Batoner Terms of Use

Ernie inc. (hereinafter, "Ernie") presents these Terms of Use stipulating the conditions for services provided by Ernie (hereinafter, "our services") and the rights and obligations of Ernie and the user in providing our services.

To use our services, the user must read all of these Terms of Use and agree to them.

The definition and meaning of terminology in this Terms of Use are as follows.

• (1) "Terms of Use" is the Terms of Use of our services in the agreement between Ernie and the user.
• (2) "Intellectual property rights" are the copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the acquisition of these rights and the pending registration of such rights).
• (3) "User" is an individual or entity registered as a user of our services in accordance with Article 3 (Registration).
• (4) "Our services" is a service named [Batoner] provided by Ernie. (Also applies if the name or content of the service has been changed for any reason.)

These Terms of Use aim to stipulate the conditions for providing our services and the rights and obligations between Ernie and the user with regard to the use of our services. They apply totally to the relationship between the user and Ernie pertaining to the use of our services.

The rules for using our services published by Ernie on the Ernie website constitute part of these Terms of Use.

If there is any discrepancy between these Terms of Use and the rules mentioned above or in any descriptions of our services, etc., these Terms of Use shall take precedence.

People who want to use our services (hereinafter, "registration aspirants") must agree to these Terms of Use and must provide the information (hereinafter, "registration items") specified by Ernie while following the procedure specified by Ernie. In turn, the person can apply to register to use our services.

Based on Ernie's screening criteria, Ernie shall decide whether to approve the applicant to register (hereinafter, "registration applicant") in accordance with Item 1. If Ernie accepts the registration, it shall notify the registration applicant of the approval. This notification shall complete the registration applicant's registration as a user.

3. Upon completion of the registration specified in the preceding item, the Terms of Use between the user and Ernie shall take effect. The user shall be able to use our services in accordance with these Terms of Use.

If any of the following applies to the registration applicant, Ernie may reject the registration or re-registration and Ernie has no obligation to disclose the reason for the rejection.

• (1) All or part of the registered information provided to Ernie is false, erroneous, or missing.
• (2) The registration applicant is a minor, an adult ward, a person under conservatorship, or a person subject to a limited guardianship and does not have the consent of a legal representative, guardian, or assistant to register.
• (3) Ernie determines that the registration applicant is a member of antisocial forces, etc., (i.e., criminal organization, criminal gangster, right-wing group, antisocial forces, or other similar person) or he or she has a connection with antisocial forces by maintaining, operating, managing, or cooperating with such forces.
• (4) Ernie determines that the registration applicant has violated the agreement with Ernie or has a connection with such a person.
• (5) The registration applicant has been subject to the measures in Article 10.
• (6) Ernie has other reasons to deem the registration applicant to be unsuitable.

If the user has any changes in the registered information, he or she is to follow the procedure specified by Ernie to notify Ernie of the changes without delay.

The user shall be held liable for any damages caused by any delayed notification.

The user shall be responsible for properly managing and keeping the password and user ID used for our services. The user must not allow the password and user ID to be used by any third party. The password and user ID must not be lent, given, or sold to any third party. The ownership of the password and user ID must not be changed.

The user shall be held liable for any damages caused by any careless management of the password or the user ID, mistaken use, or use by a third party.

The fees to be paid by the user for our services shall be stipulated by Ernie on the Ernie website, The fees are to be paid with the payment method specified by Ernie.

If the user is late in paying any fee, the user shall be charged a late payment fee at the rate of 18.25% per year.

When using our services, the user is prohibited from doing any of the following:

• (1) Acts that violate any laws or are related to criminal acts.
• (2) Fraud or extortion of Ernie, other users of our services, or third parties.
• (3) Acts that violate public order and morals.
• (4) Infringement of the intellectual property rights, portrait rights, privacy rights, good reputation, or other rights or interests of Ernie, other users of our services, or third party.
• (5) Using our services to send any of the following (or as deemed by Ernie) to Ernie or other users of our services:
  • ・Information containing any computer viruses or other harmful computer programs.
  • ・Information containing anything that defames the reputation or trust of Ernie, any users of our services, or third party.
  • ・Information containing anything that displeases others.
• (6) Acts that place an excessive load on our services, network, or system.
• (7) Reverse engineering or other analysis of the software or systems provided by Ernie.
• (8) Acts that may obstruct the operation of our services.
• (9) Unauthorized access of Ernie's network or system, etc.
• (10) Impersonation of a third party.
• (11) Using the ID or password of another user of our services.
• (12) Collecting information about users of our services.
• (13) Acts that cause loss, damage, or displeasure to Ernie, other users of our services, or third party.
• (14) Siphoning profits to antisocial forces.
• (15) Acts aiming to meet non-acquaintances of the opposite sex.
• (16) Acts that directly or indirectly induce or facilitate any acts in the items above.
• (17) Attempting any acts in the items above.
• (18) Other acts that Ernie deems inappropriate.

In any of the following cases, Ernie may suspend all or part of our services without advance notice to users:

• (1) Inspection or emergency maintenance is required on the computer or system running our services.
• (2) Our services cannot be operated due to a malfunction of the computer or communication line, improper operation, access overload, unauthorized access, hacking, etc.
• (3) Our services cannot be operated due to force majeure such as an earthquake, lightning, fire, wind or flood damage, power outage, natural disaster, epidemic, etc.
• (4) Other cases where Ernie determines that it is necessary to suspend our services.

All intellectual property rights pertaining to the Ernie website and our services belong to Ernie or to the party who has licensed them to Ernie. Permission to use our services based on these Terms of Use does not extend to the intellectual property rights of the Ernie website, our services, or parties who have licensed it to Ernie.

In any of the following cases, Ernie may temporarily suspend the user from using our services without any advance notice or may cancel the user's registration.

• (1) The user has violated these Terms of Use.
• (2) False information has been found in the user's registration.
• (3) Payments have been suspended or disabled. Or bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings have been started.
• (4) The user has not used our services for over 6 months.
• (5) The user has not responded to Ernie's inquiry or other mandatory request for a response in more than 30 days.
• (6) In Article 3, Item 4 applies.
• (7) In addition, if Ernie deems that it is not appropriate for the user to continue using our services or to be registered or if anything in the preceding item applies, the user must immediately pay the total amount owed to Ernie while losing the option for a later payment deadline.

By the following the procedure specified by Ernie, any user can withdraw from our services and cancel his or her registration.

At the time of the withdrawal, if anything is owed to Ernie, the user must immediately pay the total amount owed to Ernie while losing the option for a later payment deadline.

After the user's withdrawal, the user's information shall be handled in accordance with Article 15.

Ernie can change or terminate our services for whatever reason.

If our services will be terminated, Ernie shall give users advance notice.

Whether or not it is indicated, Ernie makes no guarantee that our services satisfy the user's desired purpose or that the expected features, product value, accuracy, usefulness are provided. Ernie makes no guarantee that using our services suits the laws or industry organization rules applicable to the user. Ernie makes no guarantee that our services can be used perpetually or without any defect.

If the user suffers any damages from our services, Ernie shall not be held liable to pay compensation exceeding the amount the user had paid Ernie during the past one year. Also, Ernie shall not be held liable for any incidental damages, indirect damages, special damages, future damages, or profit loss.

Any transactions, communications, disputes, etc., occurring between a user or third party pertaining to our services or the Ernie website are to be resolved by the user.

Any non-public information that Ernie instructs users to keep confidential must be kept confidential by the user unless written consent is obtained in advance from Ernie.

Ernie shall handle the user's personal information and user information in accordance with the Ernie Privacy Policy. The user is to agree to Ernie handling the user's personal information and user information in accordance with this Privacy Policy.

For statistics maintaining the anonymity of users, Ernie can use and disclose the users' information, data, etc., at Ernie's discretion. Users shall not object to this.

If deemed necessary, Ernie can change these Terms of Use. If these Terms of Use are changed, notification of the change(s) and the effective date shall be provided on the Ernie website and through other suitable methods or the users shall otherwise be notified. For any changes requiring the consent of users as stipulated by law, the users' consent shall be obtained by the method specified by Ernie.

Inquiries regarding our services and other messages or notifications from the user to Ernie and notifications from Ernie to users concerning changes to these Terms of Use or other matters shall be made through methods specified by Ernie.

When Ernie sends a message or notification to the email address or contact information provided in the user's registration, the user shall be assumed to have received the message or notification.

Without written consent from Ernie, the user may not sell, transfer, collateralize, or otherwise dispose of his or her status, rights, or obligations under these Terms of Use to a third party.

If Ernie transfers a business related to our services to another company, Ernie can transfer the status of the Terms of Use, the rights and obligations based on these Terms of Use, and the user's registered information and other customer information to the other company. The user is to agree to this transfer. The business transfer specified in this article shall apply to normal business transfers as well as to corporate splits and other business transfers.

If any articles or part of these Terms of Use are ruled to be invalid or unenforceable by the Consumer Contract Law or any other Japanese laws and regulations, the remaining terms in these Terms of Use shall continue to be valid in full force and effect.

The governing law for these Terms of Use and service agreement shall be Japanese law.

Any disputes related to these Terms of Use or service agreement shall be resolved by the Fukuoka District Court as the exclusive first instance jurisdiction.

[Formulated 2020 August 18]