other natural disasters.
The Company shall be able to abolish the provision of this service by notifying the user in advance if there are unavoidable circumstances, and the user shall consent to this in advance.
The Company shall not be liable for any damages caused to the user by the measures specified in the preceding paragraphs, except when the Company has intentional or gross negligence.

Article 9 (Other companies' services)

To use this service, it is necessary to use services provided by businesses other than our company, such as wallets that provide NFT storage functions. We may introduce these services as reference information for users, but we do not take any responsibility for services provided by businesses other than our company. However, this shall not apply if the Company has intentional or gross negligence.

Article 10 (Prohibitions)

The Company prohibits the actions described in the following items by users when using this service.

Acts that violate laws and regulations or public order and morals and cause or may cause disadvantages to third parties.
Acts that infringe or may infringe intellectual property rights such as copyrights and trademark rights of the Company or a third party.
Actions that violate or may violate this agreement.
Acts that discriminate against or injure other companies, or damage their honor, credibility, or social reputation.
Actions that lead to or may lead to crimes such as fraud.
Sending images, documents, etc. that are obscene, child pornography or child abuse.
The act of establishing or soliciting an infinite chain lecture.
Impersonating another user.
Actions that interfere with or may interfere with the use of computers, telecommunications equipment and other equipment and software installed by the Company or a third party.
Acts of using or suspected services other than the interface provided by the Company.
Sending or posting harmful computer programs such as viruses.
Acts of reporting false or intentionally incorrect information to the Company.
Promotion, advertising, solicitation, sales and other profit-making acts without our permission.
Actions involving or suspected of being involved in money laundering and terrorist financing.
Acts of using the data related to NFT for purposes other than self-use other than on the blockchain (acts of copying the data other than on the blockchain, providing it to a third party, etc., and using the product based on the data) Including the act of making.).
Acts of falsifying available information regarding NFT or acts of modifying NFT.
Acts of interacting with the software of this service and using programs that we do not permit to use.
Acts of instructing, inciting or inciting the acts of each of the preceding items to a third party.
Actions that interfere with or hinder the operation of this service.
Other acts that the Company reasonably determines to be inappropriate.

Article 11 (Changes to the Service)

At our discretion, we may change all or part of this service at any time for the purpose of adding functions, maintaining quality and improving quality of this service without prior notice to the user.
We do not guarantee that the same functions and service contents as before the change will be maintained by changing this service.

Handling of data and information

Article 12 (Confidentiality)

All information regarding our technology, sales, business, and other matters that the user has provided or disclosed or learned from us in writing, orally, or on a recording medium, etc. in connection with this Agreement or this service (hereinafter referred to as " "Confidential information") will be kept confidential and used only for the purpose of using this service, and our confidential information will not be provided, disclosed or leaked to a third party without our written consent.
Suppose. However, this does not apply to the reasons specified in the following items.
1. Information that was already publicly known at the time when it was provided or disclosed by the Company or when it was known.
2. Information that the Company has legally possessed at the time of provision or disclosure from the Company or at the time of knowledge.
3. Information that has been made public by publications or other sources after being provided or disclosed by the Company or after being informed, regardless of the reason attributable to the Company.
4. Information disclosed without obligation of confidentiality by a third party who has legitimate authority to provide or disclose.
5. Information originally developed without using the information disclosed by our company.
6. Information confirmed in writing by the Company that confidentiality is not required.
Notwithstanding the provisions of the preceding paragraph, the user needs confidential information based on the provisions of Japanese or foreign laws and regulations, or at the request of authorized government agencies, self-regulatory bodies, stock exchanges, courts and other public institutions. It can be disclosed to the minimum extent.
At the end of these Terms, or whenever requested by the Company, the User shall, without delay, in accordance with the instructions of the Company, provide confidential information and documents or other recording media containing or containing the Confidential Information and all copies thereof. I will return or dispose of it.

Article 13 (Personal Information Protection, etc.)

The Company shall handle the personal information of the user acquired in this service appropriately based on the privacy policy separately set by the Company, and the user agrees to this.
The Company shall be able to collect, investigate and analyze data on the operation behavior of each user during this service in order to improve the quality of this service, and the user agrees to this.

Article 14 (Ownership of Intellectual Property Rights, etc.)

Any creations related to our website and this service (including but not limited to images and videos, music, trademarks, logos, etc. The same shall apply hereinafter in this article; hereinafter referred to as "our achievements"). The intellectual property rights and other property rights of the Company belong to the Company or a third party who has legitimate authority over the Company.
Granting NFT based on an individual contract goes beyond the scope necessary for using this service, and assigns or uses the intellectual property rights of our company or a third party who has legitimate authority over this on our website or this service. Does not mean permission.
You may not perform any action that may infringe on your intellectual property rights (including, but not limited to, modification, publication, distribution, decompilation, reverse engineering) for any reason.
We are free to use our achievements without any restrictions.
We have no obligation to disclose our achievements to users.

Limitation of liability and compensation for damages, etc.

Article 15 (Compensation for damages)

If the user violates this agreement and causes damage to the Company or a third party, the user is obliged to compensate for the damage.
We are not responsible for any matters related to transactions between users. In principle, we will not intervene in disputes between users, and we are not obligated to intervene, and users may not ask us to resolve disputes. However, if we we determine that it is necessary for the smooth operation of this service, we may intervene in the dispute between users.

Article 16 (Disclaimer and Limitation of Liability)

The Company shall not be liable for any damages specified in the following items, regardless of the cause of default, tort or other legal claims. However, this does not apply in the case specified in Section 3.
1. Damage caused by force majeure such as natural disasters, mayhem, and riots.
2. Damage caused by a failure of the user's connection environment such as a failure of the user's equipment or a malfunction of the Internet connection service to the equipment for this service.
3. Damage caused by the performance value of the Internet connection service such as the response time from the equipment for this service.
4. Computer virus countermeasure software introduced by the Company from a third party Caused by the intrusion of a computer virus of a type for which the virus pattern, virus definition file, etc. have not been provided by the third party into the equipment for this service.
5. Damage caused by unauthorized access, attack, interception on the communication path, etc. by a third party to the equipment for this service that cannot be protected even with the care of a good administrator.
6. Damage caused by the user's non-compliance with the procedures, security measures, etc. established by the Company.
7. Damage caused by software (including OS, middleware and DBMS) manufactured by a third party and database among the equipment for this service.
8. Damage caused by hardware manufactured by a third party among the equipment for this service.
9. Damage caused by malfunction of telecommunications services provided by telecommunications carriers.
10. Damage caused by or related to Article 218 of the Code of Criminal Procedure, Act on Interception of Communications for Criminal Investigation and other laws and regulations, or compulsory disposition based on a court order.
11. Due to new establishment, revision or abolition, change of interpretation, etc. of self-regulatory rules and other rules that the Company should comply with, such as laws and regulations related to this service, orders of regulatory agencies, etc. (including cases where the effect goes back to the past).
12. Damage caused by a third party's website or this product or service, regardless of whether or not there is a link to our website.
13. Loss due to soaring blockchain network fees (gas charges, etc.), generation of hard forks, etc.
14. Damages caused by reasons that cannot be attributed to the Company in addition to the damages specified in the preceding items.
The Company shall not be liable for any dispute between users or between a user and a third party caused by the use of this service. However, at our discretion, we may also participate in the consultation.
Notwithstanding the other provisions of this Agreement, we will indemnify you for any damages caused to you by our intentional or gross negligence. Regardless of default, contract nonconformity liability, unreasonable gain, tort or other legal claims, the scope of damages to our users is (1) actually caused by our actions.
Limited to ordinary damages, lost profits, loss of business opportunities, indirect damages, consequential damages, incidental damages and special damages (whether or not the Company is foreseen and foreseeable), And (2) the upper limit of the damages shall be the amount equivalent to the amount of MATIC actually received from the user converted into Japanese yen at the standard MATIC rate or the amount transferred from the user. increase.

Survival / termination of NFT service

Article 17 (Use Restrictions, etc.)

If we determine that the user falls under or may fall under any of the following reasons, we do not require prior notice, notification, etc., and we do not do anything to the user. It is possible to restrict or discontinue all or part of this service for the user without liability.
1. In case of violation of these Terms, etc.
2. If it is determined that the act is suspected of being involved in money laundering or terrorist financing.
3. If it turns out that you are impersonating another user, or if there is a suspicion.
4. If you do not agree to the changes to these Terms.
5. In the event that the User engages in an act that interferes with or interferes with the operation of the Service.
6. When the Company determines that the User has committed an act stipulated in Article 14.
7. In the past, if you are a person who has been restricted from using this service by our company.
8. In addition to the reasons set forth in the preceding items, when the Company reasonably deems it inappropriate to allow the User to use the Service.
If any of the reasons in the preceding paragraph applies, the user will naturally lose the profit of the deadline for all the debts owed to the Company and must immediately pay all the debts to the Company. not.
The Company shall not be liable for any damages caused to the user by the measures stipulated in Paragraph 1.

General clause

Article 18 (Changes to these Terms)

This agreement may be changed in the following cases at our reasonable judgment.
1. When the content of the change is in the interests of the general user.
2. When the content of the change does not violate the purpose of this agreement and is reasonable in light of the necessity of the change the appropriateness of the content after the change the content thereof and other circumstances related to the change.
When we change this agreement based on the preceding paragraph, we will set the effective time, and by the effective time, we will change this agreement in advance the content after the change and the effective time of the change. Shall notify the user.

Article 19 (Notice)

Unless otherwise specified in these Terms, we will notify you by sending an e-mail,posting it on our website, or any other method we deem appropriate.
If we notify the user by sending an e-mail or posting it on our website based on the provisions of the preceding paragraph, the notification will be sent when the e-mail is sent or posted on our website, respectively. Suppose you have reached the user.

Article 20 (Governing Law and Jurisdiction)

The governing law for this agreement shall be Japanese law.
The Tokyo District Court shall be the exclusive agreement jurisdictional court of the first instance for any dispute that arises between the Company and the user in connection with this service.

Established on October 25, 2022