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Terms of Service

CALISTHENICS TOKYO PROGRAM Terms of Service

These Terms of Service (hereinafter referred to as the “Terms”) define the rights and obligations between Calisthenics Tokyo Ltd. (hereinafter referred to as “our company”) and customers (hereinafter referred to as “customers”) who use this service. If the customer uses this service, it is assumed that the customer agrees to these terms, privacy policy, and other rules set by our company (collectively referred to as “the Terms, etc.”).

Article 1 (Definitions) In these Terms, etc., the following terms have the meanings defined below:

  1. “This site” refers to the website “Calisthenics Tokyo” operated by our company.
  2. “This service” refers to the paid distribution service of the program videos provided by our company through this site, and its associated services, the details of which are defined in the next article.
  3. “Program Videos” refer to the program videos about “CALISTHENICS” produced by our company.

Article 2 (Service Content)

  1. Our company provides the following services as the content of this service to customers:
    • Paid distribution service for program videos.
    • Other services separately defined by our company.
  2. Our company can change the content of this service without prior notice to customers.

Article 3 (Registration)

  1. Customers, after agreeing to these terms, etc., will apply for registration by entering their name, email address, desired password, and other items specified by our company (hereinafter referred to as “registration items”) on the application form on this site.
  2. Applications for use registration must always be made by the customer themselves. Unless our company specifically approves, applications for registration by agents are not allowed.
  3. Customers must provide true, accurate, and up-to-date information to our company when applying for use registration.
  4. Our company can refuse the application for use registration of a customer if it judges that the customer falls or is likely to fall under any of the following reasons. The reason for refusing registration will not be notified or disclosed to the customer.
    • Violating or likely to violate laws, regulations, public order, or the Terms, etc.
    • Providing false information in part or in full of the registration items.
    • Past refusals or cancellations of this service by our company.
    • Any other reasons our company deems inappropriate for registration.
  5. If our company approves the registration of the customer, it will notify the customer by email or other means. The registration is completed at the time of the transmission of such notice, and the service use contract is established.

Article 4 (Change of Registration Items)

  1. If there is a change in the registration items, customers will notify our company of the changed registration items without delay and will submit the documents our company requests.
  2. If customers do not perform the change procedure for the registration items as mentioned in the previous paragraph, our company will process based on the registration items before the change and will not be responsible for any disadvantages caused to the customer.

Article 5 (Account, ID, and Password Management)

  1. When our company approves the registration of a customer, it will provide the customer with an account and password (hereinafter referred to as “account” and “password”) for the use of this service.
  2. Customers are responsible for managing their password, and our company is not responsible for any damages to the customer due to leakage or misuse of the password.
  3. Our company assumes that the use is by the customer themselves if login is done with a matching combination of email address and password.
  4. Customers shall not lend, transfer, change the name, pledge, or otherwise dispose of their account, email address, and password to third parties.
  5. Customers cannot hold multiple accounts. Also, multiple customers cannot jointly hold one or multiple accounts.

Article 6 (Withdrawal) If customers wish to cancel their registration for this service, they will apply in the manner specified by our company. The service use contract between the customer and our company will be terminated when our company approves the application and cancels the registration of the customer.

Article 7 (Cancellation of Registration, etc.)

  1. Our company can restrict the use of this service or cancel the registration of a customer without any notice if it judges that the customer falls or is likely to fall under any of the following reasons. Our company will not notify or disclose to the customer the reason for this action.
    • Violating all or part of Article 12 (Prohibited Acts).
    • Violating these terms, etc., or the service use contract other than the previous item.
    • Deterioration of the customer’s credit status.
    • Any other reasons our company deems inappropriate to maintain registration.
  2. If our company cancels the registration of a customer based on the previous paragraph, the service use contract between our company and the customer will be terminated.
  3. If the customer falls under any of the items in paragraph 1, they will lose the benefit of the term naturally without any notice or demand from our company and will be obliged to pay all monetary obligations to our company immediately.
  4. Our company is not responsible for any damages caused to the customer by the actions of the first paragraph.

Article 8 (Fees) Customers will pay our company’s specified fee when viewing the program videos.

Article 9 (Payment Method) Customers will pay the fee of the previous article in the manner specified by our company. Please note in advance that at least payment by bank transfer is not possible.

Article 10 (Viewing of Program Videos) Customers can view the program videos corresponding to the fee paid in the previous article, except as otherwise provided in these terms, etc., until the termination of the service use contract.

Article 11 (Refunds)

  1. Customers can receive a refund of the fee they paid under Article 9 by going through the refund procedure in the manner prescribed by our company, within 30 days starting from the day following the payment.
  2. If a customer completes the refund process as described in the preceding paragraph, they will no longer be able to watch the program video subject to the refund.

Article 12 (Prohibited Acts) Customers must not engage in any of the following acts, whether intentionally or negligently: ① Acts that violate laws, regulations, public order, or the terms and conditions of this agreement. ② Acts that go against the precautions posted on this site. ③ Acts that affirm, promote, or encourage criminal activities or legal violations. ④ Harassment, defamation, or acts that damage the honor or credit of our company, other customers, or any third party. ⑤ Acts that infringe on the rights or benefits of our company, other customers, or any third party. ⑥ Business-related, advertising, solicitation, or other acts for profit. ⑦ Sending malicious computer viruses or any act that damages or interferes with the functions of our server or network. ⑧ Modifying, downloading, reposting, or copying the program video. ⑨ Any other acts that our company deems inappropriate or that disrupt the operation of this service.

Article 13 (No Transfer, etc.)

  1. Customers must not transfer, succeed, pledge, or dispose of all or part of their rights and obligations under this service contract to any third party.
  2. If our company transfers its business related to this service to another company, we may also transfer the customer’s registration details and other information, along with our position, rights, and obligations under this service agreement, to the transferee of the said business. Customers are considered to have already agreed to this transfer under this clause. This includes not only regular business transfers but also any form of business transition such as company splits.

Article 14 (No Warranty and Liability)

  1. Our company makes no warranty regarding the completeness, utility, accuracy, safety, reliability, or the absence of errors or bugs in this service or program video.
  2. We take no responsibility for the effects of the customer’s use of this service or program video.
  3. Even if a customer suffers direct or indirect damage due to the use of this service, our company will not be liable for compensation. However, if this service agreement is a consumer contract under the Consumer Contract Act, the following paragraph shall apply.
  4. In the case mentioned in the preceding paragraph, our company shall not be liable for any damages arising from special circumstances caused by our negligence (excluding gross negligence). Moreover, compensation for damages caused to the customer by our negligence (excluding gross negligence) will be limited to the total amount of the fees the customer paid to our company under Article 9.

Article 15 (Intellectual Property Rights) All copyrights and other intellectual property rights related to this service (including the program video) belong to our company or third parties from whom our company has obtained permission to use.

Article 16 (Suspension of Service)

  1. In the event of any of the following, we may, at our discretion, suspend or interrupt the entire or part of the service without prior notice to customers:

① When performing regular or emergency maintenance checks related to the service

② In cases of natural disasters such as earthquakes, lightning strikes, fires, power outages, or interference by third parties, rendering service provision difficult

③ In cases of equipment anomalies, malfunctions, defects or other reasons that prevent us from providing the service

④ Any other situation where we deem it necessary to suspend or interrupt the service

  1. We shall not be responsible for any disadvantages or damages suffered by customers due to the suspension or interruption of the service, regardless of the reason.

Article 17 (Exclusion of Anti-Social Forces)

  1. Customers shall represent and warrant to us that they do not currently, nor will they in the future, fall under any of the following:

① Either themselves, their officers (directors, executive officers, or auditors), or key employees being recognized as: a) Gang organizations, gang members, those who left gangs within the past 5 years, gang-related businesses, organizations, and associates, and those akin to them (collectively referred to as “gang members, etc.”)

b) Those belonging to groups that potentially promote violent behavior, and those who transact with them

② Their business being controlled by gang members, etc.

③ Utilizing the power of gang members, etc., for wrongful profit in their business, or employing gang members, etc., with the intention of using their power

④ Being acknowledged to finance, provide favors to, or inappropriately prioritize gang members, etc.

⑤ The service usage contract promotes the activities of gang members, etc., or finances the operations of gangs

  1. We can immediately cancel the registration of customers who fall under any of the following without any notification:

① Violation of the preceding paragraph

② Conducting the following actions themselves or through a third party: a) Violent demands against us or any third party

b) Unfair demands beyond legal responsibility towards us or any other third party

c) Threatening language or violent actions against us or any third party

d) Spreading rumors, deceit, or using force to disrupt our business

e) Other actions equivalent to the above

  1. If we cancel a customer’s registration, it means the service usage contract between us and the customer is terminated.

  2. We shall not be responsible for any damages incurred by the customer due to the cancellation of registration as per the above paragraph.

Article 18 (Handling of Personal Information) Customers shall agree to our specified privacy policy.

Article 19 (Liability) If a customer violates this agreement, or engages in fraudulent or illegal activities causing us damage, the customer is responsible for compensating all damages (including attorney fees) to us.

Article 20 (Termination of Service)

  1. In the event of any of the following, we shall terminate all or part of the service, and the service usage contract can be terminated entirely or partially as of the specified termination date:

① When customers are notified one month prior to the termination date

② In cases where all or part of the service cannot be provided due to force majeure such as natural disasters

  1. We shall not be responsible for any damages suffered by customers due to the termination of the service usage contract based on the preceding paragraph.

Article 21 (Modification of Terms and Conditions)

  1. We may, at our discretion, change these terms and conditions at any time without prior notice.
  2. Any changes to these terms and conditions will take effect when we post the revised terms and conditions on our website. Customers are deemed to have accepted the revised terms and conditions from the time they are posted on our site.

Article 22 (Surviving Provisions) Regardless of the reasons for termination or dissolution, the following provisions will continue in force even after the termination of the service usage agreement between the company and the customer: Articles 4(2), 5(2 to 5), 7(3 and 4), 13, 14, 15, 16(2), 17(4), 18, 19, 20(2), 21, this article, 23, 24, and 25, as well as any monetary obligations arising under the service usage agreement.

Article 23 (Governing Law) These terms and conditions, as well as the service usage agreement, shall be governed by and construed in accordance with Japanese law.

Article 24 (Jurisdiction) Any and all disputes arising out of or in connection with these terms and conditions or the service usage agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Article 25 (Matters for Discussion) For any matters not specified in these terms and conditions or in the event of any doubts regarding the interpretation of any provision, the company shall engage in discussions in good faith and seek resolution.

Established on October 11, 2021.

CALISTHENICS TOKYO LLC.

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