Terms of service

These Terms of Use for viviON Blue (the “Terms”) govern the provision of the service offered by viviON Inc. (the “Company”) under the name “viviON Blue,” and outline the rights and responsibilities between the Company and users of the 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 regarding the provision and use of this Service, and apply to all relationships between Users and the Company in connection with the use of this Service.
  2. Supplementary Terms are considered part of these Terms. In the event of any inconsistency between these Terms and the Supplementary Terms, the provisions of the Supplementary Terms shall prevail.

Article 3 (Agreement to the Terms)

  1. Users must use this Service in accordance with these Terms. Users are not permitted to use this Service unless they agree to these Terms. By beginning to use this Service, Users are deemed to have agreed to these Terms.
  2. If the User is a minor, they must obtain consent from a legal guardian before using this Service. If the User is using this Service on behalf of a business, that business must also agree to these Terms. In the case of a minor using this Service, it will be assumed that the minor has obtained the necessary consent from their 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 are only accessible to Registered Users who have completed account registration (hereinafter referred to as "Registration-Required Services"). Those wishing to register ("Registration Applicants") may apply for account registration by providing specified information ("Registration Information") to the Company in the prescribed manner.
  2. Registration Applicants must provide true, accurate, and complete Registration Information when submitting their application.
  3. The Company will determine whether to accept the registration based on the Company’s internal criteria. If the registration is accepted, the Company will notify the Registration Applicant. The registration process will be considered complete when the Company notifies the applicant of acceptance.
  4. The Company may refuse or cancel registration (including re-registration) if the Registration Applicant falls under any of the following circumstances. The Company will not be liable for any damages or disadvantages resulting from the refusal or cancellation of registration, and is not obligated to disclose the reasons for such refusal or cancellation.
    1. -If there is false, inaccurate, or incomplete information provided in all or part of the registration information submitted to the Company.
    2. -If the applicant is a minor, adult ward, person under curatorship, or person under assistance, and has not obtained the necessary consent from their legal guardian, curator, assistant, or other required parties.
    3. -If the applicant is already a Registered User.
    4. -If the applicant is part of or connected to antisocial forces (such as organized crime groups, gang members, extremist groups, or other similar groups, as defined below), or if the Company determines that the applicant is involved in any way with maintaining, operating, or managing such forces through financial support or other means, or is engaged in any interaction or involvement with antisocial forces.
    5. -If the Company determines that the applicant has previously violated a contract with the Company or is related to someone who has.
    6. -If the applicant has been subject to any measures outlined in Article 18.
    7. -If the Company determines that the applicant is likely to fall under any of the above-mentioned conditions.
    8. -If the Company determines that the registration is inappropriate for any other reason.

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, or other changes approved by the Company.
  2. Registered Users are responsible for managing their login credentials (user ID and password) for their account at their own risk and expense. The Company will consider any actions taken using the registered login credentials to be those of the Registered User, and any resulting effects will be attributed to the Registered User. The Registered User will be responsible for any damages resulting from inadequate management, misuse, or third-party use of their login credentials.
  3. If a Registered User's login credentials are disclosed to a third party, or if there is suspicion that they are being used by a third party, the Registered User must immediately report it to the Company and follow the Company's instructions.
  4. The account for this Service is exclusive to the Registered User, and all rights related to the Service cannot be transferred, lent, assigned, or inherited by a third party.

Article 7 (Account Deletion)

  1. Registered Users may delete their account registration at any time by following the procedures prescribed by the Company.
  2. By deleting their account as described in the previous paragraph, the Registered User will automatically lose the benefit of any outstanding payment deadlines and must immediately pay all outstanding debts to the Company.
  3. All rights of the Registered User related to this Service (including any points associated with the Service) will expire upon deletion of the account, regardless of the reason. Even if a Registered User accidentally deletes their account, the account and any expired points cannot be recovered or reinstated.

Article 8 (Provision of the Service)

  1. The Company may limit the provision of all or part of this Service to users who meet certain conditions, such as age, identity verification, account registration, or other conditions deemed necessary by the Company.
  2. The Company may change all or part of the contents of this Service at any time without prior notice to users, if deemed necessary by the Company.
  3. The Company may suspend or discontinue all or part of the provision of this Service without prior notice to users in the following cases:
    1. -When performing system inspections or maintenance related to this Service
    2. -If the operation of this Service becomes impossible due to issues such as computer or communication line failures, incorrect operations, excessive access concentration, unauthorized access, hacking, etc.
    3. -If the operation of this Service becomes impossible due to force majeure events such as earthquakes, lightning, fires, floods, power outages, natural disasters, etc.
    4. -If it is necessary to ensure the safety of customers or third parties, or in cases of emergencies for the public interest
    5. -In any other case deemed necessary and reasonable by the Company
  4. The Company may, for its own reasons, terminate the provision of this Service after notifying users in advance.
  5. Even if damages or disadvantages occur to users due to the Company’s actions under paragraphs 1 to 4, the Company will not be liable for such damages or disadvantages.

Article 9 (Fees, etc.)

  1. If payment for products or other services is required (hereinafter referred to as "Fees"), users wishing to use the service must pay the Fees through a payment method selected by the user from the methods prescribed by the Company.
  2. Except where required by law, the Company will not refund any Fees that have already been paid.
  3. The Company may revise the Fees without obtaining the user’s consent, and the user agrees to such revisions.

Article 10 (Points)

  1. The Company may issue points that can be used for payment of Fees within this Service.
    *Points: Points are granted to users by the Company when they perform certain actions as prescribed by the Company. The Company may also grant points for free or sell them.
  2. Users may not transfer, assign, pledge, or otherwise dispose of their points to a third party.
  3. Points will expire in the following cases:
    1. -If 6 months have passed since the last activity
      *"Last activity" refers to orders that involve earning points and receiving various benefits (excluding birthday benefits). When points are earned through new orders, the validity period of the accumulated points is extended by 6 months.
    2. -If the account is deleted or erased
    3. -If the Company terminates the Service
  4. If 1 year has passed since the last change in the point balance (increase or decrease), or if the account is deleted or erased, the points will expire.
  5. Unless required by law, the Company will not exchange points for cash or other items.

Article 11 (Ownership of Rights)

  1. Intellectual property rights and other rights related to this Service are owned by the Company or licensors granting licenses to the Company.
  2. Except as otherwise provided in these Terms, all intellectual property rights and other rights related to this Service are owned by the Company.

Article 12 (Suspension and Termination of the Service)

The Company may suspend or terminate the provision of all or part of this Service without prior notice to users. In such cases, users agree that they may not be able to purchase or download (including re-download) the product.
The Company may suspend or terminate the provision of all or part of the Service without prior notice in the following cases:

  1. -If it is determined that a third party who granted a license to the Company does not have the necessary authority, or if the Company determines there is a risk of this happening
  2. -If the licensing agreement between the Company and its licensor ends
  3. -If the licensor requests the suspension or termination of provision
  4. -If the Company determines that it is impossible to provide the Service due to other reasons

Article 13 (Functions, Specifications, etc.)

  1. The Company may, at its discretion, change the functionality or specifications of this Service at any time without prior notice to users. The following are guidelines regarding the functionality and specifications of this Service:
    1. -Simply adding products to the cart does not guarantee securing, reserving, or purchasing the product.
    2. -Pressing the purchase button does not confirm the purchase, and there may be cases of insufficient stock.
  2. The Company may provide a review function for products in this Service. Users must comply with or agree to the following when using the review function:
    1. -Users must represent and warrant that they have legal rights to the content and expression of their reviews, and that these do not infringe on third-party rights.
    2. -Users must not exercise moral rights over the posted content against the Company or those to whom the Company has transferred or granted rights, nor allow third parties to do so.
    3. The Company may, without prior notice to the user, suspend or delete reviews related to the products fond on this Service if it is determined that they violate laws or these Terms, or if there is a reasonable business necessity to do so.

Article 14 (Advertising)

The Company may display advertisements from either the Company or third parties on this Service.

Article 15 (Third-Party Services)

This Service may include services or content provided by third parties other than the Company. The responsibility for such services or content lies with the third party providing them. Additionally, the use of such services or content may be subject to the terms of use and other conditions set by the third party providing them.

Article 16 (Privacy)

The handling of user information by the Company will be governed by the privacy policy separately established by the Company (リンク).

Article 17 (Prohibited Activities)

Users must not engage in any activities that fall under, or are deemed by the Company to potentially fall under, any of the following actions while using this Service.

  1. -Violation of these Terms
  2. -Violation of laws or criminal activities
  3. -Fraudulent or threatening activities against the Company, other users of this Service, or third parties
  4. -Activities that violate public order and morals
  5. -Infringement on the intellectual property rights, portrait rights, privacy rights, reputation, or any other legal or contractual rights or interests of the Company or third parties
  6. -Actions that delete, bypass, or disable technical protection measures, such as security or DRM, applied to the content provided through this Service
  7. -Posting or sending information through this Service that the Company determines to be, or may be, the following:
    1. +Information containing excessively violent or cruel expressions
    2. +Information containing computer viruses or other harmful computer programs
    3. +Information that damages the reputation or credibility of the Company, other users, or third parties
    4. +Information containing excessively obscene expressions
    5. +Information containing expressions related to child pornography or child abuse
    6. +Information that promotes discrimination based on race, nationality, religion, gender, social status, lineage, etc.
    7. +Information that encourages suicide or self-harm
    8. +Information that promotes the inappropriate use of drugs
    9. +Information containing antisocial expressions
    10. +Information requesting the spreading of information to third parties, such as chain emails
    11. +Information containing expressions that cause discomfort to others
  8. -Unauthorized access to or excessive load on the network or systems of this Service
  9. -Reverse engineering or other analysis of software or systems provided by the Company
  10. -Using bots, cheat tools, or other technical means to manipulate this Service unlawfully, intentionally exploiting service flaws, repeatedly asking the same questions unnecessarily, making unreasonable inquiries or demands to the Company, or engaging in other activities that may interfere with the operation of this Service or other users' use of it
  11. -Unauthorized access to the Company's or its group companies' networks or systems
  12. -Impersonating a third party or intentionally spreading false information
  13. -Using another registered user's ID or password
  14. -Engaging in promotion, advertisement, solicitation, or sales activities on this Service without prior permission from the Company
  15. -Illegally collecting, disclosing, or providing another person’s personal information, registration information, usage history, etc.
  16. -Activities that cause disadvantage, damage, or discomfort to the Company, other users, or third parties
  17. -Posting or sending the same or similar messages (unless authorized by the Company), or engaging in any other actions that the Company deems as spam
  18. -Exchanging the right 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. -Engaging in activities aimed at meeting or forming relationships with unknown third parties, engaging in sexual or obscene acts, harassing or defaming other users, or using this Service for purposes other than those intended by the Company
  21. -Engaging in religious activities or soliciting for religious organizations
  22. -Directly or indirectly causing or facilitating any of the activities listed above
  23. -Attempting to engage in any of the activities listed above
  24. -Any other activities the Company deems inappropriate

Article 18 (Termination by the Company)

  1. The Company may, without prior notice or warning to the user, suspend all or part of the user’s use of this Service, suspend the user’s registered account, terminate the user’s membership, or take any other action the Company reasonably deems necessary and appropriate in the following cases:
    1. -If the user violates any provision of these Terms
    2. -If the user delays in paying or refuses to pay fees associated with this Service
    3. -If it is found that any information provided in the user’s registration details is false
    4. -If the user suspends payment or becomes unable to pay, or if a petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or similar procedures is filed by or against the user
    5. -If the user fails to respond to inquiries or other requests for responses from the Company for more than one month
    6. -If the user is a member of or associated with antisocial forces
    7. -If, in the Company's reasonable judgment, it is deemed inappropriate for the user to continue using this Service
  2. If any of the above conditions apply, the user will automatically lose the benefit of any outstanding payment deadlines and must immediately pay all debts owed to the Company.
  3. The Company will not be responsible for any damage or disadvantage suffered by the user due to the measures described in the first paragraph of this Article.

Article 19 (Disclaimer of Warranties / Limitation of Liability)

  1. The Company does not explicitly or implicitly guarantee that this Service (including its content) is free from defects, errors, or non-compliance with the contract (such as security issues, bugs, or rights infringements), that it will meet the user’s specific needs, that it will function as expected, have commercial value, be accurate or useful, that it will comply with applicable laws or industry regulations, or that it will be available for continuous use.
  2. The Company will not be responsible for any damages incurred by the user as a result of this Service, except in cases of intentional or gross negligence by the Company. However, in cases where the contract between the user and the Company related to this Service constitutes a consumer contract as defined by the Consumer Contract Act (hereinafter referred to as the "Consumer Contract"), the Company will not be liable for damages arising from lost profits or other special circumstances, and will only be liable for damages within the scope of the usual damages that occur, up to the amount of the service fee received by the Company in the month in which the damage occurred.
  3. If the user suffers damages due to the Company’s gross negligence, the Company will not be liable for damages arising from lost profits or other special circumstances and will only be liable for damages within the scope of the usual damages that occur, up to the amount of the service fee received by the Company in the month in which the damage occurred. However, this does not apply if the contract between the user and the Company related to this Service constitutes a Consumer Contract.
  4. The Company will not be responsible for any transactions, communications, disputes, or other issues arising between the user and third parties in relation to this Service, and the registered user shall resolve these matters on their own behalf.

Article 20 (User's Responsibility)

  1. The user shall use this Service at their own responsibility and shall bear full responsibility for any actions taken and the resulting consequences while using this Service.
  2. The user must provide the necessary personal computer, mobile phone, smartphone, or other communication devices, operating systems, communication means, and electricity, etc., at their own cost and on their own behalf to use this Service.
  3. If the Company suffers any direct or indirect damage (including attorney fees) due to the user’s use of this Service (including claims from third parties caused by such use), the user must immediately compensate the Company in accordance with the Company’s claim.

Article 21 (Handling of Returned Goods)

  1. If a product shipped by the Company (hereinafter referred to as "the product") is returned due to reasons such as the user being absent for an extended period, incorrect address, or refusal to accept delivery, the Company will store the product for three months from the shipping date. Please note that cancellations or refunds will not be provided in such cases. Furthermore, the risk during the storage period of the product will be borne by the user.
  2. If the product is within the storage period mentioned above, the user can request a re-delivery. For more details, please refer to the [User Guide].
  3. Once the period mentioned in the first paragraph has passed, the user will be considered to have abandoned ownership of the product. In this case, cancellations or refunds will not be available.
  4. If, based on the user’s re-delivery request, the product is re-delivered but is returned to the Company again, the user will be considered to have abandoned ownership of the product upon the arrival of the returned item. In this case, refunds will also not be available.

Article 22 (Transfer)

  1. Registered users may not transfer, assign, pledge, or otherwise dispose of their rights or obligations related to the use of this Service to any third party without the prior written consent of the Company.
  2. If the Company transfers its business related to this Service to another company, the Company may transfer its position in the service agreement, rights and obligations under these Terms, as well as the registered user’s registration information and other user information to the recipient of the business transfer. The registered user will be deemed to have agreed to such a transfer in advance. This includes not only a typical business transfer but also any situation in which the business is divided or otherwise transferred.

Article 23 (Communication / Notifications)

  1. Any communication or notification from the Company to the user regarding this Service will be made via posting on the Service, sending an email to the registered email address, or other methods deemed appropriate by the Company. If the Company sends a notification by email to the registered email address, the user will be deemed to have received the notification at the time the email was sent.
  2. Any communication or notification from the user to the Company regarding this Service must be made using methods prescribed by the Company.

Article 24 (Severability)

If any provision or part of a provision of these Terms is deemed invalid or unenforceable under the Consumer Contract Act or other applicable laws, the remaining provisions of these Terms, and the remaining part of any provision deemed invalid or unenforceable, will continue to remain fully effective.

Article 25 (Governing Law and Jurisdiction)

  1. The original text of these Terms is in Japanese, and the governing law shall be Japanese law.
  2. Any disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Established on December 27, 2023

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