SMP Portal Terms of Use

Seamoon Protocol (the "SMP") is a unique ecosystem concept aimed at sustainable economic development and the imagination of new age entertainment services using web3 technology, provided by DMM Crypto Co., Ltd. (the “Company").

The SMP Portal refers to a portal site that manages a wide range of services offered through applications (the "SMP Apps") related to SMP, introductions to SMP, SMP Accounts commonly used in SMP Apps, and royalty reward points granted by the Company. Customers (the "Users") using the SMP Portal must agree to the following SMP Portal Terms of Use (these “Terms") in advance ( such agreement will form a legally binding contract between the Users and the Company (this “Agreement”) ).

Chapter 1 General Rules

Article 1 (Definitions)

In these Terms, the terms listed in the following items have the meanings defined in the respective items.

(1) "SMP Account"means an account that can be commonly used in SMP Services and SMP Apps authenticated by SMP Auth. Details of the SMP Account will be governed by the separately defined "SMP Auth Terms of Use";

(2) "SMP Service" means a collective term for services and video games that use the SMP Portal and functions related to SMP. When referring to SMP Services excluding the SMP Portal, it is referred to as "SMP Individual Service";

(3) "Trade Medal"means royalty reward points granted for free to the Users when they meet certain conditions within the SMP Individual Service.

(4) "NFT" means a non-fungible token generated and recorded on the blockchain, which can be used within the SMP Individual Service or purchased and sold on marketplaces compatible with the SMP Service. Additionally, the detailed of NFT will be followed with the “NFT Terms of Use” separately established.

(5) "Crypto Asset"means a collective term for crypto Asset under the Payment Services Act of Japan, including Bitcoin. NFT and Crypto Asset are collectively called the “Asset” herein.

(6) "SMP Trade"means a feature that allows the Users to check the number of Trade Medals which they own within their SMP Account or convert Trade Medals into the Crypto Asset. Additionally, if the SMP Individual Service has a function that allows the Users to independently acquire Crypto Assets, the details shall be subject to the terms and conditions applicable to the SMP Individual Service.

(7) "Crypto Asset Exchange Tickets" means a royalty reward point service converted from Trade Medals obtained by the Users before converting them into a predetermined Crypto Asset.

Article 2 (Scope of Application)

  1. These Terms apply to the Users who use the SMP Portal and the functions provided by the SMP Portal. The "SMP Wallet Terms" are part of these Terms.
  2. The Users must use the SMP Portal in accordance with these Terms. The Users must also comply with all laws and regulations applicable to the use of the SMP Portal.
  3. In addition to these Terms, the Company may establish various rules (the "Individual Rules") such as rules for the use of the SMP Portal and functions provided by the SMP Portal. If these Terms and Individual Rules conflict with each other, the provisions of the Individual Rules will take precedence.

Article 3 (Role of SMP Portal)

  1. Through the SMP Portal, the Company will provide the Users with the following functions (for the avoidance of doubt, the functions in items (2) to (7) of this Article 3.1 may only be used by the Users who have the SMP Account):
    (1) "Introduction to SMP Individual Services" means the feature that will introduce services (including pre-sales and campaigns conducted for a specified period) that can be used on the SMP Portal by the Company or third parties, even if they do not use the SMP Individual Services and functions related to SMP;
    (2) "Management of SMP Accounts" means the feature that will allow the Users to apply for changes to the registered information of the Users’ SMP Account and withdraw from it;
    (3) "Management of Trade Medals" means the feature that will allow the Users to check the number of Trade Medals owned by the Users;
    (4) "Conversion of Trade Medals to Crypto Asset" means the feature that will allow the Users to convert Trade Medals into Crypto Asset;
    (5) “Management of Assets” means (i) receiving, storing, displaying, and sending Crypto Assets, (ii) receiving, storing, displaying, and sending NFTs, and (iii) other related functions;
    (6) "SMP Wallet" means the tools that the Users use for maintaining their private keys within the SMP Portal and SMP Apps on their own devices; or
    (7) in addition to the preceding items, other functions that the Company will add from time to time.

  2. The details of the functions set forth in items (3) through (7) of article 3.1 shall be available for the Users upon the functions’ implementation on the SMP Portal. The functions of items (3) and (4) of article 3.1 shall be subject to"Chapter 4 SMP Trade", and the functions of item (6) of article 3.1 shall be subject to the "SMP Wallet Terms of Use".

    In addition, the "SMP Wallet Terms of Use" will apply to the SMP Wallet specified in item (6) of article 3.2.

  3. The Users who wish to sell or purchase NFTs obtained through the SMP Service must use a marketplace compatible with the SMP Service, and in doing so, the Users must agree to and comply with the “Terms of Use of the Marketplace”.

  4. The Company may outsource all or part of the operation of the functions set forth in article 3.1 to a third party (the “Contractor").

Article 4 (Handling of User's Personal Information)

  1. The Company will use and share the personal information obtained from the Users while the Users’ using the SMP Portal to the extent of complying with the conditions described in the SMP Privacy Policy (URL: https://seamoon.dmm.com/privacy/). The Users’ information to be shared, the manager in the shared use, etc. will be as described in the SMP Privacy Policy.
  2. The Company will not provide the Users' personal information to third parties without the Users' consent, except as provided in laws and regulations and the SMP Privacy Policy, and unless separately consented to by the Users.

Article 5 (Interruption; Change; Termination)

  1. The Company may temporarily interrupt the provision of the SMP Portal in the following cases (The Company will not assumes any responsibility to the Users for such interruptions.):
    (1) if regular or emergency maintenance and inspections of the equipment necessary for the provision of the SMP Portal are carried out;
    (2) if a failure or breakdown occurs in the equipment used to provide the SMP Portal;
    (3) if the use of telecommunications services becomes impossible due to services provided by telecommunications carriers;
    (4) In case of power outage, fire, earthquake, labor dispute or other force majeure making it difficult to provide the SMP Portal; or
    (5) in addition to the preceding items, if there are reasonable operational or technical reasons for the interruption of the SMP Portal.
  2. The Company may change or terminate all or part of the functions of the SMP Portal by announcing or notifying the Users. Even if the Company changes or terminates all or part of the functions of the SMP Portal, the Company shall not be liable to the Users in any way.

Article 6 (No Warranty)

The Company will not warrant, either explicitly or implicitly, that the SMP Portal is free of defects (including defects related to security, errors or bugs, infringements of rights, etc.), safe, reliable, accurate, complete, effective, or fitness for a particular purpose. The Company has no obligation to remove such defects and provide the SMP Portal to the Users.

Article 7 (Disclaimer)

  1. The Company will not warrant the fitness for a particular purpose, usefulness, accuracy, up-to-date, reliability, security, completeness, etc. of the SMP Portal.
  2. Except in cases of willful misconduct or gross negligence, the Company shall not be liable for any damages arising from the use or inability to use the SMP Portal, etc. by the Users.
  3. Except in cases of willful misconduct or gross negligence, the Company shall not be liable for any damages to the Users caused by the following reasons:
    (1) Despite the Company taking reasonable safety measures, fraudulent acts such as unauthorized access or the introduction of computer viruses by a third party; or
    (2) Interruption, delay, inability or data loss of the provision of the SMP Portal, etc. due to failure of communication lines, systems or servers, etc.

Article 8 (Damages)

  1. If the Users violate these Terms and thereby cause damage to the Company, the Users shall be responsible for compensating for all such damage (including reasonable attorney fees, but not limited to).
  2. If the Users receive any claims, assertions, demands, objections, etc. from a third party, including other Users of the SMP Portal, in relation to the use of the SMP Portal (the "Claims etc."),the Users shall, at their own risk and responsibility, handle and resolve such Claims etc. and, if the Company suffers any damage in relation to such Claims etc., the Users shall be responsible for immediately compensating for all such damages. If the Company handles and resolves such Claims etc., all costs required for such handling and resolution shall be borne by the Users.

Article 9 (Prohibited Acts)

The Users must not engage in the following actions when using the SMP Portal:

(1) Actions that violate laws, court judgments, decisions or orders, or legally binding administrative measures;

(2) Actions that promote illegality or illegal acts;

(3) Actions that infringe on the intellectual property rights of the Company or a third party, such as copyrights, trademark rights, patent rights, reputation rights, privacy rights, and other legal or contractual rights;

(4) Actions that may be contrary to public order and morals;

(5) Providing benefits to antisocial forces or cooperating in their activities;

(6) Using the SMP Portal as an advertising medium for third parties without the prior consent of the Company (including, but not limited to, advertising third-party products or services using the SMP Portal);

(7) In case of transmitting advertisements, messages, etc. (the "Advertisements etc.") using the SMP Portal, identifying the attributes of the Users who come into contact with the Advertisements etc. (including, but not limited to, specifying individual transition destinations according to attributes at the time of transmitting Advertisements etc., and adding specific information that can track transition routes in the URL specifying the transition destination);

(8) Actions that impersonate the Company or a third party, or intentionally disseminate false information;

(9) Illegally collecting, disclosing or providing personal information, registration information, usage history information, etc. of third parties;

(10) Posting or transmitting expressions that are excessively violent, explicitly sexual, discriminatory based on race, nationality, creed, gender, social status, family origin, etc., leading to suicide, self-harm, drug abuse, or other antisocial content that makes others uncomfortable;

(11) Actions for the purpose of sexual acts or obscene acts, actions for the purpose of meeting or dating an unfamiliar person of the opposite sex, actions for the purpose of harassing or defaming other Users, or using the SMP Portal for purposes other than those intended by the SMP Portal;

(12) Transmitting content that other Users or third parties may find annoying or troublesome;

(13) Actions that may disrupt the servers or network systems of the SMP Portal;

(14) Actions that interfere with the operation of the SMP Portal by the Company or the use of the SMP Portal by other Users;

(15) Intentionally exploiting defects in the SMP Portal;

(16) Making unjust inquiries or demands to the Company;

(17) Assisting or promoting actions that fall under any of the above items from (1) to (16); or

(18) Any other actions that the Company deems inappropriate.

Article 10 (Changes to these Terms)

The Company may change these Terms as necessary, based on laws and regulations, by announcing or notifying Users. In this case, the content and effective date of the changed Terms will be displayed on the SMP Portal or notified to the Users by the Company determined manners, and the changed Terms will take effect from the effective date.

Article 11 (Governing Law, Jurisdiction)

These Terms shall be governed by and construed in accordance with the laws of Japan, without regard to principles of conflicts of laws. Any dispute, action, claim or cause of action arising out of or in connection with this Agreement, these Terms or their subject matter, formation, any question of their existence, validity or termination including without limitation non-contractual disputes or claims (collectively, the “Disputes”) shall be exclusively and finally settled by arbitration in the defendant domicile in accordance with the Arbitration Rules of the International Chamber of Commerce (the “ICC”) in Tokyo, Japan for arbitration which shall be conducted in English language, and accordance with the ICC’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both the Company and the Users.

The Disputes shall be brought in the Users‘ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The Users hereby agree that for any Disputes, the Users waive any right to a trial (by judge or jury), the Users waive any right to participate as a member of a class in a class action or similar proceeding.

Chapter 2: SMP Individual Services

Article 1 (Provision of SMP Individual Services)

  1. The Users need to authenticate their SMP account in accordance with the SMP Account Terms of Use in order to use the services of the Company or third parties available from the SMP Portal without utilizing the functions related to SMP Individual Services and SMP (including presales, campaigns, etc. conducted for a certain period, collectively the "SMP Individual Services etc.").
  2. When using SMP Individual Services etc., the Users must prepare necessary personal computers, mobile phones, smartphones and other communication devices, operating systems, communication methods and power, etc. at their own risk and responsibility.
  3. When the Users use SMP Individual Services etc., the Users must understand the terms and conditions of use, such as usage fees and usage periods, and the terms and conditions of use, and use them at their own responsibility.
  4. The responsibility for services or content provided by third parties other than the Company included in SMP Individual Services etc. shall be borne by the relevant third parties.

Article 2 (Use of SMP Individual Services)

  1. The Users will be granted non-transferable and non-exclusive usage rights for SMP Individual Services by the Company or a third party.
  2. Even if "purchase", "sale", etc. are displayed on the screen of SMP Individual Services, the intellectual property rights and other rights related to the services and content provided by the Company or a third party to the Users will not transfer to the Users, and only the usage rights mentioned in article 2.1 are granted to the Users.
  3. Unless otherwise specified by the Company, the Users may not use (including copying, transmitting, reposting, modifying) SMP Individual Services and the content and data that compose them beyond their purpose of provision. If the Users use such content and data beyond the purpose of provision, the Company has the right to stop such actions and demand an amount equivalent to the profit obtained by the Users from such actions.
  4. The Users may use crypto asset wallets such as MetaMask (the "Third-Party Wallets") provided by third parties other than SMP Wallet at Users’ own risk and responsibility, however the Company will not warrant compatibility with Asset, SMP Apps etc., fitness for particular purposes, usefulness, accuracy, up-to-dateness, certainty, safety, completeness, or all others.

Article 3 (Warranty and Change)

The Company will not explicitly or implicitly guarantee that there are no defects (including security-related defects, errors or bugs, infringement of rights, etc.) in the content of SMP Individual Services etc., their safety, reliability, accuracy, completeness, effectiveness and fitness for particular purposes, and the continuity of provision of SMP Individual Services etc. The Company will not have an obligation to provide SMP Individual Services etc. by removing these defects to the Users.

Chapter 3: SMP Account Management

The Users shall apply in the prescribed manner from the SMP Portal if the registration information of the SMP Account is changed or if the SMP Account is deleted. The handling of the SMP Account shall be governed by the provisions of the SMP Auth Terms of Use.

Chapter 4: SMP Trade

Article 1 (Granting of Trade Medal)

  1. While the Users meet the specific conditions prepared by the operator of the SMP Apps that provides SMP Individual Services (such operator, the "App Operator") or view the web Ad shown on the SMP Service, the Users will be granted Trade Medal issued associated with each SMP Apps for free.
  2. In the event that the granting of the Trade Medal based on article 1.1 is not correctly reflected due to a program or system malfunction, the Company may adjust the quantity of the Trade Medal with the Company's authority and change it to the correct quantity of the Trade Medal.
  3. The Trade Medal granted in article 1.1 vests to the individual Users and cannot be shared, combined, gifted, leased, pledged, distributed or transferred with a third party.
  4. Even if a third party other than the Users meet such specific conditions described in article 1.1, the Company will judge it as a play by the Users themselves and grant the Trade Medal to such Users.
  5. Even if the granting of the Trade Medal from the Company is delayed or cannot be granted due to the Users' negligence in applying for a change in the registration content of his/her SMP account, or due to incorrect registration information, the Company bears no responsibility for any disadvantage or inconvenience caused to the Users except for the Company’s willful misconduct or gross negligence.

Article 2 (Issuing Crypto Asset Exchange Tickets)

  1. The Users can check the amount of Trade Medal granted to them in specific events on the SMP Portal.
  2. The App Operator will divide the period of events in the SMP App into multiple rounds (each round, the "Round"), set the Crypto Assets etc. to be pooled for each Round, and make it public in the SMP Portal, the Users shall be able to check these on the SMP Portal.
  3. The Users can enter any amount of Trade Medal granted in the event by the end of the specific round of the event, and after the end of the round, the Crypto Assets pooled in the round will be distributed to the Users according to the proportion of the quantity of Trade Medal entered by the Users, and will be granted as virtual reward points.
  4. The Users shall enter all of the Trade Medal granted in the event in the rounds of the event, and the remaining Trade Medal which the Users do not enter by the deadline of the event entry will automatically expire upon the end of the deadline.

Article 3 (Withdrawal of Crypto Asset)

  1. The Users can confirm the quantity (cumulative) of the Users’ own Crypto Asset Exchange Tickets and the quantity of Crypto Asset that can be withdrawn with such Crypto Asset Exchange Tickets.
  2. If the Users wish to receive the withdrawable Crypto Asset confirmed in article 3.1, the Users shall apply for withdrawal on the SMP Portal. In response to this application, the Company will send the Crypto Asset withdrawn by the Users directly to the Users’ crypto wallet designated by the Users or via the outside Crypto dealing service.
  3. The Users cannot refund the Crypto Asset withdrawn based on article 3.2.
  4. The Crypto Asset Exchange Tickets will expire one year (the "Usage Period") since granted to the Users, and the Company will not assume responsibility for such expiration. However, if the Company sets a lock-up period for the Crypto Asset Exchange Tickets, the Usage Period will start on the date when the lock-up period expires.
  5. Taxes, fees, and other costs arising from withdrawn Crypto Asset are borne by the Users.

Article 4 (Cancellation of Granting of Trade Medal and Crypto Asset Exchange Tickets)

The Company may cancel some or all of the Trade Medal and the Crypto Asset Exchange Tickets granted to the Users in the event of any of the following (In addition, the Company will not compensate for the canceled Trade Medal and Crypto Asset Exchange Tickets, and will not be responsible for them):

(1) if the App Operator requests the cancellation of the granting of Trade Medal and the Company deems the request to be legitimate;

(2) if the Users violate these terms;

(3)if it can be reasonably judged that more Trade Medal and Crypto Asset Exchange Tickets than should be granted to the Users have been granted due to system bugs, etc.;

(4) if the Users refuse to provide information necessary for the granting of Trade Medal and Crypto Asset Exchange Tickets to the Company;

(5) if the Company deems it appropriate to cancel the Trade Medal and Crypto Asset Exchange Tickets granted to the Users for other reasons.

Effective July 30, 2024

Last updated: October 1, 2024

Appendix: SMP Wallet Terms of Use

The SMP Wallet is a tool available within the SMP Apps that have the functions that the Users use for maintaining their private keys within the SMP Portal and SMP Apps on their own devices provided by DMM Crypto Co., Ltd. (the “Company").

While the Users’ using the SMP Wallet and accepting particular service described in article 4.2 of the following SMP Wallet Terms of Use (the "Wallet Terms"), in order to open an SMP Wallet within the SMP Apps and use these functions, the Users must fully understand and agree to the contents of the Wallet Terms in addition to these Terms.

Article 1 (Application)

  1. Various terms, precautions, guidelines, rules, etc. established by the Company related to SMP Wallet, regardless of their names, constitute part of these Terms. In addition, if the provisions of the Wallet Terms differ from the provisions of the rules, etc., will take precedence.
  2. Matters not stipulated in the Wallet Terms shall be governed by the provisions of these Terms.
  3. For the operation of SMP AUTH and SMP Account, the SMP Account Terms of Use shall apply to matters not stipulated in the Wallet Terms.

Article 2 (Opening of SMP Wallet)

  1. The Users shall apply for the opening of the SMP Wallet in the manner specified by the Company. In applying for this, the Users must have effectively authenticated their SMP Account, and the Users shall log in the SMP Wallet with their SMP Account.
  2. Applications for opening an SMP Wallet must be made by the Users who will use the SMP Wallet, and applications by representatives are not allowed.
  3. Only one SMP Wallet can be opened per SMP Account, and the Users cannot open multiple SMP Wallets with one SMP Account.
  4. The Users may use crypto asset wallets such as MetaMask (the "Third Party Wallets") provided by third parties other than SMP Wallet at their own risk and responsibility, however the Company, regarding third-party wallets, will not warrant compatibility with Asset, SMP Apps, etc., fitness for particular purposes, merchantability, accuracy, up-to-dateness, reliability, safety, completeness, or anything else.

Article 3 (Use of SMP Wallet)

  1. The Users can use the SMP Wallet at their own responsibility in accordance with these terms and the Wallet Terms.
  2. The Users shall take security measures at their own responsibility when using the SMP Wallet.
  3. The Users will be responsible for and bear the costs of preparing and maintaining the computer, smartphone and other equipment, communication lines and other communication environments, etc. necessary to use the SMP Wallet.
  4. The Users shall take security measures such as preventing computer virus infection, unauthorized access and information leakage at their own responsibility and expense according to their own SMP Wallet usage environment.
  5. In order to use the SMP Wallet, the Users may need to use services provided by third parties. When using services provided by third parties, the Users must comply with the terms and conditions separately established by the third parties. The Company bears no responsibility for any damages incurred by the Users due to (1) use of third-party provided services, (2) disputes between the Users and third parties, etc., except in cases of the Company’s willful misconduct or gross negligence.

Article 4 (Management of SMP Account etc.)

  1. The Users shall manage and store their SMP Account, ID Token and Private Key properly and strictly at their own responsibility, and shall not allow third parties to use them, or lend, transfer, change the name, sell or buy them.
  2. The Users shall manage and store the ID Token and Private Key specified in article 4.1 by authentically using a third party service designated by the Company (the "Designated Service"). Additionally, before using the Designated Service, the Users shall carefully read the terms of use, privacy policy, etc. of the Designated Service, and the Company shall not be responsible for the Users' use of the Designated Service.
  3. The Users may manage and store the ID Token and Private Key at their own risk by also using third parties’ services other than the Designated Service.
  4. The Company can regard the use of the SMP Wallet using the SMP Account, ID Token or Private Key as an act by the Users related to the SMP Account, ID Token or Private Key.
  5. The Users are deemed to have agreed in advance that if they lose any of their SMP Account, it will be impossible to use the SMP Wallet and it will be impossible for the Company to provide any relief regarding the SMP Wallet. However, the Company bears no responsibility for this, except in cases of the Company’s willful misconduct or gross negligence.

Article 5 (Consignment)

The Company may entrust a part of the provision of the SMP Wallet Service to its group companies or other third parties.

Article 6 (Handling of Users' Personal Information)

  1. The Company will use the personal information the Company has obtained from the Users’ using the SMP Wallet within the scope compliant with the contents stated in the SMP Privacy Policy (URL: https://seamoon.dmm.com/privacy/), and the Company will share it. The Users’ information to be shared, the responsible person for management in the shared use, etc., shall be as stated in the SMP Privacy Policy.
  2. Except in cases stipulated by laws and regulations and the SMP Privacy Policy and when the Company has obtained individual consent from the Users, the Company will not provide the Users' personal information to third parties without the Users' consent.

Article 7 (Suspension; Change; Termination)

  1. The Company may temporarily suspend the provision of the SMP Wallet in the following cases (Even if the Company have temporarily suspended the provision of the SMP Wallet, the Company shall not be liable to the Users in any way) :
    (1) if regular or emergency maintenance, inspection, etc. of the equipment necessary for the provision of the SMP Wallet is performed;
    (2) if a failure or malfunction occurs in the equipment used to provide the SMP Wallet;
    (3) if the use of telecommunication services becomes impossible due to the services provided by telecommunications carriers;
    (4) if it is difficult to provide the SMP Wallet due to power failure, fire, earthquake, labor dispute, or other force majeure; or
    (5) Other cases where there is a reasonable reason from the operation or technical aspect of the SMP Wallet.

2. The Company may change or terminate all or part of the SMP Wallet by announcing or notifying the Users. Even if the Company has changed or terminated all or part of the SMP Wallet, the Company shall not be liable to the Users in any case.

Article 8 (Disclaimer)

  1. The Company will not guarantee, either explicitly or implicitly, that the receipt, storage, display, transfer (including the transfer of Crypto Asset between the Users) of Asset, the receipt, storage, display, transfer (including the transfer of NFTs between the Users) of NFTs, other related services, and the value, function, usage destination, and usage of Asset (1) are fitting for the Users' particular purposes, (2) achieve specific results, (3) can be used well in any OS, web browser, or app version, (4) have expected functions, merchantability, accuracy, safety, usefulness, or legality, (5) will not infringe third party rights, (6) can be used continuously, (7) will not have interruptions, suspensions, or other obstacles, (8) will not have bugs or defects, and (9) will not have hacking or theft.
  2. The Users shall investigate at his/her own responsibility and risk whether the use of the SMP Wallet violates the laws, ordinances, regulations, orders, directives, ordinances, guidelines, and other regulations applicable to the Users (the "Laws and Regulations"). The Company will not guarantee in any way that the use of the SMP Wallet by the user conforms to the Laws and Regulations applicable to the Users.
  3. Transactions, communications, disputes, etc. that arise between the Users and other Users or other third parties in connection with the SMP Wallet shall be handled and resolved at such Users' own responsibility, and the Company shall not be responsible for such matters, except in case the Company’s willful misconduct or gross negligence.
  4. The Company shall not be liable to compensate for any damage suffered by the Users due to the suspension, interruption, termination, unavailability, or change of the SMP Wallet by the Company, the loss of data or damage or failure of equipment due to the use of the SMP Wallet, and any other damage related to the provision of the SMP Wallet, except in case of the Company’s willful misconduct or gross negligence.
  5. Due to system malfunctions of the Company or malfunctions of the User's terminal or web browser, or operations outside the scope of the Wallet Terms, there may be effects on the display of the amount of Crypto Asset held in the SMP Wallet or the speed of remittances, etc. However, the Company shall not be liable to compensate for any damage suffered by the Users in connection with this service in these cases, except in case of the Company’s willful misconduct or negligence.
  6. Even if damage occurs to the Users due to future changes in laws and regulations or taxation systems for the Asset, the Company shall not be liable to compensate for it.
  7. Even if damage occurs to the Users due to the retroactive effect of future changes in laws and regulations or taxation systems for Asset, the Company shall not be liable to compensate for it retroactively.
  8. Even if the Users suffer a loss due to price fluctuations in Asset, the Company shall not be liable to compensate the Users except in case of the Company’s willful misconduct or gross negligence.
  9. The SMP Wallet may be linked with external services, but the Company will not guarantee in any way that the Users can use such external services in the link.
  10. When using external services linked with the SMP Wallet, the Users shall (1) comply with the terms of use and other conditions of the external service at the Users' own expense and responsibility, and (2) in the event of a dispute, etc. with the provider of the external service, the Users shall handle it at the Users' own expense and responsibility.
  11. The Company’s liability for the SMP Wallet shall be limited only to the extent restricted according to each clause of the Wallet Terms. The Company shall not be liable for matters that the Company will not warrant in each clause of the Wallet Terms, matters that the Company will not assume responsibility for, matters that the Company makes the Users' responsibility, except in case of the Company’s willful misconduct or gross negligence. Also, even if the Users suffer damage in connection with the SMP Wallet, the Company shall not be liable except in case of the Company’s willful misconduct or gross negligence.
  12. When the Users suffer damage in connection with the SMP Wallet due to the Company’s willful misconduct or gross negligence, the Company shall be responsible only for the direct and ordinary range of damage that has actually occurred to the Users, regardless of the cause of the claim such as breach of contract, tort, etc., and the Company shall not be responsible for consequential damages, indirect damages, special damages, future damages, and damages related to lost profits.

Article 9 (Damages)

  1. If the Users violate the Wallet Terms and thereby cause damage to the Company, the Users shall be responsible for compensating all the damage (including reasonable attorney's fees, but not limited to these) immediately.
  2. If the Users receives claims, assertions, demands, claims, objections, etc. (the "Claims, etc.") from third parties including other Users in connection with the SMP Wallet, that the Users has infringed the rights of the third party, etc., the Users shall handle and resolve the claims, etc. at his/her own expense and responsibility, and if the Company suffers any damage in connection with the claims, etc., the Users shall be responsible for compensating all the damage immediately. If the Company handles and resolves the claims, etc., all the costs required for the handling and resolution shall be borne by the Users.

Article 10 (Prohibited Acts)

In using the SMP Wallet, the Users must not perform the acts specified in each of the following items:

  1. Acts that directly or indirectly infringe the intellectual property rights, portrait rights, privacy rights, honor, or other rights or interests of the Company or other Users, external app operators, or other third parties, or acts that may do so;
  2. Acts related to criminal acts or acts contrary to public order and morality;
  3. Acts that violate or are likely to violate the Wallet Terms, laws, or internal rules of the Company or the industry association to which the Users belong;
  4. Sending information containing computer viruses or other harmful computer programs;
  5. Attempting unauthorized access to the SMP Wallet;
  6. Sending data over a certain data capacity set by the Company through the SMP Wallet;
  7. Impersonating the Company or a third party, or deliberately spreading false information;
  8. Allowing a third party to use, lend, transfer, change the name, sell, etc., or otherwise dispose of the SMP Wallet;
  9. Without obtaining the Company’s prior consent, reproducing, copying, modifying, altering, publicly transmitting, distributing, transferring, lending, translating, etc., the tangible or intangible components that constitute the SMP Wallet;
  10. Reverse engineering, decompiling, disassembling, or other acts that interfere with the Company’s service servers or network systems;
  11. Using any technical means to manipulate the SMP Wallet unfairly;
  12. Intentionally exploiting the flaws in the SMP Wallet;
  13. Acts such as repeatedly asking the same question unnecessarily, making unreasonable inquiries or requests to us, etc., that may hinder the Company’s provision of the SMP Wallet;
  14. Acts that interfere with the use or enjoyment of the SMP Wallet by other Users;
  15. Illegally or unfairly collecting, disclosing or providing personal information, registration information, usage history information, etc. of other Users;
  16. Any interaction or involvement with antisocial forces, such as cooperating or being involved in the maintenance, operation, and management of antisocial forces through funding, etc.;
  17. Assisting or promoting acts that fall under any of the preceding items; or
  18. in addition to the preceding items if the Company reasonably judges to be inappropriate based on reasonable grounds

Article 11 (Restrictions on Use of SMP Wallet)

The Company may restrict the use of the SMP Wallet, such as not allowing the use or suspending the use, if the Company determines Users fall under any of the following items. The following items are examples, and even if the Company receive inquiries about specific judgment criteria and restrictions on the use of the SMP Wallet, the Company will not have an obligation to respond:

(1) If the Users are selling products or providing services that are likely to be used for crimes;

(2) If the Users are engaged in acts that may constitute or promote illegal acts or criminal acts;

(3) If the Users are engaged in the illegal or unfair buying, selling, intermediation, or brokering of other people's personal information, registration information, usage history information, etc.;

(4) If the Users are engaged or likely to engage in acts that violate laws or public order and morals;

(5) If the Users are accessing the SMP Wallet by hacking or other illegal acts and are likely to monitor, reproduce, sell, etc. all or part of the SMP Wallet;

(6) If the use of the SMP Apps that opened the SMP Wallet has been suspended; or

(7) Other cases where the Company judges that the use of the SMP Wallet is inappropriate

Article 12 (Changes to Terms)

The Company may change these Terms as necessary, based on laws and regulations, by announcing or notifying the Users. In this case, the Company will make the contents of these Terms after the change and the effective date known to the Users by displaying them on the SMP Portal or by notifying the Users in a way the Company designates. The changed terms will take effect from the effective date.

Article 13 (Governing Law, Jurisdiction)

These Terms shall be governed by and construed in accordance with the laws of Japan, without regard to principles of conflicts of laws. Any dispute, action, claim or cause of action arising out of or in connection with this Agreement, these Terms or their subject matter, formation, any question of their existence, validity or termination including without limitation non-contractual disputes or claims (collectively, the “Disputes”) shall be exclusively and finally settled by arbitration in the defendant domicile in accordance with the Arbitration Rules of the International Chamber of Commerce (the “ICC”) in Tokyo, Japan for arbitration which shall be conducted in English language, and accordance with the ICC’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both the Company and the Users.

The Disputes shall be brought in the Users‘ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The Users hereby agree that for any Disputes, the Users waive any right to a trial (by judge or jury), the Users waive any right to participate as a member of a class in a class action or similar proceeding.

Effective July 30, 2024

Last updated: October 1, 2024