Oasys Wallet Inc. (“Company,” “we,” “us,” or “our”) provides the Service (as set forth in Article 2 (Definitions), Item 1, hereafter the same shall apply) in accordance with these Terms of Use (the “Terms of Use”). For your use of the Service, you are required to comply with the Terms of Use so that you can enjoy the Service with peace of mind. Please be sure to read the Terms of Use before using the Service. In addition, minors should obtain the consent of a person with parental authority before using the Service and agreeing to the Terms of Use.
Article 1 Purpose and Applicability
This Terms of Use is intended to prescribe the terms and conditions of the Service and to define the rights and obligations between the Company and the User (as set forth in Article 2 (Definitions), Item 2) concerning the use of the Service. This Terms of Use applies to all relationships between User and Company regarding the Service.
The various terms of use, precautions, guidelines, and rules for the Service posted on Our Website (as set forth in Article 2 (Definitions), Item 3) (collectively “Individual Terms”) shall constitute a part of the Terms of Use, regardless of the name under which they are called. If there is any inconsistency between the Terms of Use and Individual Terms, Individual Terms shall prevail.
The English translation of the Terms of Use is provided solely as a reference for Users, and if there is any inconsistency between the Japanese version of the Terms of Use and the English translation, the Japanese version of the Terms of Use shall prevail.
Article 2 Definitions
The following terms used in this Terms of Use shall have the meanings set forth below.
“Service” means (i) services for receiving, displaying, and sending crypto assets; (ii) services for receiving, displaying, and sending NFTs; and (iii) other related services provided by us under the name of Oasys Passport (if the name or content of services is changed, the service after such change is included).
“User” means persons who entered into the Service Usage Agreement with us.
“Our Website” means a website operated by us whose domain is "https://oasys-wallet.com" (if the domain or content of the website is changed for any reason, this includes the website with the changed domain or content).
“Individual Terms” means as set forth in Article 1, Section 2.
“Applicant” means a person who desires to use the Service.
“Service Usage Agreement” means an agreement concerning the use of the Service between the User and the Company based on the contents of the Terms of Use.
“Anti-Social Forces” means as set forth in Article 3, Section 3.
“Anti-Organized Crime Group Act” means as set forth in Article 3, Section 3.
“User Account” means an account granted to the User under the Service Usage Agreement and allowing the User to use the Service (including the restoration code or biometric information for biometric authentication, etc., used for such authentication).
“NFT” means a totality of the tokens and digital content when digital content is attached to a non-fungible electromagnetic token (property values recorded by blockchain or similar technology and transferable) with unique values, attributes, etc.
“IP Rights” means any copyrights, patents, utility model rights, design rights, trademarks, and other intellectual property rights (including rights to obtain or to apply for registration of such rights).
“Confidential Information” means as set forth in Article 12, Section 1.
“Disputes, etc.” means as set forth in Article 13, Section 3.
“Laws, etc.” means as set forth in Article 14, Section 2.
Article 3 Registration for the Use of the Service
The Applicant shall agree to the Terms of Use and complete the registration procedures in accordance with the Terms of Use and the method set forth by us. Upon completion of registration, the Service Usage Agreement shall be executed between the User and us.
If the Applicant is a minor, an adult ward, a person under curatorship, or a person under assistantship, and procedures such as the consent of a person with parental authority, minor’s guardian, adult guardian, curator, or assistant are required to execute the Service Use Agreement, the consent of a person with parental authority or other legal representatives shall be required for all acts related to the use of the Service (including an agreement to the Terms of Use).
The Applicant for registration shall represent and warrant that the Applicant is not Anti-Social Forces ((i)an organized crime group (Article 2, Item 2 of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Law No. 77 of 1991. “Anti-Organized Crime Group Act”)); (ii) a member of an organized crime group (Article 2, Item 6 of the Anti-Organized Crime Group Act); (iii) a person who has not ceased to be an organized crime group for a period of five (5) years; (iv) an associate member of an organized crime group; (v) companies affiliated with an organized crime group; (vi) a fixer of stockholders’ meetings; (vii) a miscreant advocating social activism; (viii) a miscreant advocating political activism; (ix) an intellectual crime group or the like; or (x) any other similar group, hereafter the same shall apply) or a person who is involved in any interaction or involvement with Anti-Social Forces, such as cooperating or participating in the maintenance, operation, or management of Anti-Social Forces through the provision of funds or other means and shall complete the registration procedures.
Upon registration, the Applicant shall provide true, accurate, and up-to-date information to us.
Article 4 Management of User Account, etc.
The User shall be responsible for properly and securely managing and keeping the User Account, profile information, restoration code, and secret key and shall not allow a third party to use, rent, assign, transfer, change the name of, sell, or otherwise deal in them.
We may deem any act using the Services performed with a User Account, restoration code, or secret key to be an act by the User related to such User Account, restoration code, or secret key.
The User shall be responsible for any damages caused by inappropriate management of the User Account, restoration code, or secret key, errors in use, or use by a third party. We shall not be responsible, except in the case of willful misconduct or negligence on the part of us.
If the User discovers that information regarding a User Account, restoration code, or secret key has been (i) leaked; or (ii) used by a third party, the User shall immediately notify us and comply with our instructions regarding the handling of the User Account, restoration code, or secret key.
Since we do not manage users' secret keys by providing the Service, and the provision of the Service does not fall under the management of crypto assets as stipulated in Article 2, Paragraph 15, Item 4 of the Payment Services Act (Law No. 59 of 2009., including subsequent amendments), we shall not be responsible for the crypto asset exchange service to Users.
Article 5 Use of the Service
The User may use the Service in accordance with the Terms of Use and at User's responsibility.
We may request the User to enter a code notified by e-mail, SMS, or + message or perform other predetermined operations due to the security enhancement function. In addition, the User may use "biometric authentication," which uses biometric information registered in the User's biometric authentication device without a passcode on a terminal with a biometric authentication device.
The preparation and maintenance of computers, smartphones, other devices, communication lines, and other communication environments necessary for the use of the Service shall be carried out at the User’s expense and responsibility.
The User shall, depending on the environment in which the Service is used, take measures at the User's expense and responsibility to prevent computer viruses, unauthorized access, information leaks, etc.
Upon use of the Service, Users may be asked to use services provided by third parties. When using services provided by a third party, the User shall comply with the terms of use and other provisions separately stipulated by such third party.
We may notify the User regarding the Service in the method (i) of implementation within the Service; (ii) of notification to the contacts registered by the User as registration information; or (iii) separately determined by us. Such notice shall be deemed to reach the User at the time when it should usually reach the User unless otherwise set forth in the Terms of Use. Any inquiries or other communications or notifications from the User to us regarding the Service shall be made in the method prescribed by us.
Article 6 Usage Fee for the Service
The Service may be used free of charge. Provided that, the User shall cover the cost of preparation and maintenance of computers, software, other equipment and communication lines, other communication environment, etc., necessary for use of the Service. In addition, the User shall be responsible for any additional fees incurred in transferring assets or using other services. Paid services may be available in the future due to service expansion or other reasons.
Article 7 Suspension, Interruption, Change, or Termination of the Service
We may suspend or interrupt the Service for periodic maintenance work or as otherwise necessary. In case of such suspension or interruption, we shall notify Users in advance. Provided that, we may suspend all or part of the provision of the Service without prior notice to the User in any of the following conditions:
when performing urgent inspection or maintenance work on the system related to the Service;
when we determine that suspension or interruption is necessary due to system or communication line failure, malfunction, excessive concentration of access, unauthorized access, hacking, etc., related to the Service;
when we determine that suspension or interruption is necessary due to force majeure such as fire, power outage, or natural disasters, etc.;
when we determine that suspension or interruption is necessary due to trouble, interruption or suspension of service provision, suspension of linkage with the Service, or specification changes, etc., to services other than the Service; or
in addition to the preceding items, when we determine that an urgent suspension or interruption of the service is necessary.
We may change the contents of the Service or terminate the provision of the Service (and termination of the Services Usage Agreement) at our convenience. If we terminate the Service provision, we shall notify Users in advance.
Article 8 Suspension of Use of the Service, Deletion of the User Account, etc.
We may, without prior notice or demand, suspend the use of the Service to the User falls under any of the following items:
if the User violates any of the provisions of the Terms of Use;
if the registration information is found to be false;
if the User uses or attempts to use the Service for purposes or in a method that is likely to cause damage to us, other Users, or other third parties;
if the User obstructs the provision of the Service by us, regardless of the method; or
in addition to the preceding items, if we determine, based on reasonable grounds, that it is appropriate to suspend the use of the Service by the User.
We may, without prior notice or demand, terminate all or part of the Service Usage Agreement or delete the User Account to the User falls under any of the following items:
if the User violates any of the provisions of the Terms of Use and fails to correct such violation within fourteen (14) days after being requested by us to do so;
if the User falls under any set forth in Items 2 through 4 of the preceding paragraph;
if the User dies;
if the User is suspended from payment or becomes insolvent, or if the User is filed for the commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement of special liquidation proceedings, or a petition is filed for the initiation of similar proceedings;
if the User receives a dishonor order for a bill or check drawn or accepted by the User, or if the User receives a suspension of transactions by a clearing house or any other similar action;
if the User is subjected to a petition for seizure, provisional seizure, provisional disposition, judicial enforcement, or auction;
if the User receives a tax delinquency order;
if the User does not use the Service for six (6) months, counting from the month following the month the User last used the Service and does not respond to our communications for thirty (30) days or more; or
in addition to the preceding items, if we determine, based on reasonable grounds, that it is inappropriate for the User to use the Service.
If the User falls under any of the items of the preceding paragraph, the User shall, even if we have not given any notice or demand, lose the benefit of time for all debts owed to us and shall immediately repay us.
Article 9 Treatment after Deletion of the User Account or Termination of the Service Usage Agreement
Upon termination of this Service Usage Agreement, the User shall immediately terminate the use of the Service, regardless of the reason for termination.
If (i) the User Account is deleted; or (ii) the Service Usage Agreement is terminated, we may delete the User's registration information recorded in the User Account and other data related to the User related to the Service. Provided that, (i) information that is technically impossible or extremely difficult to delete; and (ii) information that is legally required to be retained, etc., should not be deleted.
We shall not be responsible for any damages incurred by the User as a result of the deletion of the User’s data in accordance with the preceding paragraph.
The User should agree in advance that the User may not (i) restore any information related to the User Account; (ii) hold any NFTs or crypto assets on the Service if (i) the User Account is deleted; or (ii) the Service Usage Agreement is terminated.
Regardless of the termination of the Service Usage Agreement, the provisions of Article 4 (Management of User Account, etc.), Paragraph 3, Article 5 (Use of the Service), Paragraph 5, Article 8 (Suspension of Use of the Service, Deletion of the User Account, etc.), Paragraph 3, this Article, Article 11 (Ownership of Rights), Article 12 (Confidentiality), Article 13 (The User’s Liability for Damages, etc.), Article 14 (Disclaimer of Warranty and Exemption), Article 15 (Use of Data and Personal Information), Article 17 (Assignment, etc. of Status under the Service Usage Agreement), Article 18 (Entire Agreement), Article 19 (Severability), Article 20 (Exclusion of Anti-Social Forces), Article 21 (Governing Law and Jurisdiction) shall remain in effect.
Article 10 Prohibited Acts
The User shall not conduct any of the following acts in using the Service:
infringing or likely to infringe, directly or indirectly, the IP Rights, portrait rights, privacy rights, honor, or any other rights or interests of us, other Users, external business operator, or any other third party;
acting related to crime or against public policy;
violating the Terms of Use, laws and regulations, or internal rules of the industry associations to which the User or we belongs;
transmitting information that contains computer viruses or other harmful computer programs;
trying unauthorized access to the Service;
transmitting data that exceeds a certain data volume prescribed by us through the Service;
impersonating us or a third party or intentionally spreading false information;
making a third party use, lend, transfer, change the name of, sell, or otherwise dispose of the User Account;
actions to reprint, reproduce, copy, modify, alter, publicly transmit, distribute, transfer, lend, or translate, etc., (i) our website; or (ii) other tangible or intangible components of the Service without our prior consent;
reverse engineering, decompiling, disassembling, or any other acts that interfere with the server or network system of the Service;
unauthorized manipulation of the Service through the use of BOTs, cheat tools, or other technological methods;
using malfunctions of the Service intentionally;
making unreasonable inquiries or demands of us, such as repeating similar questions more than necessary;
any action that obstructs or is likely to obstruct the provision of the Service by us;
obstructing the use or enjoyment of the Service by other Users;
actions to collect, disclose, or provide other Users' personal information, registration information, or usage history information in an unauthorized method;
interacting or being involved in any way with Anti-Social Forces, such as cooperating or participating in the maintenance, operation, or management of Anti-Social Forces through the provision of funds or otherwise;
actions to assist or promote acts falling under any of the preceding items; or
in addition to the preceding items, actions that we reasonably determine, based on reasonable grounds, it is inappropriate.
Article 11 Ownership of Rights
All proprietary rights and IP Rights concerning (i) Our Website; and (ii) other tangible or intangible components of the Service (including applications, software programs, databases, icons, images, texts, manuals, and other related documents, and all other content) belong to us or third parties who have licensed them to us.
The permission to use the Service based on the Terms of Use shall not imply the transfer or licensing of IP Rights related to the matters described in (i) and (ii) of the preceding paragraph of us or third parties who have licensed them to us, except as specifically set forth in the Terms of Use.
The User shall not conduct any act that is likely to infringe the IP Rights of us or third parties who have licensed them to us for any reason.
Article 12 Confidentiality
In this Terms of Use, “Confidential Information” means all information concerning our technology, sales, operations, finances, organization, and other matters that are disclosed, provided, or learned to the User by us due to or related to the Terms of Use or the Service orally, in writing, or through other recorded media. Provided that, information falling under any of the following shall be exempt from the Confidential Information.
information that is already publicly known or already obtained before being disclosed or provided by us, or becoming known to the User;
information that became publicly known after being disclosed or provided by us, or become known to User for reasons not attributable to the User;
information lawfully obtained by the User from a duly authorized to disclose or provide the third party without any obligation of confidentiality; or
information that the User has developed independently without the Confidential Information.
The User shall use the Confidential Information only for the use of the Services and other purposes for which the Confidential Information was disclosed or provided. The User shall not disclose, provide, or divulge the Confidential Information to any third party without our written consent. Provided that, when disclosure of the Confidential Information is required by law, court, or government agency order, request, or demand and the User has notified us promptly after such order, demand, or request, the User may disclose or provide such information to necessary third parties to the minimum extent necessary for such order, request, or demand.
The User shall, whenever requested by us, immediately return or dispose of the Confidential Information, documents, and other records containing or recording the Confidential Information, and all copies thereof, in accordance with our instructions.
Article 13 The User’s Liability for Damages, etc.
If the User violates any of the Terms of Use, we may injure such action.
If any damage is caused to us in connection with a violation of the Terms of Use or the use of the Service, the User shall be liable to compensate us for such damage (including reasonable attorney fees).
If the User receives a complaint from or disputes with other Users, external businesses operator, or other third parties (collectively "Disputes, etc.”) related to the Service, the User shall immediately notify us of the content of the Dispute, etc., and handle the Dispute, etc., at the User's expense and responsibility and shall not cause any inconvenience to us. In addition, the User shall report the progress and results of Disputes, etc., to us upon request. In this case, we shall not be responsible, except in the case of willful misconduct or negligence on the part of us.
The User shall compensate us for any damages incurred by us due to Disputes, etc.
Article 14 Disclaimer of Warranty and Exemptions
We shall not warrant, express or implied, regarding the receipt, display, or delivery of crypto assets (including the transfer of crypto assets between Users), the receipt, display, or delivery of NFTs (including the transfer of NFTs between Users), or other related services, or the value, function, destination, or use of crypto assets and NFTs, to (i) be fit for the User's particular purpose; (ii) achieve any particular result; (iii) be good on all operating systems, web browsers or versions of the application; (iv) have the expected functionality, merchantability, accuracy, safety, usefulness, or legality; (v) not infringe on the rights of third parties; (vi) be continually available; (vii) prevent interruptions, discontinuances, or other failures; (viii) be bug and glitch free; and (ix) prevent hacking or theft from occurring.
The User shall investigate, at the User's responsibility and expense, whether or not the use of the Service violates any laws, regulations, notices, ordinances, guidelines, or other regulations applicable to the User ("Laws, etc."). We shall not warrant that the use of the Service by the User complies with Laws, etc.
We shall not be liable for any suspension, interruption, termination, unavailability, or change of the Service by us, loss of data or breakdown or damage to equipment due to use of the Service, or any other damages incurred by the User related to the Service, except in the case of willful misconduct or negligence on the part of us.
We shall not warrant any information on websites other than Our Website or information obtained from such websites, regardless of the links provided or for any other reason.
A malfunction of our system, a malfunction of the User's terminal or web browser, or an operation outside the scope of the Terms of Use may affect the display of the number of crypto assets on the Service or the speed of remittance, etc. In this case, we shall not be liable for any damages incurred by the User, except in the case of willful misconduct or negligence on the part of us.
If the performance of the Service is prevented by a natural disaster (including but not limited to typhoons, tsunamis, earthquakes, windstorms, floods, thunderstorms, and salt damage, etc.), fire, infectious disease, cyber-attack, pollution, war, civil war, riot, terrorist act, strike, amendment, repeal or enactment of laws and regulations, order or disposition by public authority, labor dispute, accident of transportation or communication line, a sharp rise in raw material or freight cost, significant fluctuation of exchange rate or other force majeure, we shall not be liable for any damage or disadvantage incurred by the User as due to such force majeure.
We shall not be liable to compensate the User for any damage caused by future changes in Laws, etc., or changes in the taxation system on crypto assets or NFTs.
We shall not be liable for any retroactive compensation even if the User incurs damages due to retroactive future changes in Laws, etc., or retroactive future changes in the taxation system on crypto or NFTs.
We shall not be liable to compensate the User for any losses incurred by the User due to price fluctuations of crypto assets or NFTs, except in the case of willful misconduct or negligence on the part of us.
The Service may be linked with external services, but we shall not warrant that the User may use such external services in such linkage.
We shall be responsible for the Services only to the extent limited in accordance with the respective provisions of the Terms of Use. We shall not be responsible for any matters for which we shall not warrant or assume responsibility, or for which the User shall be responsible in any of the provisions of the Terms of Use, except in the case of willful misconduct or negligence on the part of us. We shall not be responsible for any damage incurred by the User related to the Service, except in cases of willful misconduct or negligence on the part of us.
If the User incurs any damage related to the Service due to our negligence (excluding gross negligence), regardless of whether the claim is based on non-performance of a debt, tortious act, or any other cause, (i) we shall be liable only for direct and ordinary damages actually incurred by the User, and shall not be liable for incidental, indirect, special, future, or lost profits damages; and (ii) the total cumulative amount of such compensation shall not exceed JPY 10,000.
Article 15 Use of Data and Personal Information
The handling of information about the User by us is subject to the provisions of our Privacy Policy, and the User agrees to our handling of the information in accordance with our Privacy Policy.
Article 16 Changes to Contents of the Service and Terms of Use, etc.
We may change the contents of the Service.
We may change the Terms of Use in accordance with the provisions of the Civil Code. When we change the Terms of Use, We notify the public of the effective date and details of the revised Terms of Use by posting the revised Terms of Use on Our Website or by any other appropriate method. The revised Terms of Use shall be effective as of such effective date.
Article 17 Assignment, etc. of Status under the Service Usage Agreement
The User may not assign, transfer, pledge as security, or otherwise dispose of the status under the Service Usage Agreement, or rights or obligations under the Service Usage Agreement to any third party without our prior written consent.
Article 18 Entire Agreement
The Terms of Use constitute the entire agreement between the Company and the User regarding the matters set forth herein and prevail over any prior agreements, representations, and understandings between the Company and the User regarding the matters set forth herein, whether oral or written.
Article 19 Severability
If any provision of the Terms of Use is determined to be invalid or unenforceable, in whole or in part, by Consumer Contract Act or any other law or regulation, the remaining provisions of the Terms of Use shall remain in full force and effective. The Company and the User shall endeavor to modify such invalid or unenforceable provision or part thereof to the extent necessary to make it legal and enforceable and to ensure that it has the same meaning and legal and economic effect as such the invalid or unenforceable provision or part thereof.
Article 20 Exclusion of Anti-Social Forces
The User shall warrant the following items to us:
(i) neither the User nor its officers nor its equivalents fall under Anti-Social Forces; and (ii) they are not involved in a corporation, etc., in which Anti-Social Forces are substantially involved in the management, and continuing to fall under both (i) and (ii) above in the future;
(i) not to have provided funds, etc., or not to have provided benefits, etc., to Anti-Social Forces; and (ii) not to allow Anti-Social Forces to use the User's name to enter into or perform the Service Usage Agreement; and
not to perform any of the following acts by the User or by using a third party during the effective period of this Service Usage Agreement:
(i) actions that use threatening behavior or violence against us or other Users; or
(ii) actions that use deceptive means or force to obstruct our business or other Users' businesses or damage the credibility.
If the User violates the preceding paragraph, we may immediately terminate the Service Usage Agreement, in whole or in part, without any notice or demand. In this case, we shall not be liable to compensate for any damages incurred by the User due to such termination.
Article 21 Governing Law and Jurisdiction
The Terms of Use and the Service Usage Agreement shall be governed by the laws of Japan. Any dispute related to the Terms of Use or the Service Usage Agreement shall be submitted to the exclusive jurisdiction of the Tokyo District Court at the first instance.
Article 22 Consultation
The Company and the Users shall promptly resolve through consultation in accordance with the principle of good faith in the event of any matter not stipulated in the Terms of Use or any doubts arising concerning the provisions of the Terms of Use.
Established on 28th August, 2023
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