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Terms of Use

  • Updated

Cygnos Terms of Use

 

This English translation is provided for convenience purposes only. The Japanese version of this document shall be regarded as the official version. In the event of a dispute, the Japanese language version shall prevail.

 

Article 1 (Applicability)

  1. Cygnos Terms of Use (these “Terms of Use”) are designed to set out the rights and obligations between Cygnos, Inc. (“Cygnos”, “we”, “our” or “us”) and you in connection with the use of the Service (as defined in Article 2; the same applies hereinafter), and shall apply to all matters between you and us in connection with the use of the Service.
  2. Guidelines, policies, explanations and notices for the Service we post from time to time on Cygnos Website (as defined in Article 2; the same applies hereinafter) shall form part of these Terms of Use.
  3. If there is any discrepancy between the provisions of these Terms of Use and any individual terms for the Service (the “Individual Terms,” and together with these Terms of Use, these “Terms of Use, etc.”), the provisions of the Individual Terms shall prevail over those of these Terms of Use.
  1. You must agree to these Terms of Use before using the Service.

 

Article 2 (Definitions)

 

The following terms as used in these Terms of Use shall have the following meanings:

  1. “Intellectual Property Rights” means copyrights, patents, utility model rights, trademark rights, design rights and other intellectual property rights (including rights to acquire or apply for registration of any of the foregoing).
  2. “Cygnos Website” means the website we operate under the domain name of “cygn.com” or the domain name separately designated by us (including subdomains, and the changed website if the domain name or contents of Cygnos website is changed for any reason).
  1. “Registration Information” means the information that you have provided to us in a manner prescribed by us (including information included in identification documents).
  1. “Log-in Information” means the “Log-in Information” as defined in Article 7, paragraph 2.
  1. “Service” means the crypto asset lending service and other related services we provide (including the changed service if the name or content of the Service is changed for any reason).
  1. “User Agreement” means an agreement that is made between Cygnos and you under Article 4, paragraph 3 to use the Service in accordance with these Terms of Use.
  1. “Anti-Social Forces” means a person who falls within any of the following categories:
  • an organized crime group (“Boryokudan”), a member of a Boryokudan, a person with respect to whom five years have not passed since the person ceased to be a member of a Boryokudan, a sub-member of a Boryokudan, a corporation related to a Boryokudan, a racketeer group, etc., a rogue group engaging in criminal activities under the pretext of conducting social campaigns or political activities, a crime group specialized in intellectual crimes, etc. or any other person similar to any of the foregoing (collectively, the “Boryokudan Member, etc.”);
  • a person who is recognized as having a relationship in which the management of the entity is controlled by the Boryokudan Member, etc.;
  • a person who is recognized as having a relationship in which the Boryokudan Member, etc. is substantially involved in the person’s management;
  • a person that is recognized as having a relationship in which the person wrongfully uses the Boryokudan Member, etc. for the purpose of obtaining wrongful profit, whether for itself or a third party, or for the purpose of causing damages to a third party;
  • a person that is recognized as having a relationship in which the person is involved in the provision of funds or benefits to Boryokudan Member, etc.; or
  • a person whose officer(s) or individual(s) substantially involved in its management have a socially condemnable relationship with Boryokudan Member, etc.
  1. “Anti-Social Behavior” means (i) a violent demand, (ii) an unreasonable demand beyond legal responsibilities, (iii) an act of using threatening words or behavior, or employing violence in connection with a transaction; (iv) an act of damaging the credibility of or obstructing the business of anther Party by spreading false information, employing fraudulent means or using forces; or (v) any other act similar to any of the foregoing.
  1. “Specified Countries” means the countries and territories specified in Article 2, paragraph 2, item 2 of the Act on Prevention of Transfer of Criminal Proceeds and each item of Article 2 of the Order for Enforcement of the Act on Prevention of Transfer of Criminal Proceeds (i.e., Iran and North Korea).
  1. “Criminal Proceeds” means criminal proceeds defined in Article 2, paragraph 4 of the Act on Punishment of Organized Crimes and Control of Crime Proceeds or drug-related criminal proceeds defined in Article 2, paragraph 5 of the Act Concerning Special Provisions for the Narcotics and Psychotropics Control Act, etc. and Other Matters for the Prevention of Activities Encouraging Illicit Conducts and Other Activities Involving Controlled Substances through International Cooperation.
  1. “FATCA” means U.S. Foreign Account Tax Compliance Act.
  1. “FATCA Statement” means the Statement of Mutual Cooperation and Understanding between the U.S. Department of the Treasury and the Authorities of Japan to Improve International Tax Compliance and to Facilitate Implementation of FATCA.
  1. “FATF Statement” means the public statement that TATF (financial action task force which is a multilateral framework for promoting the international coordination of money laundering and terrorist financing countermeasures established based on the 1989 Grande Arche G7 Summit Economic Declaration) adopted and announced regarding non-cooperative countries and territories which do not take AML/CFT measures.
  1. “OFAC Regulations” means regulations imposed as part of Economic and Trade Sanctions Programs that the U.S. Department of Treasury's Office of Foreign Asset Control administers and enforce based on U.S. foreign policy and national security objectives.
  1. “Foreign PEPs” means customers specified in Article 12, paragraph 3 of the Order for Enforcement of the Act on Prevention of Transfer of Criminal Proceeds, who fall within the following categories: (i) head of a foreign country; (ii) person who occupies an important position at a government, central bank or any other similar organization of a foreign country; (iii) person who used to be (i) or (ii); (iv) family member of any of those listed in (i) through (iii); or (v) corporation which is substantially controlled by any of those listed in (i) through (iv).

 

Article 3 (Preparation of Environment)

 

  1. You shall, at your own expense and responsibility, prepare a computer, telecommunications equipment and other devices and software required to use the Service (the “User Equipment”), and connect the User Equipment to the Internet.
  1. You shall, at your own expense and responsibility, prepare the environment to use the Service as specified by us.
  1. If there is a failure in the User Equipment, its connection to the Internet or the environment to use the Service, we will not be obliged to provide the Service to you unless there is willful misconduct or negligence on our part.
  1. We will not be liable for any loss or damage suffered by you as a result of your use of the Service without preparing the environment to use the Service as specified by us unless there is willful misconduct or negligence on our part.

Article 4 (Account Registration)

 

  1. If you wish to use the Service, you will be required to agree to these Terms of Use and apply for account registration by providing the Registration Information to us in a manner prescribed by us. In applying for such registration, you need to satisfy all the requirements set out below:
  • you are older than 20 and younger than 75;
  • you do not fall within the category of minor, adult ward, person under curatorship or person under assistance:
  • you do not fall within the category of Foreign PEPs;
  • you are or were not located, or do or did not reside in Not being Specified Countries;
  • you are not located or do not reside in a country or territory on which economic sanctions are imposed under the OFAC Regulations;
  • you are not located or do not reside in a country or territory subject to the FATF Statement;
  • you are not located or do not reside in any other country or territory with a high risk of money laundering, terrorist financing and financing of proliferation of weapons of mass destruction;
  • you do not or did not have a U.S. federal taxpayer identifying number (“U.S.TIN”) as referred to in the FATCA Statement;
  • you do not fall within the category of Anti-Social Forces;
  • you do not or did not engage in Anti-Social Behavior by yourself or through a third party;
  • you do not or did not have Criminal Proceeds;
  • you will not engage in transactions which violate public policy such as money laundering, or other transactions suspected to be used for illegal or illicit purposes;
  • you do not or did not engage in any acts listed in each item of Article 11, paragraph 1;
  • you have your own personal computer or smartphone or other mobile phone device, and can connect the same to the Internet;
  • you have knowledge and experience necessary for online transactions using the Internet;
  • you can complete authentication via SMS by using your own mobile phone number;
  • you can be reached for our inquiries by email or phone at any time;
  • you will register your own email address with us and can manage it as your login ID for the Service properly (any email address shared with another person will not be accepted);
  • you will check notices posted on Cygnos Website from time to time;
  • you fully understand risks, products’ nature, structure and details of the Service;
  • you agree to these Terms of Use, etc. and use the Service at your own discretion and responsibility; and
  • you satisfy any other requirements set out by us.
  1. We will decide whether or not your application made under the preceding paragraph is approvable in accordance with our standards and procedures (including our KYC procedure), and if we approve your registration, we will give you notice thereof, upon which your registration to use the Service will be completed.
  1. Upon the completion of the registration under the preceding paragraph, the User Agreement for the Service in line with these Terms of Use will be formed between you and us, and you will be able to use the Service in a manner prescribed by us.
  1. We may refuse your application made under paragraph 1 if we reasonably consider that you fall under any of the following items:
  • there is a difference between the Registration Information and the information included in your identification document;
  • there is an error, omission or malicious statement in the information entered as prescribed by us;
  • there is a suspicion that the Registration Information or identification document provided to us contains false information, is forged or spoofed, or uses a false name or pseudonym;
  • you do not, or we reasonably consider that you do not, satisfy the requirements set out in each item of paragraph 1; or
  • we reasonably consider that the application for the account registration should be refused for other reasons.
  1. If we refuse, under the preceding paragraph, your application for account registration made under paragraph 1, we will not be obliged to inform you of the reasons for refusal. In such case, we also will not be obliged to return the documents received from you.

 

Article 5 (Change of Registration Information)

 

  1. If there is a change to the Registration Information, you shall promptly notify us of such change in a manner specified by us. In such case, we may, depending on the type of the Registration Information in question, require various confirmations from you and/or request you submit document(s) specified by us, in a manner specified by us.
  1. Notwithstanding the preceding paragraph, if we deem it necessary, we may require various confirmations from you and/or request you submit document(s) specified by us, in a manner specified by us.
  1. In the preceding two paragraphs, we may, depending on your attributes and particulars of transaction, may suspend your use of the Service in whole or in part, and may require various confirmations from you and/or request you submit document(s) for the purposes of managing money laundering and terrorist financing risks. Also, if we do not receive confirmations or submissions under the preceding two (2) paragraphs within the period specified by us, we may continue to suspend your use of the Service in whole or in part or cancel your registration.
  1. We will not be liable for any loss or damage suffered by you as a result of suspension of your use of the Service in whole or in part or cancellation of your registration under the preceding paragraph unless there is willful misconduct or negligence on our part.

 

Article 6 (Notice from you)

 

  1. You shall cease to use the Service, and immediately notify us in a manner specified by us if you fall within the following categories:
  • person who falls within the category of the Anti-Social Forces;
  • person who falls within the category of Foreign PEPs;
  • person who has a U.S. TIN;
  • person who is located or resides in any of the Specified Countries;
  • person who is located or resides in a country or territory on which economic sanctions are imposed under the OFAC Regulation;
  • person who is located or resides in a country or territory subject to the FATF Statement; or
  • person who is located or resides in any other country or territory with a high risk of money laundering, terrorist financing and financing of proliferation of weapons of mass destruction.
  1. If we receive notice under the preceding paragraph, we will promptly carry out an investigation into the facts, and confirm an after-the-fact response, in which case, it may take a long period of time to do so.
  1. We will not be liable for any loss or damage suffered by you (including loss of profits and loss of opportunity) as a result of your ceasing to use the Service under paragraph 1 unless there is willful misconduct or negligence on our part.

 

Article 7 (Management of Log-in Information)

 

  1. When applying for account registration under Article 4, you will be required to register your email address with us beforehand and set your password yourself.
  1. You shall, at your own responsibility, securely manage and store your password and other information for logging in (the “Log-in Information”), and shall not disclose, divulge, lend or sell to or share with any third party the Log-in Information.
  1. The use of the Service by a third party using your Log-in Information shall be deemed to be your use of the Service unless there is willful misconduct or negligence on our part. In such case, you shall bear any liability arising from such use of the Service using your Log-in Information, and shall compensate us for any loss or damage (including reasonable attorneys’ fees; the same applies hereinafter) suffered by us as a result of the third party’s use of the Service using your Log-in Information.
  1. When logging into Cygnos Website, you shall set up two factor authentication separately specified by us.
  1. You shall be responsible for any loss or damage suffered by you as a result of poor management of the Log-in Information, not setting up two factor authentication, error in use or third party’s use, and we shall not be responsible for such loss or damage unless there is willful misconduct or negligence on our part.
  1. If you become aware of the loss, leakage, theft or third party’s use of your Log-in Information, you shall immediately inform us thereof and follow our instructions.

 

Article 8 (Use of the Service)

 

  1. You shall use the Service in accordance with these Terms of Use, etc.
  1. When you use the Service, if there are fees or commissions for individual services, you shall pay such fees or commissions.
  1. You shall not acquire any Intellectual Property Rights and other rights in respect of the Service.

 

Article 9 (Ownership of Rights)

 

  1. We or our licensors retain all ownership and Intellectual Property Rights to Cygnos Website and the Service, and the right to use the Service under the registration specified in these Terms of Use, etc. does not mean the license to use our or our licensors’ Intellectual Property Rights to Cygnos Website or the Service. You shall not engage in any activity that is likely to infringe our or our licensors’ Intellectual Property Rights (including but not limited to disassembling, decompiling and reverse engineering) for any reason whatsoever.
  1. We shall be free to use (including reproduce, copy, alter, sublicense to a third party and use in any other manner) texts, images, videos and other data that you post on or transmit through Cygnos Website or the Service, free of charge, to the extent permitted by law and regulation.

 

Article 10 (Suspension and Discontinuation of the Service)

 

  1. We may suspend provision of the Service without prior notice to you if:
  • we carry out an urgent inspection or maintenance work due to a failure in the computers, telecommunication facilities and other equipment and software installed by us or a third party for the Service (the “Equipment for the Service”);
  • our computers, communication lines, etc. are down due to an accident or failure;
  • we are unable to provide the Service due to an unauthorized access or attack by a third party to the Equipment for the Service, or interception on the communication route;
  • we are unable to provide the Service due to an intrusion into the Equipment for the Service of a computer virus of a type for which no virus pattern, virus definition file, etc. is provided by a third party
  • we are unable to provide the Service because of an act of God or other force majeure event, war, strike, epidemic, revision of applicable law, regulation or rule, or sudden change in circumstances surrounding fiat currencies or crypto assets;
  • we reasonably consider that it is necessary to conduct an investigation pursuant to applicable law or regulation or our rules;
  • the liquidity of crypto assets declines significantly;
  • we decide not to deal with crypto assets or handle all or part of the Service related thereto as a result of any hard fork or other blockchain fork or other changes made to the specifications for crypto assets we deal with;
  • compulsory disposition is carried out under a court order or in accordance with applicable law or regulation;
  • such suspension is unavoidable for operational or technical reasons; or
  • we need to check the Equipment for the Service due to an unauthorized access by a third party to the Equipment for the Service.
  1. We may suspend provision of the Service with prior notice to you in order to carry out an inspection or maintenance work on the Equipment for the Service.
  1. If there are unavoidable circumstances, we may discontinue provision of the Service with prior notice to you and you shall agree to this in advance.
  1. We will not be liable for any loss or damage suffered by you as a result of suspension or discontinuance of the Service under the preceding paragraphs unless there is willful misconduct or negligence on our part.

 

Article 11 (Prohibitions)

 

  1. You shall not engage in any of the following acts. The decision whether or not your act falls under any of the prohibited acts is in our discretion, and you shall follow our reasonable determination.
  • an act that infringes or is likely to infringe Intellectual Property Rights such as copyrights and trade mark rights or other rights of Cygnos or a third party;
  • an act of altering or deleting the contents of the Service or information available through the Service;
  • a transaction using a tool other than the Service provided by us, or an act suspected of amounting to such transaction;
  • an act of allowing a third party to use the Service in violation of these Terms of Use, etc.;
  • an act related to money laundering or similar act;
  • an act that violates any law, regulation or public order, or has adverse impact on us or a third party;
  • an act of discriminating, slandering or defaming others, or damaging the reputation or credibility of others;
  • an act that leads or is likely to lead to a crime such as fraud
  • an act of sending or posting any obscene images or documents involving child pornography or child abuse;
  • an act of creating a pyramid scheme or soliciting others to join the scheme;
  • an act of impersonating a third party to use the Service;
  • an act of transmitting or posting a harmful computer program such virus;
  • an act of sending an unsolicited email advertisement, promotion or solicitation to a third party or sending an email (spam email) that offends or is likely to offed a third party;
  • an act of disrupting or being likely to disrupt the use or operation of the Equipment for the Service;
  • an act of submitting false Registration Information to us;
  • an act of using the information obtained from the Service for purposes other than the Service, or disclosing or divulging such information to a third party;
  • a violent demand, an unreasonable demand beyond legal responsibilities, an act of using threatening words or behavior, or employing violence in connection with a transaction, an act of damaging the credibility of or obstructing our business by spreading false information, employing fraudulent means or using forces, or any other act similar to any of the foregoing, by yourself or by using a third party;
  • an act that indicates the use of the Service is inappropriate or suspicious;
  • an act of registering multiple accounts as the same person;
  • an act of using one account for multiple people or an act of allowing a third party other than you to use your account;
  • an act of disassembling, decompiling and reverse engineering the Equipment for the Service;
  • a fraudulent act using means to deceive others or an act of speaking or behaving with intention to encourage others to gamble;
  • an act of posting a link on the Internet in a manner or for the purpose of encouraging any of the foregoing acts; or
  • any other act that we reasonably consider inappropriate.
  1. If we reasonably consider your act falls or is likely to fall within any of the categories listed above, we may, without prior notice, take measures, such as suspending such violating act in whole or in part, suspending your use of the Service in whole or in part or deregistering or suspending your account.
  1. We will not be liable for any loss or damage suffered by you as a result of the measures we take pursuant to the preceding paragraphs unless there is willful misconduct or negligence on our part.

 

Article 12 (Cancellation of Registration)

 

  1. We may, immediately without notice or demand, take measures, such as suspending your use of the Service in whole or in part or deregistering or suspending your account if:
  • your payment is suspended or you become insolvent, or a petition for commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement of bankruptcy proceedings, commencement of special liquidation, special conciliation or commencement of other similar insolvency proceedings is filed against or by you;
  • you receive a disposition to suspend transactions with a clearing house;
  • a petition for protective order such as provisional attachment or provisional disposition, a petition for compulsory execution such as attachment, or a petition for commencement of foreclosure proceedings is filed with respect to your asset(s);
  • a petition for attachment, provisional attachment or auction is filed against you;
  • you do not or we reasonably consider you do not, satisfy requirements listed in items of Article 4, paragraph 1;
  • you fall or we reasonably consider you fall, under any of the items of Article 4, paragraph 4;
  • you breach these Terms of Use, etc. and fail to remedy such breach within a period specified in a notice from us to do so;
  • in the case where you are a juridical person, you have adopted a resolution for your dissolution or liquidation, or transfer of the whole or an important part of your business to a third party (including a resolution for the transfer of substantially the whole or an important part of your business in a merger, company split or other reorganization);
  • in the case where you are a natural person, inheritance has commenced; or
  • we reasonably consider, for any other reason, that your continued use of the Service is inappropriate.
  1. If you fall under any of the items of the preceding paragraph, all obligations owed by you to us shall be automatically accelerated and immediately become due and payable.
  1. We will not be liable for any loss or damage suffered by you as a result of the measures we take pursuant to paragraph 1 unless there is willful misconduct or negligence on our part.

 

Article 13 (Disclaimer)

 

  1. We will not be liable for any loss or damage listed below however caused (including without limitation in contract, tort orstatutory duty), unless such loss or damage is caused by wilful or negligent breach of duty or tort on our part:
  • any loss or damage caused by any force majeure such as act of God, war, civil commotion or riot;
  • any loss or damage caused by a failure in your connection environment such as failure of your facilities or failure of Internet connection service to the Equipment for the Service;
  • any loss or damage caused by the performance value of the Internet connection service such as response time from the Equipment for the Service;
  • any loss or damage caused by the intrusion into the Equipment for the Service of a computer virus of a type for which no virus pattern, virus definition file, etc. is provided by a third party whose anti-virus software is installed by us;
  • any loss or damage caused by an unauthorized access or attack by a third party to the Equipment for the Service or interception of the communication channel that cannot be prevented even with the care of a good manager;
  • any loss or damage caused by your failure to comply with the procedures and security measures specified by us;
  • any loss or damage caused by the software (including OS and middleware) manufactured by a third party among the Equipment for the Service;
  • any loss or damage caused by the hardware and database manufactured by a third party among the Equipment for the Service;
  • any loss or damage caused by a defect in telecommunication services provided by a telecommunications carrier;
  • any loss or damage caused by a compulsory disposition under Article 218 of the Code of Criminal Procedures (seizure, search or inspection pursuant to a warrant), the Act on Wiretapping for Criminal Investigation or any other applicable law or regulation or a court order;
  • any loss or damage caused by an enactment, revision, repeal or change of interpretation of any law or regulation applicable to the Service (including the case where it has retrospective effect);
  • any loss or damage caused by a third party’s website, whether or not linked to Cygnos Website; or
  • any other loss or damage caused by reason not attributable to us.
  1. We will not be liable for any dispute, etc. arising between you and a third party as a result of your use of the Service unless there is willful misconduct or negligence on our part.
  1. We make no warranty as to and will assume no liability (including liability for defect warranty) for, the value, features, usage and purpose of use of any crypto asset(s) you acquire or hold using the Service.

 

Article 14 (Dispute Resolution and Compensation for Damages)

 

  1. You shall compensate us for any loss or damage suffered by us as a result of your breach of these Terms of Use or any Individual Terms or your willful misconduct or negligence in connection with the use of the Service.
  1. Our liability for any loss or damage suffered by you in connection with the Service shall be limited to the direct and ordinary loss or damage actually incurred by you, and we shall not be liable for your loss of profits, unless such loss or damage is caused by wilful or gross negligent breach of duty or tort on our part.

 

Article 15 (Late Payment Penalty)

 

If you fail to perform the obligations associated with the use of the Service or under these Terms of Use, etc., you shall pay a late payment penalty of 14.6% per annum (prorated for a period less than one year).

 

Article 16 (Handling of Personal Information)

 

  1. Our handling of user information including your personal information shall be governed by our Privacy Policy, and we will obtain your consent to our handling of user information in accordance with such Privacy Policy in a manner specified by us.
  1. We may, at its own reasonable discretion, use and publish information and data supplied by you as anonymous statistical information that does not identity a person, and you shall raise no objection to such use and publication.

 

Article 17 (Confidentiality)

 

  1. “Confidential Information” as used in this Article means any technical, commercial or operational information of you or Cygnos (the “Disclosing Party” in this Article) disclosed by the Disclosing Party to another party (the “Receiving Party” in this Article) whether orally, in writing or by electronic or other means in connection with the Terms of Use or the Service; provided, however, Confidential Information does not include information that:
  • is already in the public domain at the time of the disclosure;
  • is already rightfully in the possession of the Receiving Party at the time of the disclosure;
  • enters the public domain through no fault of the Receiving Party after the disclosure;
  • is disclosed by a third party entitled to disclose such information without confidentiality obligations; or
  • is developed independently by the Receiving Party without the use of information disclosed by the other party.
  1. The Receiving Party shall maintain the confidentiality of Confidential Information with the same degree of careas it employs with regard to its proprietary information, and shall not use Confidential Information for purposes other than using the Service or performing these Terms of Use, etc. or disclose or divulge Confidential Information to a third party without the Disclosing Party’s approval, unless such disclosure is made pursuant to applicable law, regulation or rule of Japan or other countries or is required by a competent government entity, self-regulatory entity, stock exchange, court or other public agency.
  1. Notwithstanding the preceding paragraph, the Receiving Party may, without prior written approval of the other party, disclose Confidential Information only to the Receiving Party’s officers and employees, and lawyers, accountants, tax accountants and other outside experts (collectively, “Outside Experts”) who need to know to use the Service or perform these Terms of Use, etc. In such case, the Receiving Party shall ensure that its own officers and employees (including retired ones) and Outside Experts who handle Confidential Information will comply with the confidentiality obligations under this Article, and shall be responsible for their fulfillment of the confidentiality obligations.
  1. The Receiving Party may copy or process Confidential Information received from the Disclosing Party to the extent necessary for the use of the Service or the performance of these Terms of Use, etc.

 

Article 18 (Effective Term)

 

The User Agreement shall remain in full force and effect between Cygnos and you from the date your account registration is completed pursuant to Article 4 to the date such registration is cancelled (or the date such account is deleted).

 

Article 19 (Notice)

 

  1. Unless otherwise specifically provided by these Terms of Use, etc., notices from us to you will be sent by email, displayed on Cygnos Website, or otherwise given by the method deemed appropriate by us.
  1. A notice from us to you, if sent by email or posted on Cygnos Website pursuant to the preceding paragraph, will become effective when we send it by email or post on Cygnos Website, and if sent by mail to your address or office, will become effective when we send it.
  1. In the event of a late delivery or failure of delivery of any notice regarding the Service due to your change of address or absence or for any other reason not attributable to us, it shall be deemed to have arrived at the time when it should have arrived under ordinary circumstances.

 

Article 20 (Change to these Terms of Use, etc.)

 

  1. We may, at our own reasonable discretion, change these Terms of Use, etc. if:
  • the content of the change conforms to your general interest; or
  • the content of the change is not contrary to the purpose of these Terms of Use, etc., and is reasonable in light of the necessity of the change, the reasonableness of the content after the change and other circumstances pertaining to the change.
  1. In the event of any change to these Terms of Use, etc. pursuant to the preceding paragraph, we specify the time when the change takes effect and make prior announcement of our intention to change these Terms of Use, etc., the content after the change and the time when the change takes effect before it takes effect.

 

Article 21 (Assignment of Status under the User Agreement)

 

  1. You may not assign, transfer or mortgage to any third party, or otherwise dispose, in whole or in part, of your status under the User Agreement or all or any of your rights or obligations under these Terms of Use, etc.
  1. Notwithstanding the preceding paragraph, if we assign business relating to the Service to another company, we may assign, in whole or in part, our status, rights and obligations under the agreement with you for the Service, as well as your Registration Information and other information about you to the assignee in the process of such business assignment, and you shall hereby be deemed to have agreed to such assignment in advance. The assignment of business set forth in this paragraph shall include not only normal business assignment, but also company split and all other cases where business is transferred.

 

Article 22 (Surviving Provisions)

 

This Article as well as Article 5, paragraph 4, Article 6, paragraph 3, Article 7, paragraphs 3and 5, Article 8, paragraph 2 (only if you have outstanding fees or commissions owed to us), Article 9, Article 10, paragraph 4, Article 11, paragraph 3, Article 12, paragraph 3, Articles 13 through 17, 21, 23 and 24 shall survive the termination of the User Agreement; provided, however, that Article 17 shall survive the termination of the User Agreement only for a period of three (3) years.

 

Article 23 (Governing Law and Jurisdiction)

 

  1. These Terms of Use, etc. shall be governed by the laws of Japan.
  1. Any dispute arising between you and us in connection with the Service and these Terms of Use, etc. shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.

 

Article 24 (Consultation)

 

Cygnos and you shall, in accordance with the principle of good faith, mutually discuss and promptly resolve any matter not provided for in or any question of interpretation of, these Terms of Use, etc.

 

Established on November 1, 2020

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