Terms of service

These viviON Blue Terms of Use (hereinafter referred to as the "Terms") set forth the terms and conditions for the provision of the service provided by viviON, inc. (hereinafter referred to as the "Company") under the name "viviON Blue", as well as the rights and obligations between the Company and Users who use this service.

Article 1 (Definitions)

The definitions of terms used in these Terms are as follows:

1. "Service" refers to the service provided by the Company under the name "viviON Blue" (including any service after any change in its name or content, regardless of the reason for the change).
2. "User" refers to anyone who accesses this Service or attempts to use this Service in any way.
3. "Registered User" refers to any User who has registered an account for this Service.
4. "Review" refers to user-submitted feedback, comments, or opinions regarding products purchased through this Service.
5. "Supplementary Terms" refers to any terms, guidelines, or policies separately established by the Company in relation to this Service.

Article 2 (Application)

1. These Terms set forth the rights and obligations between the Company and Users in relation to the provision and use of this Service, and apply to all relationships between Users and the Company concerning the use of this Service.
2. Supplementary Terms form part of these Terms. In the event of any inconsistency between these Terms and the Supplementary Terms, the Supplementary Terms shall take precedence.

Article 3 (Agreement to the Terms)

1. Users must use this Service in accordance with these Terms. Users cannot use this Service unless they agree to these Terms. By starting to use this Service, Users are deemed to have agreed to these Terms.
2. If the User is a minor, the User must obtain consent from a legal guardian. If the User uses this Service on behalf of a business, that business must also agree to these Terms.
   If a minor applies for the use of this Service, the Company will deem that the minor has obtained consent from a legal guardian.

Article 4 (Modification to the Terms)

1. The Company may modify these Terms in whole or in part as necessary. In such cases, the Company will notify Users of the revised Terms and their effective date through appropriate methods such as posting on this Service or other methods prescribed by the Company.
   If changes require user consent under applicable laws, the Company will obtain consent from Registered Users using the prescribed method.
2. Continued use of this Service after changes to these Terms will constitute acceptance of the revised Terms.

Article 5 (Account Registration)

1. Certain parts of this Service ("Registration-Required Services") are only accessible to Registered Users who have completed account registration.
2. Those wishing to register ("Registration Applicants") must provide specified information ("Registration Information") to the Company in the prescribed manner.
3. Registration Applicants must provide true, accurate, and complete Registration Information.
4. The Company will determine whether to accept the registration based on internal criteria. The registration process is complete once the Company notifies the applicant of acceptance.
   The Company may refuse or cancel registrations (including re-registrations) if:
1. False, inaccurate, or incomplete information is provided.
2. The applicant is a minor, adult ward, person under curatorship, or person under assistance, and has not obtained necessary consent.
3. The applicant is already a Registered User.
4. The applicant is part of or connected to antisocial forces (organized crime groups, extremist groups, etc.).
5. The applicant has violated contracts with the Company in the past.
6. The applicant has been subject to measures under Article 18.
7. The Company otherwise deems registration inappropriate.
8. The Company bears no liability for any damages or disadvantages resulting from refused or canceled registration and is not obligated to disclose reasons for refusal or cancellation.

Article 6 (Account Management)

1. Registered Users must promptly notify the Company of any changes to their Registration Information using the prescribed method.
   Registered Users cannot change their registered name except in cases such as surname changes due to marriage, with Company approval.
2. Registered Users are responsible for managing their login credentials (user ID and password). Any actions taken using the registered login credentials will be deemed to be made by the Registered User.
   The Company is not liable for any damages caused by insufficient management, misuse, or unauthorized use of login credentials.
3. If a Registered User suspects their login credentials have been compromised, they must immediately notify the Company and follow Company instructions.
4. Registered User accounts are personal and non-transferable. All rights related to the account cannot be transferred, lent, or inherited.

Article 7 (Account Deletion)

1. Registered Users may delete their account at any time using the prescribed procedure.
2. Upon account deletion, all outstanding debts to the Company become immediately due and payable.
3. All rights, including any points, associated with the account will be lost upon account deletion, and deleted accounts and points cannot be restored, even if deletion was accidental.

Article 8 (Provision of the Service, etc.)

1. The Company may restrict access to all or part of the Service based on factors such as age, identity verification, or account registration status.
2. The Company may change the content of the Service without prior notice.
3. The Company may suspend or discontinue the Service without prior notice in the following cases:
   1. For system maintenance or inspections.
   2. In case of system failure, excessive access, unauthorized access, or hacking.
   3. When operation of the Service becomes impossible due to natural disasters or other force majeure events.
   4. To ensure user or third-party safety or to respond to public emergencies.
   5. Other circumstances where suspension is deemed necessary by the Company.
4. The Company may terminate the Service with prior notice to the User.
5. The Company bears no liability for damages or disadvantages arising from actions taken under Paragraphs 1 to 4 of this Article.

Article 9 (Fees, etc.)

1. Users must pay Fees for products and services as specified by the Company, using one of the payment methods designated by the Company.
2. Except as required by law, Fees already paid are non-refundable.
3. The Company may revise Fees without prior user consent, and Users agree to such revisions.

Article 10 (Points)

1. The Company may issue points that can be used for payment of fees for the Service.
   Points: Points are granted by the Company to Users when the User performs an action specified by the Company. In some cases, points may be granted free of charge or sold for a fee by the Company.
2. Users may not assign, transfer, pledge, or otherwise dispose of points to a third party.
3. Points shall expire in the following cases:
   1. 6 months have elapsed since the User's last activity.
      *"Last activity" refers to an order through which points are awarded and the granting of bonuses (except birthday bonuses). If points are awarded through placing a new order, the expiration date for points held will be extended by 6 months.
   2. When an account is deleted or terminated.
   3. When the Company ends the Service.
4. When one year has passed since the last change (increase or decrease) in point balance, or when an account is deleted or terminated:
5. Even in the event of termination of the Service, the Company will not exchange points for cash or other items, unless otherwise stipulated by law.

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Article 11 (Attribution of Rights)

1. All intellectual property rights related to this Service belong to the Company or its licensors.
2. Unless otherwise stated, intellectual property rights related to this Service belong to the Company.

Article 12 (Suspension and Discontinuance of the Service)

The Company may, without prior notice to Users, suspend or discontinue the provision of some or all products within this Service. In such cases, Users may become unable to purchase or download (including re-download) the affected products, and Users acknowledge and accept this in advance.

1. The Company may suspend or discontinue product provision if:
   It is discovered that the licensor does not have the necessary rights, or there is a possibility of such.
2. The licensing agreement between the Company and the licensor is terminated.
3. The licensor requests the suspension or discontinuation of the product.
4. Other circumstances arise that make it difficult to continue providing the product, as determined by the Company.

Article 13 (Functions, Specifications, etc.)

1. The Company may, at its discretion and without prior notice, modify the features and specifications of this Service.
   The following are key points regarding features and specifications of this Service:
1. Adding a product to the shopping cart does not guarantee its reservation, purchase, or availability.
2. Clicking the purchase button does not immediately finalize the purchase, and product availability is not guaranteed.
2. This Service may include a review function for products. Users must comply with the following when using this function:
1. Users must guarantee to the Company that they hold the necessary legal rights to their posted reviews and that their reviews do not infringe on third-party rights.
2. Users shall not exercise, nor permit third parties to exercise, moral rights of authorship in relation to review content against the Company or any party inheriting rights from the Company.
3. The Company may, without prior notice to Users, suspend publication or delete reviews if they are deemed to violate laws, these Terms, or for operationally reasonable reasons.

Article 14 (Display of Advertisements)

The Company may display advertisements of the Company or third parties within this Service.

Article 15 (Third Party Services)

This Service may include services or content provided by third parties. The responsibility for such services or content rests with the providing third party.
Use of such third-party services or content is subject to the terms and conditions set by the respective third party.

Article 16 (Privacy)

The Company will handle User information in accordance with its separately established Privacy Policy.

Article 17 (Prohibited Matters)

Users must not engage in any of the following acts, or any acts that the Company deems likely to fall under the following, when using this Service:

1. Acts that violate these Terms.
2. Acts that violate laws or are related to criminal activity.
3. Fraudulent acts or acts of intimidation against the Company, other Users, or third parties.
4. Acts contrary to public order and morals.
5. Acts that infringe on the intellectual property rights, portrait rights, privacy, reputation, or other rights or interests of the Company, other Users, or third parties.
6. Acts to disable, bypass, or tamper with security measures or DRM applied to content in this Service.
7. Posting or transmitting content through this Service that falls under or may fall under any of the following:
   1. Excessively violent or cruel expressions.
   2. Computer viruses or harmful programs.
   3. Defamatory content damaging the reputation or credibility of the Company, other Users, or third parties.
   4. Obscene content.
   5. Child pornography or content involving child abuse.
   6. Content that promotes discrimination based on race, nationality, beliefs, gender, social status, lineage, etc.
   7. Content promoting suicide or self-harm.
   8. Content promoting inappropriate use of drugs.
   9. Content that includes antisocial expressions.
   10. Spam-like content urging the dissemination of information such as chain letters.
   11. Content that causes discomfort to others.
8. Unauthorized access to this Service’s systems or placing excessive burdens on the system.
9. Reverse engineering or analyzing software or systems provided by the Company.
10. Using bots, cheat tools, or other technical means to manipulate this Service, exploiting bugs, excessively repeating similar inquiries, or otherwise disrupting the Company’s operations or other Users’ use.
11. Unauthorized access to networks or systems operated by the Company or its affiliates.
12. Impersonating others or deliberately spreading false information.
13. Using another Registered User’s ID or password.
14. Advertising, soliciting, or conducting sales activities on this Service without prior Company approval.
15. Improperly collecting, disclosing, or providing personal information, registration information, or usage history of others.
16. Causing disadvantage, damage, or discomfort to the Company, other Users, or third parties.
17. Posting or sending identical or similar messages repeatedly (except where permitted by the Company), or other conduct deemed spam by the Company.
18. Exchanging rights to use this Service for cash, goods, or other economic benefits through methods not prescribed by the Company.
19. Providing benefits to or cooperating with antisocial forces.
20. Using this Service for purposes different from its intended use, such as seeking encounters or relationships with strangers, sexual acts, or harassment of other Users.
21. Conducting religious activities or soliciting to religious groups.
22. Directly or indirectly inducing or facilitating any of the above acts.
23. Attempting any of the above acts.
24. Other acts deemed inappropriate by the Company.

Article 18 (Cancellation by the Company, etc.)

1. If the Company determines that a User falls under or may fall under any of the following, the Company may, without prior notice, take necessary and appropriate actions such as suspension of some or all use of this Service, suspension of the User’s account, forced withdrawal, or termination of the contract with the User:
   1. Violation of any provision of these Terms.
   2. Delay or refusal in payment of usage fees.
   3. Providing false information in registration.
   4. Insolvency, or initiation of bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or similar proceedings.
   5. Failure to respond to the Company’s inquiries for over one month.
   6. Being a member of or affiliated with antisocial forces.
   7. Other cases where the Company deems continued use inappropriate.
2. Users who fall under any of the above will lose the benefit of any grace period and must immediately pay all outstanding debts to the Company.
3. The Company bears no responsibility for damages or disadvantages caused to Users by actions taken under this Article.

Article 19 (Disclaimer of Warranty / Disclaimer of Liability)

1. The Company makes no express or implied warranties that this Service (including any content) will be free of defects or non-conformity (including security flaws, errors, bugs, and rights infringements), will meet specific purposes of the User, will have the expected functionality, product value, accuracy, or usefulness, will conform to applicable laws or industry group standards, or will be continuously available.
2. The Company shall not be liable for any damages suffered by the User arising from the use of this Service, except in cases of intentional misconduct or gross negligence by the Company. However, if the contract between the User and the Company regarding this Service constitutes a consumer contract under the Consumer Contract Act, the Company will be liable for damages caused by the Company’s negligence (excluding gross negligence) only within the scope of damages normally expected, and limited to the amount of fees the Company received from the User for the month in which the damage occurred.
3. Even in cases where the Company is found liable for damages due to its gross negligence, the Company shall only be liable for ordinary damages normally expected to arise and shall not be liable for lost profits or special damages. This does not apply if the contract is a consumer contract under the Consumer Contract Act.
4. Any transactions, communications, or disputes between Users and third parties related to this Service shall be handled at the User’s own responsibility, and the Company assumes no responsibility whatsoever.

Article 20 (User's Responsibility)

1. Users shall use this Service at their own responsibility and shall bear full responsibility for all acts and results performed through this Service.
2. Users must, at their own expense and responsibility, prepare and maintain the necessary devices (such as computers, mobile phones, smartphones, etc.), operating systems, communication methods, and power supplies required to use this Service.
3. If the User causes any damage (including legal fees) to the Company, either directly or indirectly, due to the User’s use of this Service (including claims from third parties arising from such use), the User must immediately compensate the Company in accordance with the Company’s request.

Article 21 (Handling of Returned Goods)

1. If a product shipped by the Company is returned due to the User's prolonged absence, incorrect address, refusal of receipt, or other reasons, the Company will store the product for 3 months from the date of shipment. Please note that cancellations or refunds will not be accepted in such cases. The risk associated with storing the returned product shall be borne by the User.
2. Users may request redelivery of the product within the storage period, as specified in the User Guide.
3. If the User does not request redelivery within the storage period, the User will be deemed to have waived ownership of the product, and cancellations or refunds will still not be accepted.
4. If the product is redelivered upon the User’s request but is returned to the Company again, the User will be deemed to have waived ownership of the product at the time of the second return. In this case as well, no refunds will be provided.

Article 22 (Transfer of Rights and Obligations)

1. Registered Users may not, without prior written consent from the Company, transfer, assign, set collateral, or otherwise dispose of their rights or obligations related to the use of this Service.
2. If the Company transfers the business related to this Service to another entity, the Company may transfer the contractual position under the Service agreement, rights and obligations under these Terms, and the Registered User’s Registration Information and other User information to the transferee. Registered Users hereby agree in advance to such transfers. The business transfer mentioned above includes not only ordinary business transfers but also corporate splits and other cases where business is transferred.

Article 23 (Notices and Communications)

1. Notices or communications from the Company to Users related to this Service shall be made by posting on this Service, sending emails to the registered email address, or using other methods deemed appropriate by the Company. When the Company sends an email to the registered email address, the notice shall be deemed received by the User at the time the email is sent.
2. Notices or communications from Users to the Company related to this Service shall be made using the method specified by the Company.

Article 24 (Severability)

Even if any provision or part of these Terms is found invalid or unenforceable under the Consumer Contract Act or other applicable laws, the remaining provisions and parts of these Terms shall continue to be fully effective.

Article 25 (Governing Law and Jurisdiction)

1. These Terms shall be governed by and interpreted in accordance with the laws of Japan.
2. All disputes arising out of or related to these Terms shall be submitted to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Established: December 27, 2023

Revised: February 14, 2024
Revised: March 17, 2025