Terms of Service

Article 1 (Contents and Scope of this Service)

The Service includes the following functions and all SaaS/PaaS-type platform and API services associated or related thereto

SaaS/PaaS platforms and API services to be covered
360°Car, 360°Bike, 360°Homes, 360°Auction, 360°Shop, Neural360.ai, Remote360.live, and any other 360°-related services that Kou currently provides or will provide in the future.

APIs associated with each service
Functions related to application programming interfaces (APIs) provided in connection with each service and means of data integration with external systems, etc.

AI functions to be included in each service
Processing functions based on various AI technologies, including image recognition, voice recognition, video recognition, natural language processing, information analysis, analytical processing, and generative AI.

Supported Applications
The following applications are included for each service.

• -Mobile applications for iOSand Android
• -Applications for tablets of all types
• -Various browser applications for Windows, Mac, and Linux OS

Functions related to 360° images and videos
A series of functions to automatically generate, distribute, view, manage, and store 360° images and videos.

Intermediate deliverables generated in connection with AI processing and content generation
A set of related data generated in the process of generating final deliverables, such as model output, analysis logs, feature data, metadata, etc.

Other features and services that are incidental or related
Includes enhanced and customized features, technical support and maintenance services, as well as new features and services that may be added in the future.

Article 2 (Purpose and Application of these Terms and Conditions)

These Terms of Use shall set forth the terms and conditions of use of the Service provided by KT, and shall apply to all contractual relationships established between KT and Paygate (including corporations, individuals, organizations, etc.) with respect to the use of the Service. This Agreement shall apply to all contractual relationships established between the First Party and the Second Party (including corporations, individuals, organizations, etc.) with respect to the use of the Service.
Guidelines, operating rules, policies, and other terms and conditions of use (hereinafter collectively referred to as "Individual Regulations, etc.") presented by the First Party by means of websites, applications, e-mails, etc. in relation to the Service shall constitute a part of this Agreement. In the event of any inconsistency or conflict between such Individual Regulations, etc. and these Terms of Use, such Individual Regulations, etc. shall take precedence over these Terms of Use.
Regardless of the name, you are deemed to have legally agreed to all the contents of this Agreement at the time you apply for registration for use of the Service, or at the time you actually use all or part of the Service, whichever is earlier.

Article 4 (Agreement to Terms and Use by Minors)

You shall read the entire agreement carefully before using the service, and shall fully understand and agree to the contents before using the service. If you do not agree, you may not use this service.
If you are a minor, you must obtain the explicit consent of your legal representative (parent, guardian, etc.) before using this service, and Kou shall assume that you have given such consent when you use this service.
When using the Service as a corporation or an organization, the applicant for use shall warrant that he/she has the legitimate authority to represent said corporation, etc. and to agree to these Terms of Use, and if said warranty is false, said corporation or organization shall assume all obligations under these Terms of Use.

Article 5 (Modification of Terms and Conditions)

KT may change the contents of this Agreement without obtaining the prior consent of Paygate, if KT judges that there is a reasonable reason, such as amendment of laws and regulations, change of service contents, or operational necessity.
The contents of the revised Terms of Service and the effective date of the revised Terms of Service shall be made known to the Second Party by posting the revised Terms of Service on the KT website or by any other method that KT deems appropriate.
If you do not agree to the revised Terms and Conditions, you must immediately stop using the service, cancel your membership, or terminate your membership in accordance with the prescribed procedure.
If you use this service after the effective date of the revised terms, you are deemed to have agreed to the revised terms.

Article 6 (Cooperation with External Services and Suspension or Modification of Functions)

A shall be able to change, add or delete various functions of the Service including AWS, Stripe, Zoom, YouTube, Google Drive, and other external services at its discretion without prior notice.
KT may temporarily suspend, limit, stop, or terminate all or part of the Service without prior notice to you in any of the following cases

• (1) When system maintenance or failure response is required
• (2) In the event of force majeure such as natural disasters, accidents, power outages, etc.
• (3) When measures are required based on amendments to laws and regulations or guidance from administrative agencies
• (4)Other reasons that Kou judges to be unavoidable.

KT does not guarantee the constant provision or continuous operation of the Service, and may suspend or terminate the Service in whole or in part due to unavoidable circumstances.

In some functions of the Service, various processes (e.g., video posting, payment processing, file storage, etc.) can be performed using APIs by linking Paygate's account with the following external services.

• -AWS (https://aws.amazon.com/jp/aup/)
• -Stripe ( https://stripe.com/jp/legal/consumer )
• -YouTube ( https://www.youtube.com/t/terms )
• -Google Drive ( https://www.google.com/drive/terms-of-service/ )
• -Zoom (https://explore.zoom.us/ja/legal/zoom-api-license-and-tou/ )

When linking with external services as stipulated in the preceding clause, Kou shall access and use only the minimum information necessary to execute the relevant functions, within the scope of the authentication scope such as OAuth 2.0 specified by the respective services. KT will not acquire, use, view, or store any information for any purpose other than the said purpose. In addition, A will not access any confidential information of Paygate, historical information, or any other information that is not necessary for collaboration.

Of the Service, if Paygate has linked its Google account, it is possible to post videos to the YouTube channel through the API. In this case, A will access and use the minimum information necessary for video posting only within the scope permitted by Google OAuth 2.0. Kou will not access, view, store, or use any of your video listings, play history, comments, or analytical information.

In linking with external services as stipulated in the preceding paragraphs, Paygate shall comply with the terms of use and related laws and regulations stipulated by the providers of such services.
Paygate shall, at its own expense and responsibility, maintain the equipment, software, Internet connection environment, and appropriate security measures necessary for the use of this service, and KT shall not be liable for any malfunction or damage resulting from such malfunction or damage.

Article 6-2 (Outsourcing)

The LICENSEE may, at its own responsibility, outsource all or part of the operations related to the provision of this service to a third party.
When KT consigns the business to a third party in accordance with the preceding paragraph, KT shall not require the individual approval of Paygate if the following requirements are met.

• (1) If it is a cloud service provider (Amazon Web Services, Google Cloud Platform, Microsoft Azure, etc.) or data center operator that is generally recognized as reliable
• (2) When the relevant contractor has obtained certification under international security standards (ISO/IEC 27001, SOC 2, etc.)
• (3) If the consignment contract stipulates an obligation of confidentiality equal to or greater than this agreement.

LICENSEE shall impose on its contractors the same obligations as LICENSEE's obligations set forth in these Terms and Conditions, and shall be liable for the conduct of its contractors in the same manner as LICENSEE's own conduct.

Article 7 (Account Registration and Management)

To use the Service, you must register an account (including obtaining an ID and password) in the manner prescribed by KT and obtain KT's approval. After the registration is completed, the user can use the Service.
In the event that any of the following items applies, KT may refuse to accept such application or terminate the account already registered.

• (1) When an application is not made in accordance with the application method specified by the LICENSEE
• (2) The application is submitted by a person who has violated these Terms of Use or individual regulations in the past and has been subject to suspension of use, etc.
• (3) When the LICENSEE reasonably believes that the application was made by fraudulent means.
• (4) When the registration information contains false, erroneous, or inaccurate entries
• (5) When the LICENSEE deems it inappropriate for any other reasonable reason.

You shall manage the ID and password granted by KT strictly at your own responsibility, and shall not transfer, lend, change the name of, or pledge the ID and password to any third party.
When you access to this service with your registered ID and password, KT shall regard all such actions as being performed by the relevant Paygate.
In case of theft of ID or password, or unauthorized use of ID or password by a third party, you shall immediately report it to KT and follow KT's instructions.

Article 8 (Change of Registered Information)

In the event of any change in the registered information, the Second Party shall promptly complete the change procedure in the manner prescribed by KT.
KT shall not be liable for any disadvantage or damage caused by the Second Party's failure to follow the procedures for change in the preceding paragraph.

Article 10 (Backup of Data)

Paygate shall, at its own responsibility and expense, obtain backups of the data uploaded or created on the Service (Paygate's data) from time to time.
The periodic backups on the server, which KT performs at its discretion, are for disaster response and maintenance purposes only, and do not guarantee the recovery of your individual data.
KT shall not be liable for any loss or corruption of Paygate's data.

Article 11 (Intellectual Property Rights)

All copyrights, patent rights, trademark rights, design rights, know-how and other intellectual property rights ("Intellectual Property Rights") related to the Service and all programs, software, designs, components, text, images, logos and all other content provided and displayed in connection with the Kou website shall be the exclusive property of Kou or a third party licensed by Kou under valid authority. The copyrights, patents, trademarks, design rights, know-how, and other intellectual property rights ("Intellectual Property Rights") related to the programs, software, designs, components, texts, images, logos, and all other content displayed on the Website belong exclusively to KT or a third party licensed by KT under proper authority.

The intellectual property rights to the data, images, video, audio, text, numerical values, and other information (hereinafter referred to as "Second Party Data") uploaded or provided by Second Party through this Service belong to Second Party only to the extent that Second Party has created and owns them. The intellectual property rights to the data uploaded or provided by Paygate through the Service (hereinafter referred to as "Paygate Data") belong to Paygate only to the extent that Paygate itself creates and owns such data. However, by providing such Second Party Data, Second Party shall be deemed to have granted permission to First Party to use, reproduce, analyze, process, modify, statistically process, reuse, and learn AI from such Data within the scope of the following purposes without compensation and without limitation of time.

• (1) Provision, operation, maintenance and improvement of this service
• (2) Expansion of functions and development of new services related to this service
• (3)Statistical analysis, quality improvement, training and optimization of AI models
• (4)Other operations incidental to legitimate business activities of the LICENSEE

All intellectual property rights in and to the deliverables generated by LICENSEE's automatic processing, conversion, analysis, correction, synthesis, statistical processing, or other technical processing of the Bidata (hereinafter referred to as "Intermediate Deliverables") and any derivative deliverables generated in connection therewith shall be owned by LICENSEE. All intellectual property rights to the deliverables generated by automatic processing, conversion, analysis, correction, synthesis, statistical processing, or other technical processing of the Second Party's data (hereinafter referred to as "Intermediate Deliverables") and any derivative deliverables generated in connection therewith belong to the First Party. Paygate shall not make any claim to such intellectual property rights.

KT may use the data uploaded by Paygate, after processing it into a format in which individuals cannot be identified, within the scope of legitimate purposes of KT's business, such as provision of this service, improvement, function development, statistical analysis, and AI learning, without limitation as to region, period, or number of times. Second Party shall not exercise moral rights against this use.

The LICENSEE shall not be liable for any damage to the SUPPLIER or any third party resulting from the LICENSEE's use of the JQA Data or Interim Deliverables, except in the case of willful misconduct or gross negligence on the part of the LICENSEE.

Second Party shall, at its own responsibility, guarantee that Second Party's Data does not infringe upon any copyright, portrait right, privacy right, or any other legal or contractual right of any third party, and if any damage is caused to First Party or any third party due to such infringement or threat thereof, Second Party shall resolve it at its responsibility and expense, and shall indemnify and hold First Party harmless. In the event of such infringement or threat of infringement, the SUPPLIER shall be responsible for resolving the matter at its own expense and shall indemnify and hold the KT harmless.

With respect to the deliverables, programs, data, images, etc. provided through this service, you shall not do any act that infringes the intellectual property rights of KT or any third party (unauthorized reproduction, modification, reprint, sale, distribution, adaptation, etc.), and you shall not use them for any purpose beyond the legitimate use of this service. If you violate this rule, KT may take necessary actions such as suspending your account, and you shall compensate KT for any damages incurred.

Article 12 (Prohibited Acts)

In using the Service, Paygate shall not engage in any of the following acts that correspond or may correspond to any of the following items.

• (1) Any act that infringes or may infringe copyrights, trademarks, patents, other intellectual property rights, property rights, privacy rights, portrait rights or other rights of the LICENSEE or any third party
• (2) Defaming or disgracing the LICENSEE or a third party, interfering with the operation of the business, or causing economic damage
• (3) Transferring, lending, changing the name of, offering as collateral, sharing, or allowing unauthorized use of Paygate's ID or password to a third party.
• (4) Joint use of a single ID by multiple persons or groups, or obtaining a new ID on behalf of a person whose use has been suspended.
• (5) Actions that place an excessive load on the Service, related systems or servers, or interfere with their operation or provision.
• (6) Alteration, deletion, reproduction, duplication, secondary use, redistribution, sale, or lending of information, programs, images, text, data, etc. provided through the Service without the prior consent of the user.
• (7) Transmitting, installing, or spreading computer viruses, worms, Trojan horses, malware, or other harmful programs or data
• (8) Any commercial activities such as advertisement, promotion, solicitation, sending spam mails, etc. without the consent of the LICENSEE.
• (9) Acts that violate laws and regulations, public order and morals, socially accepted norms, or these Terms and Conditions
• (10) reverse engineering, disassembling, decompiling, analyzing, or conducting any other technical investigation of the Service or any part thereof
• (11) To develop, sell, operate, or provide to a third party a competing or similar service, product, or system with reference to the Service or information provided by the LICENSEE.
• (12) Engaging in, or using, supporting, or cooperating with antisocial forces (including organized crime groups, general assemblymen, extremists, and other similar groups).
• (13)Other acts that Kou reasonably determines, in its sole discretion, to be inappropriate, detrimental, or destabilizing.

If KT judges that the user has committed any of the acts described in the preceding paragraph, KT may, without prior notice, suspend all or part of the service, terminate the contract, delete the account, or take any other action that KT deems necessary against the user.

Article 13 (Prohibition of Resale)

Resale, re-provision, lending, diversion, sublicensing, etc. of the plans for individuals (e.g. Entry, Start, Professional, etc.) provided by KT to a third party is prohibited under any circumstances.
If resale is found in violation of the preceding paragraph, KT may request that the relevant Paygate upgrade to a corporate plan (Business, Enterprise, API, OEM, etc.).
If the Second Party does not respond to the upgrade request, KT may immediately terminate the relevant agreement and delete the related account and contents, and the Second Party shall not make any objection, claim for refund, or claim for damages against KT for any loss or damage caused by this.

Article 14 (Restriction, Suspension and Deletion of Use)

KT may restrict or suspend your use of all or part of the Service, or delete your account without prior notice, if you violate these Terms of Service or individual regulations, or if KT determines that you fall under any of the following items.

• (1) When it becomes impossible to contact Paygate continuously
• (2) When KT judges that there is a possibility of causing damage to KT or a third party due to transmission of a large volume of data, infection by a virus, etc.
• (3) When a suspension of payment, commencement of legal proceedings such as bankruptcy, civil rehabilitation, etc., or similar significant deterioration of creditworthiness is recognized
• (4) If you are recognized as having a relationship with antisocial forces
• (5)Other cases in which Kou reasonably determines that you are inappropriate as a Paygate user.

KT shall not be liable for any damage incurred by the SUPPLIER or any third party as a result of any action taken by KT in accordance with the preceding paragraph.
If KT judges that there is a possibility of serious damage or loss to KT due to the use of this service by the Second Party, KT may change the contents of the service, suspend provision of the service, or terminate the contract without notice to the Second Party concerned.

Article 16 (Handling of Confidential Information)

Neither the First Party nor Second Party shall disclose or divulge to any third party, without the prior written consent of the other party, any business or technical information (hereinafter referred to as "Confidential Information") that has come to their knowledge in connection with the provision or use of this Service and which the other party has expressly disclosed to them as confidential. A and B shall not disclose or divulge to any third party, without the prior written consent of the other party, any business or technical information ("Confidential Information") obtained in connection with the provision and use of the Service that has been disclosed by the other party with the express intention of being confidential.
Information falling under any of the following items shall not be considered Confidential Information under the preceding paragraph.

• (1) Information that was already in the possession of the Company or was publicly known at the time of disclosure
• (2) Information that becomes public knowledge through no fault of the recipient after disclosure
• (3) Information obtained from a third party with legitimate authority without an obligation of confidentiality
• (4) Information developed independently, not based on disclosed information

The First Party and Second Party shall use confidential information only to the extent necessary for the operation of the Service and the achievement of the purpose of the Agreement, and may disclose such information to the minimum number of officers, employees, contractors, etc. necessary for such use. In this case, the person to whom the information is disclosed shall be subject to the same obligation of confidentiality as in this Article.

Article 17 (Disclaimer of Warranty and Limitation of Liability)

The First Party makes no warranty, express or implied, that the Service will be suitable for the specific purpose of the Second Party, that it will have the expected effectiveness, performance, accuracy, usefulness, completeness, or safety, that it is free from errors, bugs, or viruses, or that it will be provided continuously.
The 360° image processing, distribution, AI functions (e.g., caution plate reading, tire information reading, vehicle/motorcycle defect detection, frame number recognition, etc.), API linkage functions, etc. included in this service are provided for the purpose of supporting Paygate's operations and improving operational efficiency. KT does not warrant the completeness, accuracy, continuity, legality, or appropriateness of such functions or their output results.
In particular, the following points are expressly disclaimed with respect to output results from AI functions (including generative AI, image recognition, natural language processing, etc.)

• (1) Accuracy, completeness, and reliability of output results
• (2)Output results do not infringe on the rights of third parties (copyrights, portrait rights, privacy rights, etc.).
• (3)Output results must be fit for a specific purpose.
• (4) Validity of B's decision-making based on output results

Before using the output results of the AI function as the final judgment, you must check and verify them by a human being, and KT shall not be liable for any damage caused by using the output results as they are.
KT shall not be liable for any damage caused by any judgment, action, or decision made by you using the output results of AI functions or information and data obtained or generated by functions such as API.
You shall, at your own responsibility and expense, ensure that the images, videos, and other data you upload to the Service do not infringe on the copyrights, portrait rights, privacy rights, or any other legal or contractual rights of any third party, and KT shall not be liable for any dispute or damage arising from such.
KT shall not be liable for any malfunction, failure, delay, data loss, or unavailability arising from or in connection with the functionality of integration with external services, systems, cloud infrastructure, etc. provided by third parties, including YouTube API, etc. KT shall not be liable for any loss or damage arising from or in connection with such malfunction, failure, delay, data loss, or unavailability.
LICENSEE shall not be liable for any damage caused by causes beyond its control, such as inadequate settings, network failure, lack of security measures, or hardware environment of Paygate.
to the fullest extent permitted by law, the user hereby disclaims all warranties, implied or express, regarding merchantability, fitness for a particular purpose, quiet use, and non-infringement. to the fullest extent permitted by law, louis vuitton, inc. disclaims all implied and express warranties of merchantability, fitness for a particular purpose, quiet use, and non-infringement.

Article 18 (Exemption from Liability)

The First Party shall not be liable for any damage incurred by the Second Party or any third party due to any of the following reasons.

• (1) Malfunctions or failures caused by Paygate's communication environment, terminal environment, software/hardware configuration, etc.
• (2) Change, interruption, suspension or termination of this service
• (3) Force majeure such as natural disasters, war, civil war, riots, epidemics, orders or measures by government agencies, amendments to laws and regulations, power outages, etc.
• (4) Events that are difficult to prevent with normal technical standards, such as computer viruses, unauthorized access, eavesdropping or tampering on communication routes, etc.
• (5) Malfunction, failure, or suspension of provision of hardware, software, cloud services, telecommunications carrier services, etc. provided by third parties
• (6) Damage caused by other reasons beyond the reasonable control of the LICENSEE
• (7) Accuracy and usefulness of information and data acquired by Paygate through the use of this service.
• (8) Inappropriate use of this service by Paygate, or misconfiguration
• (9) Inappropriate use by Paygate's employees, agents, or contractors
• (10) Incompatibility of this service with Paygate's system

If any dispute arises between you and any third party as a result of the use of this service, you shall resolve it at your own responsibility and expense, and shall hold KT harmless from any and all damages.
All images, videos, templates, sample data, and other materials and functions provided by the Service are provided on an "as-is" basis, and KT makes no warranty as to their accuracy, completeness, usefulness, or fitness for purpose.
KT does not warrant that the Service will be uninterrupted, error-free, error-free, error-free, error-free, error-free, error-free, error-free, or virus-free.
The AI functions included in this service are provided for the purpose of assisting business operations, and KT makes no warranty as to the accuracy or validity of the judgments and output results of such AI, and shall not be liable for any damages resulting from decisions made by you based on such judgments.
If any part of the disclaimers in this Article is excluded or limited by the Consumer Contract Act or other mandatory laws and regulations, the laws and regulations of the relevant jurisdiction shall prevail.

Article 19 (Compensation for Damages)

In the event that either Paygate or First Party violates these Terms and Conditions or individual provisions and causes damage to the other party, such violating party shall be liable for compensation only for the direct and actual damage incurred.
Notwithstanding the preceding paragraph, in no event shall the other party be liable for indirect, special, incidental, consequential, or lost profits, including the damages exemplified below, regardless of the foreseeability thereof or the form of the claim (contract liability, tort liability, or any other legal basis).

• (1) Lost sales opportunities, lost sales, and lost profits
• (2) Damages due to interruption of business or suspension of operations
• (3) Indirect damages due to loss, corruption or leakage of data
• (4) Opportunity loss due to unavailability of this service
• (5) Claims for damages from third parties
• (6) Damage to social credibility and brand image
• (7) Any other damages that do not fall under direct damages

Even if the First Party is liable to the Second Party for damages, the extent of the First Party's liability shall be limited to the total amount of fees actually paid by the Second Party to the First Party for the Service within one year from the date of occurrence of the event causing such damages, unless the First Party's liability is intentional or grossly negligent. However, this limitation shall not apply in the case of willful misconduct or gross negligence on the part of the LICENSEE.
If the provisions of this Article are limited by the Consumer Contract Act or other mandatory provisions, the provisions shall be appropriately limited or adjusted in accordance with such provisions.

Article 20 (Temporary Suspension and Suspension of Service)

In any of the following cases, KT may temporarily suspend or discontinue all or part of this service without prior notice to Paygate.

• (1) When it is necessary to perform urgent or planned system maintenance or inspections
• (2) When service provision failures, vulnerabilities, or technical problems occur and need to be addressed
• (3) When service provision is difficult due to natural disasters, power outages, fire, communication failures, epidemics, or other force majeure
• (4) In the event that Paygate does not pay the Usage Fees, etc. by the prescribed due date and does not respond to a demand by the First Party.
• (5) In other cases where the LICENSEE deems it urgent or reasonably unavoidable.

Even if the SUPPLIER or a third party suffers any damage due to the suspension or termination of this service by the LICENSEE in accordance with the preceding paragraph, the LICENSEE shall not be liable for such damage to the extent permissible under the laws and regulations.

Article 20-2 (Service Level Agreement SLA)

LICENSEE shall endeavor to provide this Service stably and continuously, and shall set an effort target to achieve an availability ratio of not less than 99.0% and not more than 99.9% throughout the year. However, outages due to any of the following reasons shall be excluded from the calculation of the availability ratio.

• (1) Service suspension due to scheduled or temporary maintenance notified in advance
• (2) Failures due to natural disasters, war, spread of infectious diseases, government orders or other force majeure
• (3) Interference by third parties through DDoS attacks, unauthorized access, malware, etc.
• (4) Failures caused by Paygate's infrastructure environment, network, or terminal settings
• (5) Impact from failures or outages of external services (cloud, API, etc.)

In the event of a serious failure of the Service, the LICENSEE shall promptly notify Paygate by means of a notice on the LICENSEE's website or by e-mail, and shall take reasonable and prompt measures to restore the Service.
After the occurrence of a failure, LICENSEE shall endeavor to provide information regarding the scope of the impact, the cause, the details of the response, and measures to prevent recurrence upon reasonable request from Paygate.
The availability rate and the response obligation set forth in this Article are only the target of the LICENSEE's efforts, and the LICENSEE shall not be liable for any damage incurred by the SUPPLIER due to non-achievement of such target, in principle. However, this shall not apply in the case of willful misconduct or gross negligence on the part of the LICENSEE.

Article 21 (Exclusion of Antisocial Forces)

First Party and Second Party each represent and warrant to each other that neither First Party nor any of its directors, officers, employees, persons in effective control, contractors, agents, or other related parties, now or in the future, fall under any of the following items.

• (1) Being a member of a crime syndicate, a member of a crime syndicate, a quasi-organized member of a crime syndicate, a company affiliated with a crime syndicate, a general meeting house, a social movement advocacy group, a special intelligence group, or any other similar group (hereinafter referred to as "anti-social forces"). The applicant is an "antisocial force".
• (2) Use of or involvement with antisocial forces
• (3) Providing funds, favors, etc. to antisocial forces
• (4) Using oneself or a third party to make violent demands, unreasonable demands that exceed legal responsibility, or threatening words or deeds to the other party.

In the event of a breach of the preceding paragraph, the other party may immediately terminate said agreement without any notice or other procedures.
Even if the contract is terminated in accordance with the preceding paragraph, the party who terminated the contract shall not be liable for any damage incurred by the other party as a result of such termination.

Article 22 (Prohibition of Assignment of Rights and Obligations)

Second Party shall not assign, succeed, offer as collateral, or otherwise dispose of its position under this Agreement, or its rights and obligations based thereon, in whole or in part, to any third party without obtaining the prior written consent of First Party.
If KT transfers all or part of its business related to this service to a third party, KT may transfer its position in this agreement, its rights and obligations based on this agreement, your registration information, and any other information related to this service to the transferee, and you must agree to this in advance. The Second Party shall agree to this in advance.

Article 23 (Compliance with Laws and Regulations)

In using the Service, Paygate shall comply with the laws and regulations of Japan, especially the Foreign Exchange and Foreign Trade Law, the Act on Prevention of Transfer of Criminal Proceeds and other laws and regulations concerning prevention of money laundering and financing of terrorism.
The LICENSEE may terminate this Agreement upon written notice if the LICENSEE reasonably determines that the SUPPLIER or its related parties are subject to economic sanctions or related to anti-social forces.
If the SUPPLIER is requested by the LICENSEE to submit materials to a reasonable extent to confirm compliance with laws and regulations, the SUPPLIER shall cooperate with the LICENSEE in this regard.

Article 24 (Term and Termination of Contract)

This service agreement between Paygate and Online Mall shall become effective on the date Paygate agrees to these Terms of Use and starts using the Service, and shall terminate upon expiration of the contract term selected by Paygate or upon the occurrence of a termination event specified separately by Online Mall.
Even if the Second Party wishes to terminate the contract in the middle of the term, if there are any conditions such as non-refund of the usage fee during the contract period in accordance with Article 9 (Usage Fee, Payment, and Contract Term), the Second Party shall comply with such conditions.
Either the First Party or Second Party may terminate this Service Agreement if the other party violates this Agreement and such violation is not corrected despite a request for correction with a reasonable period of time.
After termination of this agreement, KT may delete any and all data stored by Paygate on this service, and even if any damage is caused to Paygate or a third party as a result, KT shall not be liable for such damage to the extent permitted by law.
Even after termination of this agreement, the provisions that should survive due to their nature (Article 11 [Intellectual Property Rights], Article 12 [Prohibited Acts], Article 15 [Handling of Personal Information], Article 17 [Disclaimer of Warranties and Limitation of Liability], Article 18 [Disclaimer of Liability], Article 19 [Indemnity], etc.) shall remain in effect.

Article 25 (Force Majeure)

If the LICENSEE's performance of its obligations under this Agreement is delayed or rendered impossible by acts of God, fire, power failure, war, civil strife, riot, government orders or regulations, enactment or repeal of laws, labor disputes, epidemics, communications infrastructure failure, or any other force majeure beyond the LICENSEE's reasonable control, the LICENSEE shall not be liable for such delay or inability to perform, LICENSEE shall not be liable in any way for such delay or inability to perform its obligations hereunder.

Article 26 (Governing Law and Court of Jurisdiction)

The formation, validity, performance and interpretation of these Terms and Conditions shall be governed by the laws of Japan. However, if Paygate is a consumer and resides in an EU member country, etc., and the local mandatory laws and regulations are deemed applicable, such laws and regulations may take precedence.
If a lawsuit becomes necessary in relation to this agreement or the service, the district court with jurisdiction over the location of the First Party's head office shall be the exclusive agreement jurisdictional court of the first trial. However, this shall not apply if Paygate is a consumer and the jurisdiction of a separate court is determined by mandatory laws and regulations.

Article 27 (Language and Translation)

The Japanese language version shall take precedence over the translated version in the event of any discrepancy between the Japanese version and the translated version, even if a translated version has been prepared.
KT may provide translated versions of this Agreement in multiple languages for the convenience of users of the Service, but KT makes no warranty as to the accuracy or completeness of such translated versions.

Article 28 (Trademarks, etc.)

360°Car ", " 360°Bike ", " 360°Homes ", " 360°Auction ", "360°Shop", "Neural360.ai", "Remote360.live" and other marks including names, trade names, logos, domain names, etc. of services provided by LICENSEE (hereinafter, the "Trademarks, etc.") (hereinafter referred to as "Trademarks, etc."). All rights regarding "Kou", "Remote360.live" and other marks including names, trade names, logos, domain names, etc. (hereinafter referred to as "Trademarks, etc.") belong to Kou or third parties who rightfully own such rights.
You may not reproduce, modify, download, distribute, publicly transmit, reuse, commercially exploit, or use in any other similar manner the Trademarks, etc. without the prior written consent of the First Party or other right holders.
Notwithstanding the preceding paragraph, reading the Trademarks, etc. to the extent necessary for Second Party to display and use the Service on his/her terminal shall be permitted as an exception.

Article 29 (Communication and Notification)

All communications, notifications, and other communications from the First Party to the Second Party regarding the Service shall be made in a manner separately determined by the First Party.
Notices from the First Party to the Second Party shall be made by any of the following means, and such notices shall become effective at the time they are sent or posted by the First Party.

• (1) Send e-mail to the e-mail address that Paygate has provided at the time of registration
• (2) Notices posted on Kou's website or within the Service
• (3)Any other method that KT determines to be reasonable.

If there is any change in the registered e-mail address or other information, the Second Party shall promptly complete the change procedure in the manner prescribed by KT, and KT shall not be liable for any failure to receive any notification due to such failure.

Article 30 (Entire Agreement)

This Agreement constitutes the entire and only agreement between the First Party and the Second Party regarding the use of the Service, and supersedes any and all agreements, proposals, explanations, and understandings, whether oral or written, between the First Party and the Second Party prior to or contemporaneous with this Agreement.
Any additions or modifications to these Terms and Conditions between Paygate and Online Mall shall require the express written consent of Online Mall (including by electronic means), and no other agreement shall be effective.

Article 31 (Contact for Inquiries)

Questions, comments, or other inquiries regarding these Terms of Use should be directed to
Company name: AGENCIA Inc.
Department in charge: Customer Support Department
Address: Urbannet Nagoya Nexta Building 4F, 1-1-1 Higashisakura, Higashi-ku, Nagoya, Aichi 461-0005, Japan
Hours: Weekdays 10:00-17:00 (Japan time)
E-mail: support@agencia.co.jp