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Article 1 (About these Terms and Conditions)

These "booost Sustainability Terms of Use" (hereinafter referred to as "these Terms") define the conditions under which you may use "booost Sustainability" (hereinafter referred to as "this Platform") and the various services provided on this Platform (hereinafter, these services individually or collectively referred to as "the Services," and this Platform and the Services collectively referred to as "the Services, etc.") operated by Booost Co., Ltd. (hereinafter referred to as "the Company").

 

Article 2 (About this platform)

1. 1. This platform allows customers to collect, manage, and analyze comprehensive sustainability-related data for themselves and their suppliers, leading to increased corporate value, as well as to implement efficient energy conservation, renewable energy introduction, and energy management aimed at decarbonization. This platform is available only to customers using this service (and for some services, their suppliers).
   2. Our company makes no guarantees regarding data processing speed, quality, or any other aspect of the platform provided. Furthermore, when using products or services provided by other companies or organizations on this platform, customers must comply with the terms of service and agreements of those companies or organizations. If a customer uses this platform in violation of such terms of service or agreements, our company shall not be liable for any consequences arising from such actions.
   3. Our company may add, change, or delete all or part of the content and functions of this platform, and you agree to this in advance.
   4. Even if data processing speed decreases or malfunctions occur due to excessive access or other unforeseen factors, or if the customer suffers damage as a result of the measures taken in the preceding paragraph, we shall not be liable to the customer in any way.
   5. Notwithstanding the provisions of Article 10, Paragraph 1, customers may, with our prior consent, disclose their login information to a third party to whom they outsource their business and allow that third party to use this platform. However, in this case, customers shall be responsible for ensuring that the third party complies with the provisions of these Terms and Conditions, and any violation of these Terms and Conditions by the third party shall be deemed to be the same as a violation by the customer and shall bear all responsibility.

 

ThirdArticle (About this service)

1. 1. For details on the content and functions of this service, please refer to the individual service pages. 
   2. In providing this service, in addition to these Terms and Conditions, the terms of use established by our company for each individual service, the application documents submitted by the customer to our company, the price list and all other explanatory materials provided by our company to the customer (hereinafter collectively referred to as "Explanatory Materials, etc.") shall apply. 
   3. We may add, change, or delete all or part of the content and functions of this service when we deem it necessary, and you agree to this in advance. 
   4. Even if the measures described in the preceding paragraph result in damage to the customer, our company shall not be liable to the customer in any way. 

Article 4 (Use of the Services, etc.)

1. 1. Customers wishing to use this service must select the desired type of service, plan, options, etc., and submit an application using the application form or application sheet provided by our company.
   2. By submitting the application described in the preceding paragraph, the customer is deemed to have agreed to be bound by the contents of these Terms and Conditions and explanatory materials (hereinafter collectively referred to as "these Terms and Conditions"). In the event of any discrepancy between the contents of these Terms and Conditions and the contents of the explanatory materials, or if the customer and the Company reach a written agreement regarding contents different from these Terms and Conditions, the contents of the explanatory materials or the agreement shall prevail.
   3. When our company accepts the application under paragraph 1 and notifies the customer accordingly, a service agreement (hereinafter referred to as "this Agreement") for the use of the Services, etc., in accordance with the contents of these Terms and Conditions, etc., will be established between the customer and our company. Our company will decide whether or not to accept the customer's application at its discretion.
   4. These terms and conditions also apply to free trials or free services.
   5. If your suppliers use this platform as part of or in connection with this service, those suppliers must also comply with these Terms of Service. You are responsible for appropriately supervising your suppliers' use of this platform, including ensuring they comply with these Terms of Service, and you will be jointly and severally liable if your suppliers violate these Terms of Service.
   6. Notwithstanding the provisions of the preceding paragraphs, if you use the Services (including free trials or free services), you will be deemed to have agreed to be bound by these Terms and Conditions.
   7. If any doubts arise regarding the information provided by the customer in connection with the application under paragraph 1, our company may request the customer to provide necessary explanations or submit necessary documents, and in this case, the customer may not refuse unless there is a legitimate reason. 

 

Article 6 (Service Fees, etc.)

1. 1. Customers shall pay to our company the usage fees specified in the separate fee schedule set forth by our company as fees for using this service, etc.
   2. Our company will issue an invoice to the customer by electronic means by the end of the month in which the service period for which the service fees apply begins. The customer shall pay the fees by the end of the following month after receiving the invoice, either by bank transfer or by bank transfer to the bank account designated by our company. Please note that the customer shall bear the bank transfer fees.
   3. The usage fees for this service will be paid annually, starting from the provisioning start date (the date on which we actually begin building the environment for using this service after receiving your application for this service; the same applies hereinafter). (If this agreement is renewed, the usage fee period will be one year from the renewal date.) However, it is possible to adopt a payment method other than annual payment by mutual agreement in writing between us and the customer.
   4. Even if this agreement is terminated within the period covered by the usage fees for this service, the usage fees will not be calculated on a pro-rata basis.
   5. Our company reserves the right to change the contents of the price list by giving customers one month's notice. In this case, the revised prices will be effective from a date separately specified by our company. 

 

Article 7 (Suspension of Service)

1. 1. If a customer delays payment of any amount due to the Company, including the fees for using this service or other monies payable to the Company (including fees for services other than this service), the Company may suspend all or part of the services that it is supposed to provide to the customer under this Agreement.
   2. In the event of the preceding paragraph, we may require the customer to deposit a security deposit (not limited to any amount that is unpaid at that time) or provide other collateral necessary to ensure the customer's performance of their obligations under this Agreement.
   3. Even if the measures taken in paragraph 1 result in damage to the customer, we shall not be liable to the customer in any way.

1. 1. In addition to the service fees, the customer shall bear the costs (such as bank transfer fees) necessary for concluding this agreement and fulfilling the customer's obligations.
   2. In addition to the provisions of the preceding paragraph, if any expenses arise in connection with the provision of the Services by our company, the burden of such expenses shall be determined through discussions between the customer and our company.
   3. If a customer fails to pay the service fees or other amounts due to the Company on the due date, the Company may charge the customer late payment penalties at an annual rate of 14.6% from the day following the due date until full payment is made.

 

Article 9 (Provision of necessary information)

Customers shall provide any information necessary for us to provide the services, etc., upon our request.

 

Article 10 (Management of Login Information, etc.)

1. 1. When using this platform, customers must manage and use their own URLs and login information (including API connection information; hereinafter the same) appropriately at their own responsibility, and must not disclose such information to third parties or allow third parties to use this platform.
   2. If a customer's URL, login information, or other details are disclosed to a third party, or if there is a risk of such disclosure, and if there is a risk of unauthorized use of this platform by such third party, the customer shall immediately report this to the Company.
   3. If we incur or exacerbate damages as a result of a customer's breach of the obligations in the preceding two paragraphs, we may claim compensation from the customer for such damages.
   4. Even if your URL and login information are used by a third party other than you, we may consider such use to be yours, and we will not be liable for any damages incurred by you as a result.
   5. If we suspect unauthorized use of this platform, we may, without prior notice to the user, disable the user's login to the platform, and the user acknowledges this in advance.

 

Article 11 (Handling of Network Communications)

1. 1. While this platform employs SSL encryption technology to enhance security, various electronic data transmitted and received using this platform may pass through various networks and devices beyond our control during transmission. Customers understand that, for the reasons mentioned above, they may not be able to use this platform properly in some cases, that unintended third-party operations may occur, and that this platform does not guarantee reliable communication. Therefore, customers agree to use this platform with this understanding.
   2. If you incur any damages as a result of using this platform outside of the environment or conditions specified by our company, we will not be liable to you in any way.

 

Article 12 (Data Storage, etc.)

1. 1. All data provided by customers to our company when using this platform will be stored and accumulated on external servers used by our company (hereinafter referred to as "the Server"). Our company may, when deemed necessary, change the Server and update and modify the infrastructure including the Server. However, if changes to the Server, etc., significantly affect the content, level, etc., of the services provided by our company, we will notify customers of the changes in advance.
   2. The customer represents and warrants to the Company that they have the right to use the data described in the preceding paragraph, or to allow the Company to use it pursuant to this Agreement, and that the use of such data does not violate any laws or contracts binding on the customer.
   3. You are responsible for taking backup and other preservation measures for any data provided to us in connection with your use of this platform, as well as any data stored and accumulated on this server. We may back up data for the purpose of preventing platform failures, but this does not mean that we are obligated to restore the backed-up data to you or to perform any other obligations.
   4. If all or part of the data stored on this server is lost or damaged due to reasons attributable to our company, you may request that we recover such data to the greatest extent possible. However, even if we are unable to recover all or part of the data despite our recovery efforts, we shall not be held liable in any way. Furthermore, we will only perform recovery work under this clause if you notify us in writing within 7 days from the date you become aware of the loss or damage of such data.
   5. Regardless of the reason, if this agreement is terminated, we may delete all of your data remaining on the server without notifying you, and you agree to this in advance.

 

Article 13 (Response in the event of a failure)

1. 1. If a customer discovers any malfunction or failure (hereinafter referred to as "failure, etc.") in connection with the use of this platform, the customer shall promptly notify the Company of such malfunction or failure.
   2. In the event of a malfunction or other issue on this platform, the customer shall follow our instructions, perform the necessary tasks, and cooperate with our troubleshooting and related work.
   3. Even if a malfunction or other issue occurs on this platform and causes damage to the customer or a third party, we will not be held liable unless it is due to reasons attributable to our company.

 

Article 14 (Temporary Suspension of this Platform, etc.)

1. 1. If any of the following events occur with respect to a customer, our company may, without prior notice, suspend the customer's use of all or part of this platform and the provision of this service.
      (1) When we determine that the customer has violated or is likely to violate these Terms and Conditions.
      (2) When the customer places a significant load or disruption on the platform, which the Company determines will affect or may affect the Company's provision of the Services.
      (3) When we determine that the customer's use of this platform is otherwise inappropriate.
   2. Our company may, without prior notice to the customer, suspend the use of all or part of this platform and the provision of this service if any of the following events occur.
      (1) When performing regular or emergency maintenance or repairs on the hardware, software, communication equipment, systems, etc. (hereinafter collectively referred to as "systems, etc.") used to provide this platform.
      (2) When a failure occurs in all or part of the system, etc., due to reasons not attributable to our company (including cases where the cause of the failure is unknown).
      (3) When the platform is subjected to an excessive load or malfunction, making it difficult to provide normal services, or when we determine that it is difficult to do so.
      (4) When we determine that continuing to provide the Platform may result in any damage to you or a third party, such as data tampering or hacking related to the use of the Platform.
      (5) When the provision of this platform becomes difficult due to the suspension of telecommunications services by telecommunications carriers or domestic and international telecommunications entities, power supply services by power companies or other public services, or the provision of external cloud systems.
      (6) When we determine that it is necessary to suspend or immediately terminate the provision of this platform for any other reason.
   3. Our company shall not be liable for any damages incurred by the customer or a third party as a result of the measures described in the preceding two paragraphs.

 

Article 15 (Prohibited acts)

1. 1. When using this platform, customers shall not engage in the following actions:
      (1) Actions that violate these Terms and Conditions
      (2) Any act of copying, modifying, editing, deleting, combining with other programs, reverse engineering, disassembling, decompiling, or creating a mirror site for all or part of the Services, etc.
      (3) Sending viruses or other harmful programs to the platform to overload the service, or making the platform capable of receiving such harmful programs.
      (4) Acts prohibited by laws and regulations or acts that are contrary to public order and morals
      (5) Any act that may interfere with the provision of this service, etc.
      (6) Any act of unauthorized access to or attempting to access our network or systems.
      (7) Copying, distributing, lending, disclosing to third parties, leasing, and pawning URLs of our sites, login information, etc.
      (8) Creating or publishing derivative or similar services of this service without our permission.
      (9) Phishing activities impersonating our site, another customer's site, or a third party's site.
      (10) Sending large amounts of information using the communication services on this platform, sending emails etc. indiscriminately to unspecified persons against their will, or distributing emails etc. to recipients that have not been approved in advance.
      (11) Actions that circumvent technological protection measures that protect copyright in programs, etc. (This refers to actions that remove or modify signals used in technological protection measures.)
      (12) Any act that directly or indirectly causes or facilitates any of the acts described in the preceding paragraphs.
      (13) Any other conduct that we deem inappropriate
   2. If a customer violates any of the provisions of the preceding paragraph, the customer shall immediately pay to the Company, in accordance with the method prescribed by the Company, a penalty equivalent to 36 months' worth of the total monthly usage fees for the Services, etc., up to that point in time. This provision regarding the penalty shall not preclude the Company from making any other claims for damages against the customer.
   3. Even after the termination of this Agreement, the Customer shall not engage in any of the acts listed in paragraphs 2, 3, 5, 6, 8, 9, 11, and 12 of Article 1, and if it is discovered that the Customer has engaged in any of these acts, the provisions of the preceding paragraph shall apply mutatis mutandis. In this case, the phrase "an amount equivalent to 36 months of the total monthly usage fees for the Services, etc. at that time" in the preceding paragraph shall be read as "an amount equivalent to 36 months of the total monthly usage fees for the Services, etc. for the month preceding the month in which this Agreement terminates."

 

Article 16 (Ownership of Intellectual Property Rights)

1. 1. All rights, including copyrights and other intellectual property rights, relating to all programs and software constituting this platform, as well as data created by the customer using this platform, belong to our company. Our company grants the customer permission to use these within the scope of the purpose of this agreement, but only for the duration that this agreement remains in effect.
   2. Notwithstanding the preceding paragraph, all rights to the numerical data entered by the customer on this platform and the numerical data output on this platform as a result of entering such numerical data (hereinafter referred to as "Customer Input Data, etc.") belong to the customer, and we will handle such data only to the extent permitted by the purpose of this agreement and these terms and conditions.

 

Article 17 (Confidentiality)

1. 1. Both the customer and our company agree to treat as confidential all business information (including the existence and contents of this agreement) provided to or obtained from the other party in connection with the conclusion of this agreement and the use of this platform, etc., and neither party shall disclose or leak such confidential information to any third party (excluding legal professionals such as lawyers, certified public accountants, and tax accountants who are bound by legal confidentiality obligations) without the other party's prior written consent, nor shall they use such information for any purpose other than the performance of this agreement. However, the following information shall not be considered confidential: 
      (1) Information that you already possessed at the time you received or became aware of it, without any obligation of confidentiality to the other party. 
      (2) Information that was already publicly known at the time it was received or became known. 
      (3) Information that, after being received or becoming aware of, becomes publicly known through no fault of one's own. 
      (4) Information lawfully obtained from a third party with legitimate authority. 
      (5) Information that was independently developed or acquired without relying on information received or obtained. 
   2. Notwithstanding the provisions of the preceding paragraph, neither the customer nor our company may, if requested by a court, government, or other administrative agency to disclose confidential information pursuant to laws and regulations, comply with such request without the other party's consent. However, in such cases, both parties shall, to the greatest extent possible, notify the other party in advance of the basis for the disclosure request, the scope and content of the disclosure, and if there are unavoidable circumstances that prevent prior notification, they shall notify the other party of that fact as soon as possible afterward. 
   3. Both the customer and our company shall promptly return, destroy, or delete any confidential information upon termination of this agreement or upon request from the other party. 
   4. If either the customer or our company discloses the confidential information set forth in Paragraph 1 to a third party (excluding professionals who are legally bound by confidentiality obligations as set forth in Paragraph 1) with the other party's prior written consent, the customer and our company shall impose on such third party confidentiality obligations equivalent to or greater than those imposed on themselves under this agreement, and if such third party violates the provisions of Paragraph 1, the customer shall be deemed to have violated the provisions of Paragraph 1 and shall bear all responsibility for such violation. 
   5. Even if this Agreement is terminated, the provisions of this Article shall remain in effect. 

 

Article 18 (Handling of Personal Information)

1. 1. When using this service, customers shall take responsibility for the handling of personal information contained in the data they provide to the Company, as a personal information handling business operator as defined in the Personal Information Protection Act, and shall guarantee to the Company that they have followed the necessary procedures in accordance with the Personal Information Protection Act and other laws and regulations when using such personal information in this service.
   2. We will handle personal information provided by customers in accordance with our Privacy Policy, to the extent necessary for the performance of this agreement and to the extent set forth in our Privacy Policy (including the creation of statistical information after processing it into a form that does not identify or specify individuals).
      Privacy Policy:https://staging.booost-tech.com/privacy
   3. In the event of a dispute regarding the handling of personal information, unless the dispute is due to reasons attributable to our company, the customer shall be responsible for resolving it.

 

Article 19 (Use of customer information and usage data)

1. 1. We may use the customer information (including, but not limited to, information about attributes, usage information, customer input data, requests related to the services provided, etc.) that you provide to us or that we collect when you use our services, etc., for the following purposes.
      (1) To use the information to improve the quality of the services we provide or intend to provide, including this service, to inform customers about these services, and to provide information about various services, events, seminars, etc. related to this service.
      (2) Use of customer information and related data in the development, improvement, support and operation of our products and services.
      (3) Using and disclosing such information as statistical information or in a form that does not identify specific individuals, such as aggregating, classifying, analyzing, or otherwise processing the activities of multiple customers based on attribute information, and providing advice and consulting services based on the results of such processing.
   2. We may collect information about your use of the Services, etc., or request that you provide feedback regarding the Services, etc. You agree that we may use this usage information or feedback for the purposes described in the preceding paragraphs, regardless of whether or not this agreement is in effect.
   3. Notwithstanding the provisions of Article 17, our company may disclose or make public your information (excluding customer input data, etc.) to a third party in the following cases:
      (1) When using customer information for the purposes specified in each item of paragraph 1 and the preceding paragraph.
      (2) When requested in accordance with laws and regulations (including requests made by means of an inquiry form related to an investigation), when required by legal procedures, or when deemed necessary to protect the rights of our company, other customers, or third parties.
      (3) When we disclose or introduce you as a company that has adopted the Services, etc., in the materials etc. described in the following items. In this case, you grant us permission to use your logo and trademarks etc. to the extent necessary for the above disclosure or introduction. However, if you give us instructions regarding the content of the disclosure or the method of displaying the logo, we will follow those instructions.

①Sales materials
② Exhibition booth at a trade show
③ Seminar
④ Our website
⑤ Interviews with the media
⑥ Our press release
⑦ Other public or public venues similar to those in the preceding paragraphs.

 

Article 20 (Linked Services)

1. 1. If an API integration service is provided, the customer shall use the service at their own discretion and shall be solely responsible for all consequences arising from the use of the service. Furthermore, we shall not be liable for any changes, disclosures, or deletions of data resulting from the use of the API integration service.
   2. We reserve the right to change the content of our API integration service, or to suspend or terminate its provision, at our discretion. However, if we suspend or terminate the provision of the API integration service, we will notify our customers in advance.
   3. Our company shall not be liable for any damages incurred by the customer as a result of the measures described in the preceding paragraph.

 

Article 21 (Termination of this Agreement)

1. 1. Both the customer and our company may immediately terminate this agreement in whole or in part without prior notice if the other party falls under any of the following categories:
      (1) If a party violates these Terms and Conditions and fails to rectify the violation despite being requested to do so within a reasonable period of time,
      (2) When one party engages in conduct that damages the other party's reputation, honor, or relationship of mutual trust.
      (3) When a petition is filed for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or other insolvency proceedings (including private arrangement proceedings)
      (4) When there is an attachment, provisional attachment, provisional disposition, application for auction, delinquent tax collection, or other similar procedure.
      (5) When the company becomes unable to pay its debts or becomes insolvent
      (6) When a bill of exchange or check is dishonored or an electronically recorded claim becomes unpayable
      (7) When a company has merged, dissolved, liquidated, transferred all of its business, or transferred any other significant part of its business, or has attempted to do so.
      (8) When the company or its officers lose social credibility due to criminal charges or other reasons.
      (9) When the business is revoked or suspended by the relevant government agency.
      (10) If the other party makes false reports or provides false information to the other party regarding matters relating to this Agreement
      (11) When any other reason similar to the preceding items arises that makes it difficult to continue this Agreement.
   2. Even if this agreement is terminated pursuant to the preceding paragraph, this shall not preclude any claim for damages against the other party.
   3. If any of the events specified in paragraph 1 occur to the customer, the customer shall automatically lose the benefit of the term with respect to all obligations owed to the Company under this Agreement, without any notice whatsoever.

 

Article 22 (Termination)

1. 1. You may terminate this agreement by mutual agreement with us, or by giving us three months' notice in writing or by electronic means.
   2. If this agreement is terminated prematurely for reasons not attributable to our company (including termination by mutual agreement), we will not refund any service fees already received.
   3. Notwithstanding the provisions of paragraph 1, in the first year of the contract, the customer may terminate this contract in accordance with the provisions of paragraph 1 only if they have paid the full amount of the usage fees for the services, etc., for the contract period of the first year of the contract.

 

Article 23 (Exclusion of Anti-Social Forces)

1. 1. The customer and our company represent and warrant to each other, both now and in the future, the following matters:
      (1) The company itself (including officers and employees, hereinafter the same applies in this Article) is not a yakuza, a company affiliated with a yakuza, a corporate racketeer, or any person or member of a similar organization (hereinafter collectively referred to as "anti-social forces").
      (2) Not belonging to an organization that has been subject to sanctions under the "Act on Regulation of Organizations that Commit Indiscriminate Mass Murder" (Act No. 147 of 1999).
      (3) Not a person who is concealing or receiving criminal proceeds as defined in the "Act on Punishment of Organized Crimes and Regulation of Criminal Proceeds" (Act No. 136 of 1999), or a person suspected of doing so.
      (4) Not having any direct or indirect transactions with any of the persons specified in the preceding three paragraphs.
      (5) No part of the benefits or effects of this Agreement shall belong, directly or indirectly, to any person falling under items (1) through (3).
      (6) Not to do the following acts, either by oneself or through a third party.
      ① Acts of fraud, violence, or the use of threatening language against the other party.
      ② Actions that damage or are likely to damage the reputation or credibility of the other party.
      ③ Actions that obstruct the business of the other party or damage their reputation by using deception or intimidation.
      ④ The act of stating that someone is an anti-social force (referring to a person falling under items 1 to 3), or stating that someone related to you is an anti-social force.
   2. If either the customer or our company finds that the other party falls under any of the items in the preceding paragraph, they may terminate this agreement in whole or in part without prior notice.
   3. Neither the customer nor our company shall be liable to the other party for any damages whatsoever in the event that either party terminates this agreement in whole or in part pursuant to the provisions of the preceding paragraph.

1. 1. If a customer makes any decisions based on the research results, proposals, or other deliverables received from us in connection with this service, the customer shall do so at their own responsibility and discretion.
   2. Our company assumes no responsibility for any damages incurred by customers due to reasons beyond our control, such as changes in the price of environmental value, market transaction rates, market conditions, changes in market regulations, or natural disasters.
   3. In the event that we cause damage to a customer due to reasons attributable to us in connection with the provision of this service, we will only compensate for ordinary and direct damages, and will not be liable for damages arising from special circumstances or lost profits.
   4. In cases where our company is liable to the customer for damages pursuant to the preceding paragraph, the amount of damages shall be limited to the total amount of service fees paid by the customer to our company during the one-year period ending on the date of our company's breach or other cause of the breach, regardless of the basis or cause of such liability.
   5. If a dispute arises between you and a third party as a result of your use of this service, you shall resolve the dispute at your own responsibility and expense, and shall not cause any inconvenience to our company. However, this shall not apply if there are reasons attributable to our company.

 

Article 25 (Contract Period)

The term of this agreement is one year from the provisioning commencement date. However, unless either party indicates otherwise at least three months prior to the expiration date of this agreement, this agreement will be automatically renewed for one year under the same terms and conditions, and the same shall apply thereafter.

 

Article 26 (Assignment of Rights and Obligations, etc.)

1. 1. You may not assign, transfer, assign, pledge, or otherwise dispose of any rights or obligations arising from this Agreement to any third party without our prior written consent (stamped with our official seal).
   2. If our company transfers the business related to this service to another company, we may transfer our position under this agreement, our rights and obligations under this agreement, and your registration information and other customer information to the transferee of the business transfer, and you agree to such transfer in advance. The business transfer stipulated in this paragraph includes not only ordinary business transfers but also company splits and all other cases in which the business is transferred to a third party. 

 

Article 27 (Changes to the contents of the notification)

1. 1. If there are any changes to the information you have provided to us (such as company name, representative, address, person in charge, contact information, etc.), you shall promptly notify us of the changes using the method prescribed by us.
   2. If, due to the customer's failure to submit the notification described in the preceding paragraph, communications or notices from our company to the customer do not reach the customer, such communications or notices will be deemed to have reached the customer at the time they would have arrived if the notification had been properly submitted.
   3. Even if the customer suffers damage or disadvantage as a result of their failure to submit the notification described in paragraph 1, we shall not be held liable in any way.

 

Article 28 (Force majeure)

Our company shall not be liable for any breach of contract under this agreement due to force majeure events such as natural disasters, typhoons, earthquakes, power outages, fires, labor disputes, riots, infectious diseases, defaults of business partners, changes in laws and regulations, laws, ordinances, rules, notices, administrative guidance or other instructions from the government, relevant ministries or local authorities, transportation problems, or any other matters beyond our reasonable control.

 

Article 29 (Compliance with Laws and Regulations)

Customers (including related partner companies and organizations) shall, at their own responsibility, confirm and comply with laws and regulations applicable to their business activities (including the Act on Promotion of Global Warming Countermeasures, the Act on Rationalization of Energy Use and Transition to Non-Fossil Energy, prefectural and municipal ordinances, etc., as well as laws and regulations of each country applicable to overseas business activities), guidelines, rules of relevant parties (including the trading rules and detailed rules of trading established by the Japan Electric Power Exchange (JEPX)), systems, international law and international initiatives, and various initiatives led by international organizations, non-governmental organizations or private organizations (including financial institutions, etc.).

 

Article 30 (Severability)

Even if any part of these Terms and Conditions or any provision relating to the Services is deemed illegal or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

 

Article 31 (Amendment of the Regulations)

1. 1. Our company may change the content of these Terms and Conditions or the provisions relating to the Services, etc., without obtaining your consent if any of the following conditions apply. In this case, you shall abide by the revised content, and the revised Terms and Conditions shall become the content of this Agreement.
      (1) When we determine that the changes to these Terms and Conditions are in the general interest of our customers.
      (2) When we determine that the changes to these Terms and Conditions do not contradict the purpose for which this Agreement was entered into, and are reasonable in light of the necessity of the changes, the appropriateness of the changed content, and other circumstances related to the changes.
   2. When we make the changes described in the preceding paragraph, we will determine the effective date and promptly notify or inform customers of the content of the revised Terms and Conditions and the effective date by using the internet or other methods designated by us. However, in the case of changes made under item 1 of the preceding paragraph, we may provide such notification or inform customers as soon as possible after the changes to the Terms and Conditions.

 

Article 32 (Agenda matters)

If any doubt arises regarding the content of these Terms and Conditions or the provisions concerning the Services, or any matters not stipulated herein, the customer and our company shall consult in good faith and endeavor to resolve the matter amicably.

 

Article 33 (Jurisdictional Court)

Any lawsuits or other legal proceedings related to this agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

 

 

Supplementary Provisions

(Effective date)These revised regulations will come into effect on August 20, 2025.