Terms of use

These Terms of Service (hereinafter referred to as the “Terms”) governing the dress-up NFT sales service “Saify Store” (including the site providing the service, hereinafter referred to as the “Service”) operated by Decoo, Inc. (hereinafter referred to as the “Company”) must be read before using the Service.

Article 1 (Use of the Service)

1. Users must comply with these Terms when using the Service. All visitors and users of the Service (regardless of individual/corporate status or membership registration, hereinafter referred to as “Users”) shall be subject to these Terms. In addition, only Users who have agreed to these Terms may use the Service.
2. Rights to trademarks, names, logos, etc. of the Service belong to the Company.
3. If a User is a minor, an adult ward, a person under curatorship, or a person under assistance, they must not use the Service without the consent of their legal representative, such as a guardian, curator, or assistant, upon registration and each time they use the Service. Use of the Service by a minor, adult ward, person under curatorship, or person under assistance shall be deemed to have obtained the consent of their legal representative.
4. Persons who wish to become Users of the Service shall agree to the contents of these Terms and register for membership in accordance with the procedures prescribed by the Company. Users shall register information designated by the Company (hereinafter referred to as “Customer Information”) at the time of such registration.

Article 2 (Service Overview)

1. The Service is a sales service for dress-up NFTs for app customization (hereinafter referred to as “Content”) provided by the Company to Users via the Internet.
2. The Company shall determine the details of the Service, including the method of selling Content (including sales destinations, prices, and terms of license), at its own discretion.
3. Users may not use the Content as a means of payment.
4. Users shall, at their own expense and responsibility, prepare all environments such as equipment, communication means, and transportation means necessary to receive the provision of the Service, and shall bear responsibility for managing them. In addition, Users shall bear all necessary communication costs incurred using information communication equipment including mobile phones in using the Service.
5. In addition to credit card payment, app store payment, and other payment methods designated by the Company, Users may pay the purchase price of Content by sending the quantity of crypto assets or electronic payment instruments designated by the Company corresponding to the selling price of the Content (hereinafter collectively referred to as “Crypto Assets, etc.”) from the User’s wallet address to the wallet address designated by the Company (hereinafter referred to as “Crypto Asset, etc. Payment”). Details of each payment method shall be as separately determined by the Company.
6. When a User uses Crypto Asset, etc. Payment, the Crypto Asset, etc. Payment shall be completed when the Company confirms that the balance of Crypto Assets, etc. in the wallet address managed by the Company has increased due to the transmission of Crypto Assets, etc. by the User. In addition, if a fork occurs in the blockchain used for Crypto Asset, etc. Payment, the Company shall, at its discretion, prioritize transactions on the blockchain adopted by the Company, and the Crypto Asset, etc. Payment shall be completed when the Company confirms that the balance of Crypto Assets, etc. in the wallet address managed by the Company has increased in transactions on said blockchain. If the Crypto Asset, etc. Payment is not completed on said blockchain, the User’s obligation to pay the purchase price of the Content shall not be extinguished, and the User shall continue to bear said payment obligation, and the Company shall not bear any responsibility for damages incurred by the User due to such handling.
7. Blockchain network usage fees (gas fees, etc.) and other expenses related to Crypto Asset, etc. Payment (hereinafter referred to as “Gas Fees, etc.”) shall be borne by the User unless otherwise stated on the payment screen or other displays on the Service that the Company will bear them.
8. The Company shall not bear any responsibility for the soaring Gas Fees, etc. prescribed in the preceding paragraph, as well as delays and failures of transactions related to Crypto Asset, etc. Payment (including, but not limited to, freezing or cancellation of transactions based on the judgment of the issuer of Crypto Assets, etc.), including the return or re-sending of the User’s Crypto Assets, etc.
9. Users may not reproduce, reprint, publicly transmit, modify, or otherwise utilize any and all information and Content provided by the Company in the Service (hereinafter collectively referred to as “Company Content”), regardless of the method or form, beyond the scope of private use prescribed by the Copyright Act.
10. Copyrights, patent rights, utility model rights, trademark rights, design rights, and all other intellectual property rights regarding Company Content and the right to receive registration of these rights (hereinafter collectively referred to as “Intellectual Property Rights”) shall belong to the Company or the licensors from whom the Company has received a license, and no rights, title, or interest therein are transferred to Users. In addition, regardless of the existence of Intellectual Property Rights, Users shall not engage in secondary use, etc. such as reproduction, distribution, reprinting, forwarding, public transmission, modification, or adaptation of Company Content.
11. If a problem arises due to a User’s violation of the provisions of paragraph 9 and the preceding paragraph, the User shall resolve the problem at their own expense and responsibility, and take appropriate measures so as not to cause any disadvantage, burden, or damage to the Company. If the Company incurs damages (including attorney’s fees) in connection with the problem, the User shall be liable to compensate for all such damages.

Article 3 (Registration and Verification of User Information)

1. In order to use the Service, Users must agree to these Terms and connect a crypto asset wallet managed by the User (hereinafter referred to as “Wallet”) to the Service.
2. The Company may refuse a User’s use of the Service if the Company determines that the User falls under any of the following items, in addition to cases where the User violates Article 6. The Company shall not bear any responsibility for such measures. In addition, the Company shall bear no obligation to explain the reasons therefor. Users may not object to this decision. (1) When the Company recognizes a violation of these Terms or the possibility thereof. (2) When there is falsehood, inaccuracy, typographical error, or omission in whole or in part of the information provided by the User to the Company, such as User Content, etc. (3) Where the person has previously been refused access to, or use of, the Service or other services provided by the Company. (4) When the person is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of their legal representative. (5) In addition, when the Company deems the use of the Service inappropriate.
3. Users shall manage their Wallets at their own responsibility, and even if damages are incurred by the User due to the Wallet, the Company shall not be liable for any damages regardless of the presence or absence of attributable reasons of the User.
4. If there is any change in Customer Information or other information provided by the User to the Company in connection with the use of the Service, the User must promptly report the change to the Company.
5. The Company shall not bear any responsibility for any disadvantage caused to the User due to failure to make the report prescribed in the preceding paragraph.
6. Content downloads shall be limited to downloads by the User themselves.
7. Even if a disadvantage is caused to the User by the Company’s measures prescribed in paragraph 2 of this Article, the Company shall not bear any responsibility.

Article 3-2 (Grant and Use of Points)

1. The Company may grant SaifyXP (hereinafter referred to as “Points”), which are the Company’s original points, to Users free of charge in accordance with the usage status of the Service, participation in campaigns, and other conditions separately determined by the Company.
2. Details regarding Points, such as granting conditions, the number of points to be granted, and the timing of granting, shall be separately determined by the Company and notified on the Service or the Company’s website.
3. Users may use the Points they hold for exchange with benefits within the Service, etc. in accordance with the methods and conditions separately determined by the Company.
4. Conditions for using Points, the contents of benefits that can be exchanged, the number of points required for exchange, etc. shall be separately determined by the Company and notified on the Service or the Company’s website.
5. Points cannot be exchanged for cash, crypto assets, or any other economic benefits. In addition, Points cannot be used as a means of payment, and cannot be used for purposes other than exchange with benefits, etc. prescribed in these Terms.
6. The expiration date of Points shall be separately determined by the Company, and Points that have passed the expiration date shall automatically expire. If the Company does not separately determine the expiration date of Points, the expiration date of Points shall be one year from the later of the date the User last acquired Points or the date the User last used Points.
7. Users may not transfer, assign, lend, change the name of, provide as collateral, or otherwise dispose of the Points they hold to a third party. In addition, Points cannot be shared between Users.
8. If the Company determines that a User falls under any of the following items, the Company may cancel part or all of the Points held by said User without prior notice.
   1. (1) When the User violates any clause of these Terms.
   2. (2) When the User acquires or uses Points through unfair means.
   3. (3) When the User loses eligibility to use the Service (including withdrawal, etc.).
   4. (4) When the User terminates the use of the Service for any reason or when the Service Agreement (defined in Article 13) terminates.
   5. (5) In addition, when the Company determines that it is appropriate to cancel the Points.
9. The Company will not provide any compensation for cancelled Points and shall bear no responsibility.
10. The Company may change the granting conditions, usage conditions, expiration date, and other details of the Point system, or suspend or terminate the provision of the Point system, with prior notice to Users. However, in case of operational inevitability or emergency, changes, suspensions, or terminations may be made without prior notice.
11. Even if damages are incurred by the User due to the change, suspension, or termination in the preceding paragraph, the Company shall bear no responsibility therefor.

Article 4 (Handling of User Information)

The Company shall appropriately handle the personal information of Users based on the Company’s Privacy Policy, and Users shall agree that their personal information will be handled based on the Company’s Privacy Policy.

Article 5 (Measures in Event of Violation of Terms, etc.)

1. If the Company determines that there has been inappropriate use of the Service by a User, unpaid purchase prices, acts that infringe upon the rights of third parties, membership registration based on false Customer Information, or a violation of any clause of these Terms, the Company may demand contractual penalties separately determined by the Company, prohibit the use of Content, suspend part or all of the Service, claim damages (including attorney’s fees), compel the termination of the User’s account by canceling the Service Agreement (defined in Article 13), or take other responses that the Company reasonably deems necessary. Users shall immediately respond to requests from the Company based on this Article.
2. Regarding any troubles or disputes between a User and a third party arising from or related to a violation of these Terms, unauthorized use of the Service, or other uses of the Service, the User shall resolve the troubles or disputes at their own expense and responsibility, and take appropriate measures so as not to cause any disadvantage, burden, or damage to the Company, except in cases where there is intentional misconduct or negligence on the part of the Company. If damages (including attorney’s fees) are incurred by the Company in connection with such troubles or disputes, the User shall be liable to compensate for all such damages.
3. If a User violates these Terms and the Company deems it necessary, the Company may disclose information regarding said User to a third party related to said violation, and the User shall consent to this in advance.
4. If a violation of these Terms is reported to the Company, the Company will endeavor to take appropriate measures and corrections regarding the Content or its purpose of use, etc. The details of the response shall be determined at the discretion of the Company.
5. The provisions of this Article shall not preclude the Company from imposing multiple measures or dispositions determined in these Terms or other terms of use on a User if the Company determines that the User has violated part of these Terms (including, but not limited to, this Article), such as claiming penalties.

Article 6 (Prohibited Matters)

The Company prohibits the following acts by Users when using the Service.

1. (1) Declaring or providing false information when registering Customer Information or using the Service.
2. (2) Modifying information or programs provided by the Service without permission.
3. (3) Transmitting or posting harmful computer programs such as malware.
4. (4) Infringing the copyrights or other rights of the Company or third parties.
5. (5) Slandering the Company or third parties and damaging their reputation or credibility.
6. (6) Engaging in acts that infringe or may infringe the privacy of third parties.
7. (7) Engaging in acts that interfere with the business of the Company or third parties.
8. (8) Publishing, posting, or transmitting obscene or violent information such as images and audio to the Service.
9. (9) Engaging in acts contrary to public order and morals, or acts that violate laws and regulations or ordinances.
10. (10) Engaging in sales activities targeted at a wide range of recipients.
11. (11) Using Points and Content as a means of payment.
12. (12) Engaging in acts that may interfere with the operation of the Service by any means.
13. (13) Engaging in acts that may violate any of the preceding items.
14. (14) In addition, engaging in acts that the Company deems inappropriate.

Article 7 (Suspension of Use of the Service)

1. The Company may immediately suspend a User’s use of the Service without prior notice or obtaining the User’s consent, not only when the User violates these Terms, when the User’s use of the Service may affect the operation of the Service, or when there is a legal request from judicial organs or police, but also in situations where urgency is recognized.
2. Even if some damage is caused to the User by the measures in the preceding paragraph, the Company shall bear no responsibility therefor, except in cases where there is intentional misconduct or negligence on the part of the Company.

Article 8 (Notice)

Notices from the Company to Users shall be given by posting them on the Service website.

Article 9 (Amendment to these Terms)

1. The Company may amend these Terms at any time based on the provisions of Article 548-4 of the Civil Code of Japan if any of the following items apply. The amended Terms shall apply to the Service Agreement (defined in Article 13) after these Terms are amended.
   1. (1) When the amendment to these Terms conforms to the general interest of Users.
   2. (2) When the amendment to these Terms does not contradict the purpose of the contract, and is reasonable in light of the necessity of the amendment, the appropriateness of the content after the amendment, and other circumstances pertaining to the amendment.
2. When amending these Terms, the Company shall determine the effective date of the amended Terms, and by the effective date, shall notify Users of the contents and effective date of the amended Terms, display them on the Service, or publicize them to Users by other methods prescribed by the Company.
3. Notwithstanding the provisions of the preceding two paragraphs, if a User uses the Service after the amendment of these Terms prescribed in the preceding paragraph is publicized, or if a User does not take procedures for cancellation within the period prescribed by the Company, said User shall be deemed to have agreed to the amendment of these Terms.

Article 10 (Suspension and Discontinuation of the Service)

1. The Company may temporarily suspend or stop part or all of the Service without prior notice to Users if any of the following events occur.
   1. (1) When periodic or emergency maintenance, renewal, or failure countermeasures for facilities and systems are necessary.
   2. (2) When it becomes difficult to provide the Service due to force majeure such as fire, power outage, or natural disasters.
   3. (3) When a communication line problem occurs.
   4. (4) When the Company determines that temporary suspension or stopping of the Service is necessary for operational or technical reasons, or when it is determined that provision of the Service is difficult due to unexpected circumstances.
   5. (5) In addition, when the Company reasonably determines that suspension or stopping of part or all of the Service is necessary.
2. The Company may discontinue the provision of all or part of the Service by providing a notice period of one month or more.
3. The Company shall bear no responsibility for any disadvantages or losses incurred by Users due to the suspension, stopping, or discontinuation of the Service based on this Article.

Article 11 (Disclaimer)

1. The Service and Content, as well as all data or information such as tags and titles provided on the Service, are all provided on an “as-is” basis. The Company makes no warranties whatsoever that these data or information are fit for a particular purpose, possess marketability, meet specific requirements of Users, or completely comply with contracts. Users shall verify these at their own responsibility and use the Service and data or information on the Service at their own responsibility.
2. The Company shall bear no responsibility for damages incurred by Users due to malfunctions of computer systems, erroneous displays caused thereby, computer environments, or other force majeure.
3. Users shall, at their own responsibility and expense, create backups and otherwise manage and save all content and information data provided by Users to the Company, including User Content, etc., photos, videos, music, and text. The Company shall bear no responsibility for the management and saving of such content, information, and data.
4. The Company does not warrant that the Service, servers, Content, or emails sent from the Company are free of viruses or other harmful computer programs.
5. The Service may be provided in cooperation with external services. Users shall use external services at their own responsibility, and acknowledge that the Company bears no responsibility for damages generated regarding such use. Users shall comply with the terms of use, etc., of external services when using them.
6. Even if any clause of these Terms or part thereof is determined to be invalid or unenforceable, the remaining parts of these Terms shall remain in full force and effect.

Article 12 (Damages)

1. In connection with the use of the Service, if a User causes damage to the Company or other Users due to a violation of these Terms or unauthorized or illegal acts, the User must compensate for the damage (including attorney’s fees).
2. Notwithstanding other provisions of these Terms, excluding the following paragraph, if the Company causes damage to a User due to reasons attributable to the Company, the Company shall be liable to compensate for the damage only within the scope prescribed in the following items. (1) In case of intentional misconduct or gross negligence of the Company: The full amount of said damage. (2) In case of light negligence of the Company: Within the scope of ordinary damages actually and directly incurred (excluding special damages, lost profits, indirect damages, and attorney’s fees), and up to a maximum of JPY 10,000.
3. Notwithstanding the preceding paragraph, if the User is a corporation or if an individual uses the Service as a business or for a business, the Company shall bear no responsibility for damages suffered by said User in connection with the Service, unless there is intentional misconduct or gross negligence on the part of the Company. In addition, if the Company compensates for damages, the upper limit shall be JPY 10,000.

Article 13 (Termination, etc.)

1. The Company may, without requiring any notice, etc., terminate the Service Agreement (referring to the usage agreement of the Service concluded between the Company and the User with these Terms as agreement conditions; the same shall apply hereinafter) and compel the termination of the User’s account if the User falls under any of the following items.
   1. (1) When false information is included in Customer Information.
   2. (2) When the User has received a withdrawal disposition from the Company in the past.
   3. (3) When there is a notification from the User’s heir, etc., to the effect that the User has died, or when the Company confirms the fact of the User’s death.
   4. (4) When a minor uses the Service without the consent of their legal representative.
   5. (5) When an adult ward, a person under curatorship, or a person under assistance uses the Service without the consent of their adult guardian, curator, or assistant, etc.
   6. (6) When the User does not respond sincerely to requests from the Company.
   7. (7) In addition, when the Company deems it inappropriate.
2. In addition to the cases listed in the items of the preceding paragraph, the Company may terminate the Service Agreement and cause the User to withdraw by notifying the User at least 30 days in advance. In addition, if a User wishes to withdraw, the User may terminate the Service Agreement and withdraw as of the last day of the current month through withdrawal procedures prescribed by the Company.
3. Upon the termination of the Service Agreement under paragraph 1 and paragraph 2, all payment obligations, liabilities, and debts owed by the User to the Company shall immediately accelerate and become due and payable in full without further notice or demand.
4. The effective period of the Service Agreement shall be from the time the Service Agreement is established until the User withdraws. The provisions of Article 1, paragraph 2; Article 2, paragraph 4 and paragraphs 8 through 11; Article 3, paragraph 2, paragraph 3, and paragraphs 5 through 7; Article 3-2, paragraph 9 and paragraph 11; Article 4; Article 5; Article 7, paragraph 2; Article 10, paragraph 3; Article 11; Article 12; Article 13, paragraph 3 and this paragraph; Article 14; Article 15, paragraph 4; and Article 16 shall remain effectively in force even after the termination of the Service Agreement.

Article 14 (Assignment)

Users and the Company may not assign, transfer, lend, change the name of, provide as collateral, or otherwise dispose of all or part of their status under the Service Agreement or rights or obligations based on these Terms or the Service Agreement to a third party without the prior written consent of the counterparty. However, this shall not apply to cases where the Company makes these dispositions in the event of stock transfer, business transfer, merger, company split, or other organizational restructuring, and the Company may make these dispositions without the prior consent of Users.

Article 15 (Elimination of Anti-Social Forces)

1. Users represent that they do not currently fall under, and will not in the future fall under, any of the following categories: organized crime groups, members of organized crime groups, persons for whom 5 years have not elapsed since they ceased to be members of organized crime groups, quasi-members of organized crime groups, companies related to organized crime groups, corporate racketeers (Sokaiya), etc., groups engaging in social movements, or special intelligence organized crime groups, etc., or others equivalent thereto (hereinafter referred to as “Organized Crime Group Members, etc.”), and guarantee that they do not fall under any of the following items and will not fall under them in the future.
   1. (1) Having a relationship where Organized Crime Group Members, etc., are recognized to control management.
   2. (2) Having a relationship where Organized Crime Group Members, etc. are recognized to be substantially involved in management.
   3. (3) Having a relationship where Organized Crime Group Members, etc., are recognized to be utilized unjustifiably, such as for the purpose of aiming for unfair benefits for oneself, one’s own company, or a third party, or for the purpose of inflicting damage on a third party.
   4. (4) Having a relationship where one is recognized to be involved such as providing funds, etc., or providing convenience to Organized Crime Group Members, etc.
   5. (5) Officers or persons substantially involved in management having a socially condemnable relationship with Organized Crime Group Members, etc.
2. Users commit that they will not engage in acts falling under any of the following items by themselves or utilizing a third party.
   1. (1) Violent demanding acts.
   2. (2) Unjust demanding acts exceeding legal responsibility.
   3. (3) Acts of using threatening behavior or violence regarding transactions.
   4. (4) Acts of defaming the credibility of the counterparty or interfering with the business of the counterparty by spreading rumors, or using fraudulent means or force.
   5. (5) Other acts equivalent to the preceding items.
3. If it is found that a User is an Organized Crime Group Member, etc., or falls under any of the items of paragraph 1, or engages in any of the acts in the items of the preceding paragraph, or makes a false declaration regarding representations and guarantees based on the provisions of paragraph 1, the Company may terminate the Service Agreement without any notification, regardless of the presence or absence of grounds attributable to the Company itself.
4. The Company confirms that if it terminates the Service Agreement pursuant to the preceding paragraph, it shall bear no responsibility to compensate for damages even if damages are incurred by the User thereby, and the User acknowledges this.

Article 16 (Governing Law, Jurisdiction)

The governing law of these Terms shall be Japanese law. If a dispute arises between the Company and a User regarding these Terms or the use of the Service, the Tokyo District Court shall have exclusive jurisdiction as the court of the first instance over any disputes arising out of or in connection with these Terms. In the event of any discrepancy or conflict between the Japanese version and the English version of these Terms, the Japanese version shall prevail.