Terms of Software License for HAPPY HOLIDAYS

Terms of Software License for HAPPY HOLIDAYS

Article 1. General Provision

  1. These software license terms (“Terms”) set out the principal matters regarding the use of the iOS/Android application “HAPPY HOLIDAYS” (“Software”) provided by Fenrir Inc. (“Company” or “we”) to users (“User(s)”) or you.
  2. The Terms shall apply to you and the Company regarding the use of the Software.
  3. You must agree to the Terms and use the Software at your responsibility according to those provisions. Once you use the Software, you will be deemed to have agreed to all the matters below.
  4. You shall be at least four years old. If you are a minor, you must use the Software with the consent of your statutory agent, such as a person with parental authority. The definition of a minor shall be constructed under the laws of Japan; thus, a minor means herein a person under 18 years of age.
  5. You shall prepare a device, an application, communication means, and other things necessary and appropriate for your use of the Software and bear expenses for connecting to the Software, including communication costs.
  6. The Company will not be involved in your preparation for and means of access to the Internet.
  7. The Company may revise and modify the Terms. That change shall be reasonable and appropriate and posted in a predetermined place for a certain period before being applied to Users (Users’ use of the Software).
  8. The Japanese version of the Terms shall be the official text and supersede a difference or inconsistency with any translated versions of other languages.

Article 2. Definitions

  1. In the Software, the following terms are defined as below:
    1. “Terms” means the Terms of Software License for HAPPY HOLIDAYS.
    2. “Company” means Fenrir Inc.
    3. “Software” means the iOS/Android application “HAPPY HOLIDAYS” and related services the Company provides.
    4. “User(s)” means our customers, those who use the Software provided by the Company.
    5. “Party” means the Company or the User unless otherwise provided.
    6. “Platform providers” means Apple, Inc. and Google, Inc.
    7. “Software Distribution Platforms” means Apple’s software distribution platform “App Store” and Google’s software distribution platform “Google Play.”

Article 3. Suspension, Termination, and Modifications of the Software License

  1. In any of the following cases, the Company may suspend, terminate, or modify the Software license in whole or part without prior notice to Users.
    1. If the Company determines that it is necessary to enhance the security or performance of the Software,
    2. In the occurrence of Acts of God, another force majeure event, or abnormal situation,
    3. If the license for another company’s system on which the whole or a part of the Software is based is suspended, terminated, or restricted,
    4. If the Software is used in a manner that is likely to disrupt the network or server used to license the Software,
    5. If the Company becomes unable to license the Software to Users, or
    6. In other cases where the Company determines, at its sole discretion, that it is unavoidable.

Article 4. Rights to the Software

  1. All intellectual property rights, including copyrights, trademarks, and any other rights in and to the content displayed during your use of the Software, programs, and other elements constituting the Software shall belong to the Company or a provider of the content.
  2. You may use the Software for your private use only and shall not reproduce any content without permission.
  3. If any issue arises relating to intellectual property rights, including copyrights, due to your violation of paragraph 2 above, you shall settle that issue at your expense and responsibility. You shall not cause any trouble, damage, or loss to the Company.

Article 5. Prohibitions

  1. If the Company is aware that you are conducting any of the prohibited activities below, we may take any measures, including suspending your use [of the Software], reporting you to the police, and disclosing information to relevant authorities to request the information from the applicable provider, without assuming any responsibility to you.
    1. To violate laws and ordinances and to solicit, force, or encourage the violation.
    2. To disrupt the operation and functionality of the Software
    3. To interfere with other Users’ uses of the Software
    4. To reproduce, modify, change, alter, or adapt the Software
    5. To reproduce or analyze programs constituting the Software (including its object code, source code, and any other elements) or disclose them to a third party
    6. To infringe on intellectual property rights of the Company or a third party
    7. To disrupt or likely to disrupt the operation of the Software
    8. To use the content of the Software for purposes other than the use of service rendered via the application of “HAPPY HOLIDAY”
    9. To do contrary to public policy by using the Software
    10. To conduct other actions deemed by the Company inappropriate

Article 6. Personal Information

  1. The Company will appropriately handle all Users’ personal information according to our Privacy Policy (https://www.fenrir-inc.com/jp/privacy-en/) and the Software’s privacy policy (https://docs.fenrir-inc.com/en/happy-holidays/privacy.html).
  2. To improve and enhance the Software, the Company may analyze and process information, such as your use status of the Software, taking care to de-identify it to the extent necessary for survey and analysis even after the provision of the Software is discontinued. You shall agree to the analysis mentioned above and processing.
  3. The Company will not access or handle personal data in your transmission information.

Article 7. Exclusion of Anti-social Forces

  1. Each Party represents and warrants to the other Party as follows:
    1. It is not and has never been any of the following: an organized crime group (boryokudan) defined in the Act on the Prevention of Unjust Acts by Organized Crime Group Members of Japan, the body or person concerned with it, a semi-organized crime group (jun boryokudan) defined by the National Policy Agency (a body that conducts concerted or habitual violent acts, engaging in fraud, blackmail, assault, insult, and other misconducts), the body or person concerned with it, a corporate extortionist (sokaiya), a socially branded racketeering organization (shakai undou hyobo goro), a politically branded racketeering organization (seijikatsudo hyobo goro), any other group or person equivalent thereto, and their members (“Anti-social Forces”).
    2. It has no transaction or relationship with the Anti-social Forces and has not used them or allowed them to use its name.
    3. It will never conduct itself or through a third party an action to interfere with the business or damage the reputation or credibility of the other Party by violence, threat, fraudulent means, or force.

Article 8. Non-warranty and Compensation for Damage

  1. The Company does not warranty the completeness, usefulness, compatibility, reliability, accuracy, or any other aspects of the Software in connection with your use.
  2. The Company may change the specifications of the Software or suspend or terminate its provision without giving Users prior notice. You may not seek liability from the Company for damage arising from that change of specifications or suspension or termination of distribution of the Software.
  3. You shall use the Software at your sole responsibility.
  4. The Company will not be liable to compensate you for damage incurred due to using the information or other elements contained in the Software.
  5. In the occurrence of a dispute regarding the use of the Software between you and another User/a third party or you and a telecommunications operator or another person concerned, you shall resolve it at your responsibility. The Company will not assume any responsibility for resolving such an issue.
  6. Notwithstanding the above paragraph, if the Company is obliged to compensate Users for damage arising from the Software, we will not assume liability for loss of profit and indirect, special, incidental, and consequential damage.
  7. If you cause damage to the Company by violating the Terms, the Company may seek damage compensation (including settlement costs and reasonable attorney’s fees) from you.

Article 9. Disclaimer

  1. Neither Party shall assume liability to the other Party for non-fulfillment of its obligations hereunder due to the following events beyond its reasonable control, including the Act of God (such as earthquake, tsunami, flood, typhoon, volcanic explosion, and infective or contagious disease), social incident (such as war, riot, civil war, and act of terror), accident in transportation, labor dispute action (such as strike, lockout, and boycott), establishment, revision, or abolishment of laws and ordinances, order or disposition by public authority, a wide-scale disaster such as fire, blackout, and other similar events.

Article 10. Modifications of Terms

  1. The Company may modify or change any provision of the Terms at our discretion to the extent that it does not violate laws and ordinances.
  2. That change shall be reasonable and appropriate and posted in the predetermined place for a certain period before being applied to Users. It is difficult for us to notify each User of the details of the change in advance. Please check the latest version of the Terms, as appropriate, when using the Software.
  3. If you continue to use the Software after the Terms are modified, you will be deemed to have agreed to that changed Terms.

Article 11. Governing Law and Competent Jurisdiction

  1. The Terms shall be governed by the laws of Japan.
  2. Any dispute between a User and the Company relating to the Terms shall be subject to the exclusive jurisdiction of the Osaka Summary Court or the Osaka District Court for the first instance, depending on the claimed amount.

Article 12. Dispute Resolution

  1. For any matter not provided herein or any doubt about the interpretation hereof, the Company and the User shall promptly consult each other and seek resolution on the principle of good faith and fair dealing.

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Supplemental Provisions

Established on December 1, 2023