Digital ID App “TRUSTDOCK”

Chapter 1  General Provisions

Article 1 (Purpose)

1. This Terms of Use provides for the rights and obligations of TRUSTDOCK Inc. (the "Company") and the Users (to be defined in Article 2) and the terms and conditions of the use by Users of the Services (to be defined in Article 2) when the Users use the digital ID app provided by TRUSTDOCK Inc. Chapter 1 (General Provisions), Chapter 2 (Identity Verification Support Services) and Chapter 4 (General Rules) of the TERMS OF USE will apply if the Users use the identity verification support services of the Services, and Chapter 1 (General Provisions), Chapter 3 (Retention and Use Services) and Chapter 4 (General Rules) will apply if the Users use the retention and use services.
2. When using the Services, the Users shall agree to all the provisions of Chapter 1, Chapter 2 and Chapter 4 if the Users use the identity verification support services, and the Users shall agree to all the provisions of Chapter 1, Chapter 3 and Chapter 4 if the Users use the retention and use services. If the Users do not agree to all or part of relevant provisions for the services they intend to use, the Users may not use the Services.

Article 2 (Definition)

Definitions of the terms in the TERMS OF USE are as follows:

Article 3 (Coverage)

1. The TERMS OF USE will apply to the Company and the Users regarding the use of the App and the Services.
2. If the Company posts individual provisions or additional provisions on the App or the Services, such provisions will constitute a part of the TERMS OF USE, and such provisions will prevail and control to the extent that they are in conflict with the TERMS OF USE.

Article 4 (License for the App Use)

The Company grants the Users a non-exclusive license for downloading the App to the Users' information terminals such as Smartphone and using it under the terms and conditions stipulated in the TERMS OF USE.

Article 5 (Scope of the App Use)

1. The Users may use the App only for the purpose of Identity Verification when using the services of the Outsourcers or the Partners and shall not use it for other purposes such as its sale, distribution, research, and development.
2. The Users shall use the App and the Services in the same status as they are provided and shall not reproduce, correct, change, alter or make an adaptation of the App and the Services.
3. The Users shall not reproduce, analyze, correct, change, alter, or make an adaptation of all or part of the App the use of which the Company grants the Users license for.

Article 6 (Licensed Term of the App Use)

1. The licensed term for using the App commences when the Applicants obtain the App by completing its installation through App Store or Google Play. However, their completing such installation does not mean that the Service Agreement is concluded between the Company and the Applicants.
2. The licensed term for using the App continues until the Users uninstall the App or the Company terminates the Service Agreement.

Chapter 2  Identity Verification Support Services

Article 7 (Commencement Procedures for Identity Verification Support Services)

1. The Applicants who wish to use the Identity Verification Support Services should agree to the TERMS OF USE as stipulated in Article 1 and apply for the commencement of the use in accordance with the guidance on the App. The Applicants who apply for the commencement of the use of the Identity Verification Support Services shall be deemed to have agreed to the TERMS OF USE and terms, etc. related to it that are applicable, without amending them, as stipulated in Article 1, thereby concluding the Service Agreement with the Company.
2. The Company may refuse applications for the commencement of the use of the Identity Verification Support Services if the Applicants fall under any one of the following items. Even after approving the commencement of the use, the Company may terminate the Service Agreement if the Applicants fall under any one of the following items:
   1. if the Users provide false information (ex. using other person's name or fictitious name, or falsifying facts) in applying for the commencement of the use, regardless of being intentional or grossly negligent;
   2. if the Users apply for the commencement of the use by ways other than the way designated by the Company;
   3. if the Users violated the TERMS OF USE, other terms of use, etc. stipulated by the Company in the past and as a result the Service Agreement for the Users was terminated;
   4. if the Users are found to be gangs, gang members, quasi-member of a gang, soukaiya, blackmailers camouflaged as social movement activists, special intelligent violent groups, or any other anti-social forces equivalent to these ("Anti-Social Forces"); or
   5. if the Company finds it inappropriate to continue the Service Agreement

Article 8 (Use of Identity Verification Support Services)

1. When the Users use the Identity Verification Support Services, the Company shall notify the Users of the name of the Outsourcers, information to be provided, and matters to keep in mind and obtain the consent of the Users before and whenever the Company uses Identification Documents for such services as sending Identification Documents of the Users and image information of their appearance.
2. When using the Identity Verification Support Services, the Users shall agree to and abide by terms and conditions, etc. of the Outsourcers that are applicable to the use of their services.
3. Regarding the result of Identity Verification by the Outsourcers, the Users shall check it with the Outsourcers and may not check it with the Company.
4. When requested by the Outsourcers, the Company shall delete data of Identification Documents which was used for Identity Verification services stipulated in paragraph 1 and are retained in the server of the Services.

Chapter 3  Retention and Use Services

Article 9 (Commencement Procedures for Retention and Use Services)

1. The Applicants who wish to use the Retention and Use Services shall agree to the TERMS OF USE as stipulated in Article 1 and apply for the commencement of the use in accordance with the guidance on the App. The Applicants who apply for the commencement of the use of the Retention and Use Services shall be deemed to have agreed to the TERMS OF USE and terms, etc. related to it that are applicable, without amending them, as stipulated in Article 1.
2. As to the commencement of use of the Retention and Use Services, the Company may decide whether to approve such use or not upon the receipt of the application in the preceding paragraph. The moment the Company approves such application, the Service Agreement will be deemed to be concluded between the Company and the Users.
3. The Company may refuse applications for the commencement of the use if the Applicants fall under any one of the following items. Even after approving the commencement of the use, the Company may terminate the Service Agreement if the Applicants fall under any one of the following items:
   1. if the Users provide false information (ex. using other person's name or fictitious name, or falsifying facts) in applying for the commencement of the use, regardless of being intentional or grossly negligent;
   2. if the Users apply for the commencement of the use by ways other than the way designated by the Company;
   3. if the Users violated the TERMS OF USE, other terms of use, etc. stipulated by the Company in the past and as a result the Service Agreement for the Users was terminated;
   4. if the Users are found to be gangs, gang members, quasi-member of a gang, soukaiya, blackmailers camouflaged as social movement activists, special intelligent violent groups, or any other anti-social forces equivalent to these ("Anti-Social Forces"); or
   5. if the Company finds it inappropriate to continue the Service Agreement.

Article 10 (Use of Retention and Use Services)

1. When the Users use the Retention and Use Services, the Company shall notify the Users of the name of the Outsourcers, information to be provided, and matters to keep in mind and obtain the consent of the Users before and whenever the Company provides the Registered Information to the Partners.
2. When using the Retention and Use Services, the Users shall agree to and abide by terms and conditions, etc. of the Partners that are applicable to the use of their services.

Chapter 4  General Rules

Article 11 (Termination of the Services)

1. The Users may terminate the Service Agreement by uninstalling the App. Such a termination will be immediately effective, thereby making the Services no longer available to the Users and enabling the Company to delete any or all of information including the Registered Information.
2. In the case of the preceding paragraph, the Company will not be liable for any damage to the Users or a third party caused by the termination.
3. The Company may continue to retain a part of data provided for Identity Verification by the Users who have terminated the Service Agreement so that the Company and the Outsourcers or the Partners abide by retention obligations in accordance with laws and regulations. In such a case, the retained data will not be provided to a third party anew.
4. If the Users wish to use the Services again after the termination, they need to implement the procedures for the commencement of the use again. The Users agree and accept that the data retained by the Company before the termination will not be available even if the Users commence the use of the Services again.

Article 12 (Obligations of the Users)

1. The Users shall voluntarily provide the Company with the Registered Information on their own responsibilities. If there arises any change to the Registered Information, the Users of the Retention and Use Services shall promptly notify the Company of it.
2. If the Services are used with the Registered Information, the Company may regard such use as the use by the Users who implemented the procedures for the commencement of the use, and the Users shall be responsible for any consequences of such use.
3. If the Registered Information is unlawfully used and the Company or a third party incurs damage due to such use, the Users shall compensate the Company and the third party for the damages.
4. The Users shall keep the Registered Information updated on their own responsibilities in accordance with paragraph 1, and the Company will not be liable for any disadvantage or damage to the Users due to the Registered Information being inaccurate or false.
5. If it is found that the Registered Information is being fraudulently used or used by a third party, the Users shall immediately notify the Company of it and follow the instructions of the Company.

Article 13 (Handling of Personal Information)

1. In using the Services, the Users agree that the Users provide the Company with Personal Information designated by the Company.
2. The Company shall properly handle the Personal Information and Registered Information of the Users in accordance with "On Handling of Personal Information" separately stipulated by the Company.

Article 14 (Prohibition)

1. The Company prohibits the Users from conducting the following acts regarding the use of the Services.  If the Company finds that the Users breach this prohibition, the Company may suspend the use of the Services by the Users, terminate the Service Agreement or any other measures deemed necessary by the Company.
   1. Acts in breach of the TERMS OF USE
   2. To use other person's name or fictitious name, or falsifying facts
   3. Acts of transferring, selling, pledging the App, or letting a third party use the App
   4. To violate intellectual property rights of the Company or a third party
   5. To defame, damage the credibility of, or unjustly discriminate, libel or slander the Company or a third party
   6. Acts to infringe or threaten to infringe upon properties of the Company or a third party
   7. Acts to inflict any economic damage to the Company or a third party
   8. Threatening acts against the Company or a third party
   9. Acts against the public policy
   10. To grant benefits to anti-social forces, etc.
   11. Acts to use or induce the use of computer virus or harmful programs
   12. To put excessive stress on the infrastructure for the Services
   13. To attack the server or system for the Services
   14. To try to access the Services by means other than the interface provided by the Company
   15. To apply again for the commencement of the use of the Services when the Service Agreement has been already concluded and is valid
   16. Other acts judged to be inappropriate by the Company
2. In addition to the case of the preceding paragraph, the Company may suspend, at its discretion, any part or all of the use of the Services by the Users in any one of the following cases:
   1. if it is judged that the suspension is necessary for operating, maintaining, and managing the Services
   2. if the Users are adult wards, persons under curatorship, or persons under assistance and uses the Services without the consent of adult guardian, curator, or assistant, etc.
   3. if decisions for the commencement of guardianship, curatorship or assistance are made for the Users
   4. if the Company judges that there exist other grounds equivalent to the preceding items
3. If the Company suspends the use of the Services by the Users in accordance with the preceding paragraph and demands that the Users cure the grounds for the suspension, the Company may terminate the Service Agreement and delete the information related to the Users by notifying the Users in a manner designated by the Company, provided that such grounds are not cured.
4. If the Users have made multiple user registrations and the use of the Services is suspended or terminated regarding one of the registrations in accordance with paragraph 1, the Company may immediately suspend the use and terminate the Service Agreement regarding all the registrations of the Services which the Company judges to be of the said Users.
5. Even if the use of the Services is suspended and terminated, the Users will be obliged to make the payment for the Services corresponding to the term until the termination.
6. Even after the termination of the Service Agreement, the Users shall implement all the obligations (including, but not limited to, obligations to pay damages) arising out of or in connection with the Users' acts to the Outsourcers and the Partners during the term of the Services.
7. The Company will not be liable for the damage incurred by the Users or a third party due to the termination and attendant acts in accordance with this Article.

Article 15 (Disclaimer)

1. The Company will not be liable for any damage caused by modifying, suspending, or terminating the App or the Services.
2. The Company will not be involved with or responsible for the Users' operating environment for the Appr or the Services.
3. The Company gives no guarantee whatsoever that the App or the Services are suitable for the specific purposes of the Users, have the expected function, product value, precision or usefulness, or will not cause any problems in the course of the use of the Services by the Users.
4. The Company does not guarantee that the App and the Services are compatible with any information terminals, and the Users approve and accept in advance that there is a possibility that the App or the Services will undergo the problems for operation or use due to the upgrade, etc. of OS of the information terminals used for the App or the Services. The Company does not guarantee that such problems would be solved by the Company correcting the programs.
5. The Users approve and accept in advance that there is a possibility that a part or all of the App or the Services cannot be used if the Users do not allow the use of the functions on the Users' terminals (including the use of camera, push notifications, and biometric authentication functions).
6. The Users approve and accept in advance that there is a possibility that a part or all of the use of the App or the Services will be limited due to the change of the terms of use, the operation policy, etc of App Store or Google Play.
7. The Company will not be liable for the direct or indirect damage to the Users due to their use of the Services.
8. The Company will not be liable for the loss of opportunity, the interruption of business or any other damage (including, but not limited to, indirect damage and loss of benefits) on the part of the Users or a third party (including, but not limited to, the Outsourcers and the Partners.; the same will hereinafter apply in this Article) even if the Company is notified of a possibility of such damage in advance.
9. The provisions of the preceding paragraphs will not apply if there is willful intent or gross negligence on the part of the Company or if the Service Agreement falls under the category of a consumer contract in the Consumer Contract Act of Japan.
10. Even if the preceding paragraph applies, the Company will not be liable for damages caused by negligence (excluding gross negligence) under special circumstances.
11. The Services are to support the Users in providing information necessary for Identity Verification and the services of the Outsourcers and the Partners are provided directly to the Users by the Outsourcers and the Partners. The Company will not be responsible for any dispute or troubles between the Users and a third party. Such troubles will be solved between the Users and a third party on their own responsibilities and they shall not make any claims to the Company.
12. If any dispute arises between the Users and a third party, the Users shall pay the damages for it or solve such dispute at their own expenses and responsibilities and shall hold the Company harmless.
13. If a third party makes claims of damages, etc. against the Company on the grounds of the Users' acts, the Users shall solve such claims at their own expenses (including, but not limited to, attorney fees) and responsibilities. If the Company pays the damages to the third party, the Users shall pay to the Company all the expenses including the damages (including, but not limited to, attorney fees and loss of benefits).
14. If the Users inflict damage upon the Company in connection with the use of the Services, the Users shall pay to the Company the damages (including, but not limited to, legal fees and attorney fees) at their own expenses and responsibilities.

Article 16 (Ban on Transfer of Rights)

1. The Users shall not assign any part or all of the status or the rights or obligations under the TERMS OF USE to a third party.
2. The Company may assign any part or all of the business of the Services to a third party at its discretion, and the Users agree and accept in advance that in such case, all the rights of the Users concerning the Services (including the Users' account) will be transferred to the third party to the extent of the assigned rights.

Article 17 (Exclusion of Anti-Social Forces)

The Company prohibits Anti-Social Forces from using the App and the Services. If the Company judges that the Users fall under the category of Anti-Social Forces, the Company may suspend the Services and terminate the Service Agreement without prior notification to the Users. The Company will not be liable for the damage or disadvantage to the Users caused by the suspension or termination.

第18条 (規約の変更)

1. The Company may amend the TERMS OF USE in the following cases:
   
   1. if the amendment to the TERMS OF USE conforms to the general interest of the Users
   2. if the amendment to the TERMS OF USE does not run afoul of the purpose of the Service Agreement, and it is reasonable in light of the circumstances concerning the amendment such as the necessity of the amendment, the appropriateness of the details of the amended conditions
2. In amending the TERMS OF USE in accordance with the preceding paragraph, the Company shall post the intention to amend the TERMS OF USE, the details of the amended TERMS OF USE, and the time when the amendment takes place on the Company's website (URL：https://biz.trustdock.io/en/terms/identity/) or make them known to the Users by fourteen (14) days before such time.
3. If the Users use the Services after the time when the amendment takes place, the Users shall be deemed to have agreed to the amendment of the TERMS OF USE.

Article 19 (Communication with the Company)

As to the communications or inquiries with the Company concerning the Services, the Users shall send them through the inquiry form duly set up on the website run by the Services or the Company or convey by ways separately designated by the Company.

Article 20 (Entire Agreement)

The TERMS OF USE constitutes the entire agreement between the Company and the Users on the matters contained in the TERMS OF USE and will supersede any prior agreements and representations between the Company and the Users on the matters contained in the TERMS OF USE.

Article 21 (Severability)

Even if a provision of the TERMS OF USE or its part is judged to be invalid or unenforceable due to the Consumer Contract Act of Japan or any other law, regulation, etc., any other provisions of the TERMS OF USE and the remaining part of the provision a part of which is judged to be invalid or unenforceable will continue to be completely valid.

Article 22 (Governing Law; Jurisdiction)

1. The validity of the TERMS OF USE, the construction and enforcement of its terms shall be governed by the laws of Japan.
2. Any dispute, including litigation, between the Company and the Users, etc. will be adjudicated, depending on the amount of the dispute, in the Tokyo District Court or the Tokyo Summary Court.

Effective since July 22, 2019

This is a reference translation. In the event of any conflict between the original Japanese version and the English version, the text of the original Japanese version shall prevail.