Terms and Conditions

These Terms and Conditions (hereinafter referred to as “the Terms”) set forth the conditions for using the SmileCap service (hereinafter referred to as “the Service”) provided by CAP Inc. (hereinafter referred to as “the Company”). Registered users of the Service (hereinafter referred to as “Users”) agree to use the Service in accordance with these Terms.

Article 1 (Application)

These Terms shall apply to all aspects of the relationship between the User and the Company in connection with the use of the Service.

Article 2 (Definitions)

In these Terms, the following terms shall have the meanings set forth below.

（1）Service” means the SmileCap service provided by the Company.

（2）“User” means any individual or legal entity that has registered for the Service.

（3）Content” means any text, images, videos, audio, or other information submitted, transmitted, or distributed by a User through the Service.

Article 3 (Amendments to these Terms)

The Company may revise these Terms without obtaining the individual consent of Users in the following cases.

(1) When the amendment to these Terms conforms to the general interests of the Users.

(2) When the amendment does not conflict with the purpose of the Service Agreement and is reasonable in light of the necessity of the amendment, the appropriateness of its revised provisions, and other relevant circumstances.

Article 4 (Use by Minors)

In order for a minor to use the Service, the consent of their legal guardian is required.

Article 5 (User Registration and Account Management)

In order to use the Service, an applicant must apply for registration in the manner prescribed by the Company after agreeing to these Terms. The registration shall be deemed complete upon the Company’s approval of such application.

Users shall be responsible for properly managing their account information for the Service at their own risk.

Article 6 (Handling of Personal Information)

The Company shall handle personal information obtained through the use of the Service in accordance with its Privacy Policy and in an appropriate manner.

Article 7 (Provision, Modification, and Suspension of the Service)

The Company reserves the right to modify the content of the Service or discontinue its provision at any time without prior notice to the User. The Company shall not be liable for any damages incurred by the User as a result thereof.

Article 8 (Ownership of Rights and License of Use)

All intellectual property rights related to the Service are owned by the Company or by third parties that have granted licenses to the Company. The license to use the Service granted under these Terms does not constitute a license to use any intellectual property rights of the Company or such third parties.

Article 9 (Use of Third-Party Services)

In connection with the Service, third-party services may be utilized. Such services shall be governed by the terms and conditions established by their respective providers.

Article 10 (Prohibited Conduct)

Users shall not engage in any of the following acts when using the Service.

(1) Acts that violate laws or public order and morals

(2) Acts related to criminal activities

(3) Acts that infringe on copyrights, trademarks, or other intellectual property rights included in or related to the content of the Service

(4) Acts that damage or interfere with the servers or networks of the Company, other users, or any third parties

(5) Acts of using information obtained through the Service for commercial purposes

(6) Acts that may interfere with the operation of the Company’s Service

(7) Acts of unauthorized access or attempts thereof

(8) Acts of collecting or storing personal information or other data related to other users

(9) Acts of using the Service for unlawful or improper purposes

(10) Acts that cause disadvantage, damage, or discomfort to other users of the Service or to any third parties

(11) Acts of impersonating other users

(12) Advertising, promotion, solicitation, or commercial activities on the Service without the Company’s permission

(13) Acts intended to meet or interact with unfamiliar members of the opposite sex

(14) Acts that directly or indirectly provide benefits to antisocial forces in connection with the Company’s Service

(15) Any other acts deemed inappropriate by the Company

Article 10-2 (Responsibility for Content and Disclaimer Regarding External Distribution)

Users are solely responsible for the legality, accuracy, completeness, usefulness, safety, and all other aspects of any content they post or submit.

The Company shall not be obligated to review any content posted or submitted by users in advance.

Article 10-3 (Reporting, Investigation, and Cooperation with Authorities)

The Company may disclose user information when required by law or upon request from the appropriate authorities.

Article 11 (Suspension of Eligibility and Refusal of Registration)

The Company may, without prior notice, restrict a user’s access to all or part of the Service, or terminate the user’s registration, if the user falls under any of the following circumstances.

(1) If the user violates any provision of these Terms.

(2) If it is found that the information provided during registration is false.

(3) If the credit card provided by the user as a payment method becomes suspended or invalid.

(4) If the user fails to fulfill payment obligations for fees or other charges.

(5) If the user fails to respond to communications from the Company within a specified period.

(6) If the user has not used the Service for a certain period since the last use.

(7) If the Company determines that the user’s use of the Service is otherwise inappropriate.

Article 12 (Company’s Authority to Delete or Suspend)

The Company may, without prior notice, delete any user-submitted data and restrict the user’s access to all or part of the Service if the user falls under any of the following circumstances.

Article 13 (Termination)

A user may withdraw from the Service by following the withdrawal procedures prescribed by the Company.

Article 14 (Disclaimer of Warranties and Limitation of Liability)

The Company makes no express or implied warranties that the Service is free from any actual or legal defects, including but not limited to defects, errors, or bugs related to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, or infringement of rights.

Article 15 (Damages and Indemnification)

The Company shall not be responsible for any transactions, communications, or disputes that arise between the user and other users or third parties in connection with the Service.

Article 16 (Assignment of Rights and Obligations)

A user may not transfer or assign to any third party, nor use as collateral, their position under the Service Agreement or any rights or obligations under these Terms without the Company’s prior written consent.

Article 17 (Communications and Notices)

All communications and notices from the Company to the user regarding the Service shall be made in accordance with the methods prescribed by the Company.

Article 18 (Governing Law and Jurisdiction)

These Terms shall be governed by and construed in accordance with the laws of Japan.

In the event of any dispute arising in connection with the Service, the courts having jurisdiction over the Company’s principal office shall have exclusive jurisdiction.

Article 19 (Contact Information)

For inquiries regarding these Terms, please contact the following office:

CAP Inc.

2F-C, Shibuya Dogenzaka Tokyu Building, 1-10-8 Dogenzaka, Shibuya-ku, Tokyo 150-0043, Japan

E-mail: info@capfan.com