These Terms of Service (“Terms”) set forth the conditions for dressmaking simulation service called ‘SewingLab’ (“Service”) provided by SewingLab (“SewingLab”) and shall apply to the Users, Applicant and Partner Applicant (definition will be provided in Article 2). Users and Applicant are encouraged to read these Terms prior to the use of the Service. Users may not use the Service unless they have consented to these Terms.  

Chapter 1 General Rules

Article 1 (Applicable Scope）

1. These Terms set forth the rights and obligations between SewingLab and Users regarding the conditions for the provision and the use of the Service and shall apply to any and all relations between the Users and SewingLab (regardless of the type of terminals such as PC, mobiles, and the type of applications or system such as website, applications for smartphones, platform or operating system being used).

2. If SewingLab publishes separate provisions or additional provisions (“Additional Provisions”) for the Service to a screen in the Service, the SewingLab’s Apps or the SewingLab’s Website (defined in Article 2) or SewingLab sends the Additional Provisions to Users by email, such Additional Provisions shall constitute a part of these Terms. If such Additional Provisions conflicts with these Terms, such Additional Provisions shall prevail.

Article 2 (Definition)

1The following terms used herein shall have the meanings set forth below.

(1) “SewingLab’s Apps” means an application to provide the Service operated by SewingLab.

(2) “SewingLab’s Website” means a website to provide the Service operated by SewingLab. (https://partner.sewinglab.com/)

(3) “Applicant” means a corporate or an individual who wishes to register and use the Service according to Article 5.

(4) “Registered User” means a corporate or an individual who has registered as a user of the Service according to Article 5.

(5) “Paid Member” means the Users who have registered as Paid Member in accordance with the method separately specified by SewingLab.

(6) “Paid Services” means services and functions to be provided by SewingLab to the Paid Member. The details of Paid Services shall be separately specified by SewingLab.

(7) “Guest” means a corporate or an individual who use the Service without registering.

(8) “Partner Applicant” means corporate or an individual who wishes to use the Service as a Partner according to Article 12.

(9) “Partner” means a corporate or an individual who has registered for the Service according to a manner separately specified by SewingLab under Article 12.

(10) “Users” means the Registered User, the Guest, and the Partner who uses the Service.

(11) “Content” means any information to which the Users may access in the Service, the SewingLab’s App, or on the SewingLab’s Website (including, but not limited to, texts, images, and other data.).

(12) “Registered User Content” means the Content which the Registered User post, record, upload or send in on the Service. (including favorites prescribed in Item 3, Paragraph1, Article 6).

(13) “Partner Content” means the Content which the Partner post, record, upload or send on the SewingLab’s Website.

(14) “Users Content” means the Registered User Content and the Partner Content.

(15) “Intellectual Property Right” means all and any patents right, utility model right, trademark right, design right, copyright (including rights under Article 27 and Article 28 of the Copyright Act), and other intellectual property rights (including the right to apply for obtaining those rights and to register, renew or extend those rights) under any countries, states, regions, and jurisdictions.

(16) “Anti-Social Forces” means an organized crime group, a member of an organized crime group, a person for whom five (5) years have not yet passed since leaving an organized crime group, semi-regulars who are not a formal member of an organized crime group but are loosely allied with the organized crime group, a related company of an organized crime group, corporate racketeer, groups engaging in criminal activities under the pretext of conducting social campaigns or political activities, crime groups specialized in intellectual crimes, and other organizations conducting antisocial activities and its members.

(17) “Laws and Regulations” means general terms of laws, cabinet orders, notice, rules, order, directive, guideline, and other rules. /p>

Article 3 (Amendment)

1.If SewingLab deems necessary to do so, SewingLab may amend these Terms in the following manner:

(1)If the amendment conforms to the general interest of the Users.

(2)If the amendment does not run afoul of the purpose of these Terms and is reasonable in light of circumstances concerning such as the necessity of the amendment, and the appropriateness of the details of the amended conditions.

2. In the case set forth in the preceding paragraph, SewingLab shall post the fact that it will amend these Terms, its amended content, and the effective date of the amendment on the SewingLab’s Website, the SewingLab’s App or in the Service, or shall notify the Users thereof in a manner which is deemed appropriate by SewingLab including electromagnetic records such as email, no later than two (2) weeks prior to the date when such amendments become effective. 

3. If the Users do not agree to the amendment hereof, the Users shall terminate and stop the use of the Service a day before such amendments become effective. If the Users continue using the Service after the amendments become effective, the Users shall be deemed to have agreed on such amendments.

4. In addition to Paragraph 1 and Paragraph 2, SewingLab may amend these Terms with the consent of the Users in a manner specified by SewingLab.

Article 4 (Obligations of the Users)

1 The Users shall use the Service per the instructions of the Service or instruction manual separately prescribed by these Terms and SewingLab.

2 The Users shall warrant the accuracy of the registered information and any information provided to SewingLab during the period using the Service.

3 If there is a change in the registered information, the Users shall notify SewingLab of the change in a manner specified by SewingLab without delay.

4 The Users shall, at its own responsibility, properly maintain and keep the password and user ID or partner ID for the Service (“Users ID”) and may not allow or cause a third party to use, or lend, transfer, change of ownership or sell the same to a third party. SewingLab hereby acknowledges and agrees that in the event SewingLab verifies the combination of user ID and password, SewingLab will deem that the Users who have been registered as the holder of such the Users ID and password has used the Service, and the Users hereby acknowledges and agrees thereof in advance.

5 The Users shall be liable for any damage caused by the Users’ insufficient management, misuse, and the use by a third party of the password and the Users ID, and SewingLab shall not be in any way liable for the damages resulting from the Users’ failure to comply with the foregoing.

6 The Users shall immediately notify SewingLab and shall follow the instructions of SewingLab to resolve the matter upon discovery that the password and/or Users ID for the Service has been stolen or misappropriated by a third party.

7 The Users shall provide SewingLab with information that is deemed to be necessary by SewingLab for the Service or the maintenance of the Service upon request by SewingLab.

Chapter 2 Matters Concerning the Registered User

Article 5 (Registration)

1 The Applicant may apply for registration as a Registered User provided that the Applicant agrees to comply with these Terms and shall provide SewingLab with the certain information specified by SewingLab (“Registered Information”) in a manner specified by SewingLab.

2 If the Applicant falls under any of the following circumstances detailed hereunder, the Applicant may not apply for registration as the Registered User. If the Applicant falls under the circumstances during the terms hereof after completing the registration on the Service, the Applicant shall immediately notify SewingLab thereof. If SewingLab determines that the Applicant falls or likely to fall any of the following, SewingLab may deny the registration without giving prior notice or an ex post facto report to the Applicant. SewingLab shall not disclose the reasons for the rejection of the registration.

(1) the Applicant does not meet the requirements for registration provided in this Article or prescribed by SewingLab;

(2) any or all the Registration Information provided to SewingLab is found to be false, inaccurate, or omitted in whole or in part;

(3) the Applicant is either a minor, an adult ward, a person under curatorship, or a person under assistance under the law which applies to its own nationality and has not obtained the consent of legal representatives, a guardian, a curator, or an assistant;

(4) the Applicant is or is likely to be sentenced as guilty in a criminal proceeding.

(5) the Applicant is or was a member of the Anti-Social Force or has interaction or involvement with the Anti-Social Force;

(6) the Applicant has breached the contract with SewingLab and/or violated other agreements with SewingLab or has been rejected or revoked the registration of the Service or other services of SewingLab, or the Applicant falls under the category of relevant person hereof;

(7) the Applicant engages, or is likely to engage, in acts that breach these Terms; or

(8) in the circumstances that SewingLab determines that the registration by the Applicant is inappropriate.

3. When minors register for the Service, the minor may do so; provided, however, that the minor shall obtain the consent of its legal representative. Upon the completion of registration by such minor, the use of the Services and the content of these Terms shall be deemed to have been agreed by its legal representative. The Registered User of the SewingLab’ App shall be deemed to have ratified any and all juristic acts with respect to the Service, if the Registered User, who was minor at the time of registration, uses the Service after he or she has reached majority.

4. SewingLab shall, at its sole discretion, determines the acceptability of registration of the Applicant. If SewingLab accepts the registration of the Applicant, SewingLab shall notify the Applicant thereof. Registration of the Applicant shall be deemed to have been completed upon notice by SewingLab, and SewingLab shall grant the Applicant a user ID and a password at the same time upon the completion of such registration.

5. Upon the completion of the registration by the Applicant according to the preceding items, a service agreement according to the provisions hereof (“Service Agreement”) shall be deemed to have been concluded between the Applicant and SewingLab, and the Applicant as the Registered User may use the Service in accordance with the method specified by SewingLab to the extent of the purpose of these Terms and that the Registered User does not breach these Terms.

6. The Registered User may use the Paid Services provided that it agrees to pay to SewingLab a service fee (“Paid Services Fee) prescribed by SewingLab and become the Paid Member of the Paid Services by following the procedure prescribed by SewingLab. Upon the completion of the registration of the Paid Member, the service agreement for the Paid Services (“Paid Services Agreement”) shall be concluded between SewingLab and the Registered User.

Article 6 (The Content of User Service)

1.The Registered User may use the following function of the Service (“User Service”) by downloading SewingLab’s App.

(1)Upload, register, and manage the image data of fabrics and patterns to the Service.

(2)Combine the registered fabrics and patterns and simulate its combination image (“Combination Image”).

(3)Add the Combination Image to favorites.

(4)Obtain the image data of fabrics to be exhibited by the Partner.

(5)Record and manage the measurement data.

(6)Use functions specified by SewingLab.

2.The number of fabrics, patterns, favorites allowed to be saved in the Service, and the availability of measuring functions may vary by the status of the Registered User, the Paid Member or Guest, and the chosen plan.

3.The data of fabrics, patterns, and favorites allowed to be saved in the Service by the Registered User, who uses the Service free of charge, will be automatically deleted in the order of oldest to latest corresponding to the date of the upload if the number of the data exceeds the limit.

4.If the Partner changes or deletes the image data of fabrics exhibited by the Partner, such image data and the Combination Image created by using such image data may be deleted from the User’s registered favorite data.

5.SewingLab shall not be liable in any way for the deletion of the data prescribed in the paragraph 3 and 4 of this article except when there was willful misconduct or gross negligence of SewingLab.

Article 7 (Plan)

1.In the Service, the plan for the Users being provided by SewingLab shall be as follows, and each of the plan and its details such as fee shall be separately determined by SewingLab.

(1)Paid Member

(2)Free User

(3)Guest

2.The Users may, at any time, change the plan in accordance with the method prescribed in the SewingLab’s App during the use of the Service.

3.With a change to the plan made according to the preceding paragraph, the data saved by the Users on the previous plan may be deleted.

4.SewingLab shall not in any way liable for the deletion of the data in the preceding paragraph except when there was willful misconduct or gross negligence of SewingLab

Article 8 (Paid Services)

1. The first terms of the Paid Services Agreement shall be for a period of one (1) month from the date in which the Registered User becomes the Paid Member of the Paid Services (“Paid Member Registration Date”). The Paid Services Agreement shall be automatically renewed every month and thereafter unless otherwise, such Paid Member does not terminate thereof in a manner specified by SewingLab. For the purposes of this article, the time used as the basis for the terms of the Paid Services Agreement shall be Japan Standard Time (JST).

2. The payment of the Paid Services Fee shall be made by the Paid Member on the 25th of every month. However, a first-timer who registers for Paid Services may use the Paid Services free of charge for one (1) month from the date of the Paid Member Registration Date.

3. If the Paid Member intends to terminate the Paid Services Agreement, the Paid Member shall follow the procedures specified by SewingLab and may terminate the Paid Services Agreement. The termination date shall be the date when the Paid Member terminates the Paid Services Agreement. The status of the Paid Member will be changed to the Registered User upon the termination thereof, and the membership of the Paid Services shall not continue to be valid after the termination date. In such a case, SewingLab will not provide pro-rated refunds for the Paid Services Fee.

Article 9 (Use of the Service by Guest)

Without registering to the Service as prescribed in Article 5, Guest may use the User Service according to the conditions set forth in these Terms and to the extent specified by SewingLab.

Article 10 (Payment Method)

1. The payment method for the Paid Services shall be separately determined by SewingLab, provided that the account holder of the payment shall be the Paid Member.

2. The Registered User shall bear any fee to be paid in connection to the payment of the Service.

3. If SewingLab determines that the Paid Member may not use the payment method, SewingLab may, regardless of the reasons, may terminate the Paid Services Agreement, delete user registration, or limit a part of functions.

Article 11 (Registered User Content)

1. The Registered User represents and warrants to SewingLab that it has the statutory rights to use the Registered User Content throughout the Service and the Registered User Content does not infringe the rights of any third party. The registration of the Registered User Content as favorites and the use of the Registered User Content on SNS are likely to infringe Intellectual Property Right of third parties, therefore, the Registered User Content shall ensure that such usage will not infringe a third part’s Intellectual Property Rights (including, but not limited to, obtaining the license from right holders in advance, using copyright-free content and use the Registered User Content using the rights retained by the Registered User).

2. In the event that the Registered User uses the Registered User Content for commercial use and the rights of the Registered User Content belong to a third party, the Registered User shall represent and warrant to SewingLab that the Registered User has gained the necessary license for the commercial use from the third party.

3. Intellectual Property Rights concerning the Registered User Content shall belong to and be reserved by the Registered User or a person authorizes the Registered User for the use of the Registered User Content; provided, however, that SewingLab may use the Registered User Content free of charge to the extent that the purpose of using the Registered User Content is to provide the Service to such Registered User.

4. The Registered User is deemed to have granted SewingLab a non-exclusive, worldwide, free of charge, unlimited, irrevocable, sublicensable, and transferrable to use (including but not limited to use, copy, distribute, play, transmit, disseminate, lend, and exhibit) to use Registered User Content only that the Registered User released to another Registered User and allow SewingLab to create or use the derivative works thereof.

5. The Registered User agrees that the Registered User will not exercise the author’s moral rights concerning the Registered User Content for SewingLab and a person designated by SewingLab.

Chapter 3 Matters Concerning the Partner

Article 12 (Registration)

1. The Partner Applicant may apply for the registration of the Partner provided that the Partner Applicant agrees to comply with these Terms and provides SewingLab with the certain information specified by SewingLab (“Registered Information”) in a manner specified by SewingLab.

2. If the Partner Applicant falls under any of the following circumstances detailed hereunder, the Partner Applicant may not apply for the registration as the Partner. If the Partner Applicant falls under the circumstances during the terms hereof, the Partner Applicant shall immediately notify SewingLab thereof after completing the registration on the Service. If SewingLab determines that the Partner Applicant falls or likely to fall any of the following, SewingLab may deny the registration without giving prior notice or an ex post facto report to the Partner Applicant. SewingLab shall not disclose the reasons for the rejection of the registration.

(1) the Partner Applicant does not meet the requirements for registration provided in this Article or prescribed by SewingLab;

(2) any or all the Registration Information provided by the Partner Applicant to SewingLab is found to be false, inaccurate, or omitted in whole or in part;

(3) the Partner Applicant is either a minor, an adult ward, a person under curatorship or a person under assistance under the applicable laws to its own nationality and has not obtained the consent of legal representatives, a guardian, a curator, or an assistant;

(4) the Partner Applicant is or is likely to be sentenced as guilty in a criminal proceeding.

(5) the Partner Applicant is or was a member of the Anti-Social Force or has interaction or involvement with the Anti-Social Force;

(6) the Partner Applicant has breached these Terms and/or violated other agreements with SewingLab or has been rejected or revoked the registration of the Service or other services of SewingLab, or the Partner Applicant falls under the category of relevant person hereof;

(7) the Partner Applicant engages, or is likely to engage, in acts that breach these Terms; or

(8) in the circumstances that SewingLab determines that the registration by the Partner Applicant is inappropriate.

3. When minors register as a Partner, the minor may do so; provided, however, that the minor shall gain the consent of its legal representative. Upon the completion of registration by such minor, the use of the Services and the content of these Terms shall be deemed to have been agreed by its legal representative. The Partner shall be deemed to have ratified any and all juristic acts with respect to the Service, if such Partner, who was minor at the time of registration, uses the Service after he or she has reached majority.

4. SewingLab shall, at its sole discretion, determines the acceptability of registration of the Partner Applicant. If SewingLab accepts the registration of the Partner Applicant, SewingLab shall notify the Partner Applicant thereof. Registration of the Partner Applicant shall be deemed to have been completed upon the notice by SewingLAB according to this article, and SewingLab shall grant the Partner Applicant a partner ID and password at the same time upon the completion of such registration.

5. Upon the completion of the registration by the Partner Applicant pursuant to the preceding paragraphs, a service agreement for the Partner Services pursuant to the provisions hereof (“Partner Services Agreement”) shall be deemed to have been concluded between the Partner Applicant and SewingLab, and the Partner Applicant as the Partner may use the Service in accordance with the method specified by SewingLab to the extent of the purpose of these Terms and that the Partner does not breach these Terms.

Article 13 (The Content of the Partner Services)

1.The Partner may use the following functions (“Partner Services”) by downloading the SewingLab’s App.

(1)Upload the image data of fabric handled by the Partner.

(2)Obtain the information of the Combination Image when the Registered User registers the Combination Image to favorites after combining it with the image data of fabric chosen by the Partner.

(3)Use functions specified by SewingLab.

2.The number of image data of the fabric allowed to be uploaded may vary by the plan that is chosen by the Partner.

3.The Partner may display the link of its own website in the Service, and the Registered User may make transactions with the Partner in such website, provided, however, that, SewingLab shall not be the party to the agreement and shall not in any way be liable for any transactions made between the Partner and the Registered User on such site.

Article 14 (Plan and Change)

1. Plan for the Partner Services being provided by SewingLab shall be as follows, and each of the plan and its details such as fee shall be separately determined by SewingLab.

(1)Light.

(2)Standard

(3)Premiums

2. The Partner may, at any time, change the plan in accordance with the method prescribed in SewingLab’s Website during the use of the Service.

Article 15 (Service Fee for the Partner)

1. The terms of the Partner Services Agreement shall remain until the 24th of the following month from the date in which the Partner Applicant becomes the Partner (“Partner Services Registration Date”). The Partner Services Agreement shall automatically be renewed at 12:00 AM, the 25th of every month and thereafter unless otherwise, Partner does not terminate thereof in a manner specified by SewingLab. For the purposes of this Article, the time used as the basis for the terms of the Partner Services Agreement shall be Japan Standard Time (JST).

2. The payment of the monthly service fee designated by SewingLab (“Partner Services Fee”) shall be made by the Partner. The Partner shall pay the Partner Services Fee for the month in which the Partner Applicant becomes the Partner on the Partner Services Registration Date. The payment of the Partner Services Fee shall be made on the 25th of every month and thereafter.

3. Even if the Partner Services Agreement is executed in the middle of a month, SewingLab will neither deduct nor refund the Partner Services Fee by calculating it on a pro-rate basis.

4. If the Partner changes the plan, such plan shall be applied from the next terms of the Partner Services Agreement.

5. If the Partner intends to terminate the Partner Services Agreement, the Partner shall follow the procedures specified by SewingLab and may terminate the Partner Services Agreement. The termination date shall be the date when the Partner terminates the Partner Services Agreement. Upon the termination thereof, the Partner may no longer use the Partner Services after the termination date. In such a case, SewingLab will not provide pro-rated refunds for the Partner Services Fee.

Article 16 (Payment Method)

1. The payment method for the Partner Services shall be separately determined by SewingLab, provided that the account holder of the payment shall be the Partner.

2. The Partner shall bear any fee to be paid in connection to the payment of the Paid Service.

3. If SewingLab determines that the Partner may not use the payment method, SewingLab may, regardless of the reasons, terminate the Partner Services Agreement, delete the registration of the Partner or limit a part of functions.

Article 17 (Partner Content)

1. The Partner represents and warrants to SewingLab that it has the statutory rights to use the Partner Content throughout the Service and the Partner Content does not infringe the rights of any third party.

2. Intellectual Property Rights concerning the Partner Content shall belong to and be retained by the Partner or a person authorizes the Partner to use the Partner Content; provided, however, that SewingLab may use the Partner Content free of charge to the extent that the purpose of using the Partner Content is to provide the Service to such user.

3. The Partner is deemed to grant SewingLab a non-exclusive, worldwide, free of charge, unlimited, irrevocable, sublicensable, and transferrable to use (including but not limited to use, copy, distribute, play, transmit, disseminate, lend, and exhibit) to use the Partner Content only that the Partner released to the other users and allow SewingLab to create or use the derivative works thereof.

4. The Partner agrees that the Partner will not exercise the author’s moral rights of the Partner Content for SewingLab and a person designated by SewingLab.

Chapter 4 General Provisions

Article 18 (Prohibited Acts)

1.In using the Service, the Users shall not engage in any of the acts set forth below:

(1)any act that breach these Terms;

(2)any act that violates Laws and Regulations or relates to criminal activities;

(3)fraud or intimidation to SewingLab or third party;

(4)any act that violates public order and morality;

(5)any act that is related to Anti-Social Forces and offering a profit to Anti-Social Forces;

(6)any act that is infringing any Intellectual Property Right, publicity right, privacy, personal honor right, or any other rights or interests of SewingLab or any third party;

(7)any act to defame SewingLab or a third party;

(8)any act of transmitting to SewingLab or other User of any information that SewingLab deems such information falls under any of the following.

(a)Information containing expressions that defame the reputation and credibility of SewingLab, other Users, or a third party;

(b)information containing violent, cruel, or brutal expressions;

(c)information containing obscene expressions;

(d)information containing the expression encouraging discrimination;

(e)information containing the expression encouraging suicide and/or self-injury;

(f)information containing the expression encouraging the improper use of drugs;

(g)information containing the antisocial expressions;

(h)information requesting a third party to disseminate junk, spam, or chain emails;

(i)information containing any illegal solicitation or advertisements;

(j)information containing the disturbing expressions; and

(k)information containing computer viruses and other harmful computer programs; or.

(l)information containing the expression that is aiming for missionary activities and solicitation for a specific religion.

(9)any act that imposes heavily load on SewingLab’s network or system;

(10)any act of unauthorized accessing or attempting to access SewingLab’s network or system;

(11)any act of spoofing, illicit display of relationships between a person itself and others or organization, concealing or attempt to conceal one’s identity;

(12)any act of using Users ID and password of other Users or causing others to use user ID and password of others;

(13)any act that gives disadvantage or damage or provides a sense of discomfort to SewingLab or a third party;

(14)any act that intends for meeting unacquainted persons of a third party;

(15)any act of copying, selling, publishing, or using information acquired through the Service, unless otherwise expressly stipulated in these Terms or acknowledged by SewingLab separately;

(16)any act of interfering with the operation of the Service or defaming or likely to defaming the credibility of SewingLab;

(17)any act of copying, distributing, or disclosing a part of Service;

(18)any act of modifying, deleting, recompiling, reassembling, or reverse engineering of programs related to the Service or SewingLab’s Website;

(19)any act of collecting or acquiring information that can identify individuals (including user ID) through the Service;

(20)any act that intends for using Service for commercial purpose or providing benefits to a third party, unless otherwise expressively stipulated in these Terms or acknowledged by SewingLab separately;

(21)any act that cause or ease, directly or indirectly, acts that fall under any of the proceeding items; or

(22)any other acts as deemed inappropriate by SewingLab.

Article 19 (Change, Termination, and Suspension of the Service)

1. SewingLab may, at its sole discretion, change the content of the Service or cease the Service. In the case where SewingLab ceases the Service, SewingLab shall notify thereof to the Users in advance.

2. If any of the items in the following occur, SewingLab may temporarily terminate or suspend the Service, in whole or part, without giving prior notice to Users:

(1)an emergency or periodical check, or maintenance of computer systems for the Service;

(2)provision of the Service is rendered difficult due to failure, operation mistake, access concentration, hacking, or other unexpected error in computer or communication lines;

(3)any security problems of the Service;

(4)operation of the Service is rendered difficult due to the Force Majeure such as earthquake, lightning strike, fire, storm and flood damage, blackout, the act of God, or pandemic of diseases and/or infectious diseases;

(5)proper operation of the Service becomes difficult; or

(6)SewingLab judged rationally that it is necessary to terminate or suspend the Service.

3. SewingLab shall not be liable for any damages incurred by the Users caused by any actions taken by SewingLab under this Article.

Article 20 (Termination)

1. Users may terminate the Service Agreement by giving notice to SewingLab in a method specified by SewingLab. In such a case, the Users may no longer use the Service upon the date of termination confirmed by SewingLab become effective. SewingLab does not refund the fee for the Service for the remaining term thereof.

2. SewingLab will not refund any Paid Services Fee and fees for other services received by the Users upon the termination of the Service Agreement.

3. If Users has any liability to SewingLab upon the termination of the Service Agreement, all and any of its liabilities to SewingLab shall become automatically due and the Users shall immediately fulfill such liabilities.

4. If the Users terminates the Service Agreement by mistake and/or forfeits one's right to use the Service, the Users may no longer use the user ID, the Content, and other information accumulated in the Service for any reason whatsoever.

5. The provisions of this Article shall apply mutatis mutandis to the Partner, and this shall apply to all terms set forth in provisions of the Partner Services Agreement by replacing “Users” and “Paid Member” with “Partner”, “Service Agreement” with “Partner Services Agreement”, “Partner Services Fee” with “Paid Services Fee”, and “Paid Services” with “the Partner Services”, respectively.

Article 21(Cancellation)

1. If the Users fall under any of the following items, SewingLab may temporarily limit the Users from using the Service or terminate the use of the Service without giving prior notice or making a demand to the User.

(1)if the Users breach any of the terms and/or warranties herein (However, the proviso in Article 541 of Civil Code shall not apply);

(2)if the Users fall under any of the grounds for refusal of registration prescribed in items of Paragraph 2, Article 5 and items of Paragraph 2, Article 12;

(3)if the Users become insolvent or a petition for proceeding of bankruptcy, civil rehabilitation, or any other similar proceedings is filed;

(4)if the Users die or an order of the commencement of guardianship, curatorship or assistance for the Users is made;

(5)if the commencement of procedures for dissolution and liquidation is decided or determined.

(6)if the Users do not respond to SewingLab’s inquiry and/or any other messages from SewingLab asking for its response for not less than seven (7) days;

(7)if the Users is not using the Service for more than six (6) months; or

(8)if the Users are deemed inappropriate as the Users by SewingLab.

2. If the Users fall under any of the items of the preceding paragraph, all and any liabilities owned to SewingLab shall become automatically due and the Users shall immediately fulfill such liabilities.

3. SewingLab shall not be liable for any damages incurred by the Users caused by any actions taken by SewingLab under this Article unless otherwise such damage is attributable to misconduct or gross negligence of SewingLab, and SewingLab will not refund any paid Paid Services Fee and the Partner Services Fee.

Article 22 (Intellectual Property Right and Users Content)

1. Intellectual Property Right in relation to the Service (excluding the Users Content) shall belong to SewingLab or the person who grants the license to SewingLab, and the execution of these Terms between SewingLab and the User, and the license granted to the Registered User for use the Service shall not be construed that SewingLab or such person that grants the license of the Intellectual Property Rights in relation to the Service.

2. SewingLab may confirm the content of the Users Content if SewingLab deems it necessary to ensure the Users’ compliance with these Terms and the Laws and Regulations. However, SewingLab shall not be obliged to perform such confirmation.

3. SewingLab may delete and limit the use of the Registered User Content without prior notice when SewingLab determines that the content of the Users Content breach or likely to breach these Terms or violate or is likely to violate the Laws and Regulations, or when such deletion and/or limitation deems necessary for businesses purposes.

4. If the Users find that the other Users commit any act in violation of these Terms and the Laws and Regulations, the Users shall immediately notice SewingLab thereof.

Article 23 (Disclaimer and Compensation)

1. SewingLab will provide the Service on an as-is basis, and SewingLab makes no warranties, express or implied, as to the fitness to the Users’ particular purpose, accuracy, validity, credibility, and fitness for the purposes that the Users are expecting, and that its compliance with the Laws and Regulations.

2. SewingLab shall not be obliged to retain the Registered Information, Users Content, and any information on the Users.

3. SewingLab does not guarantee that the Service is corresponding to all information terminals, and the Users shall acknowledge that failure is likely to occur to the operation of the Service after upgrading OS of the information terminals to be provided for the use of the Service. SewingLab does not guarantee that such failure will be resolved by the modification of the program by SewingLab.

4. SewingLab assumes no responsibility for the management of services, information, and personal data provided by a third party of an external services provider linked with the Service.

5. In no case shall SewingLab be held liable for any damage, loss, and infringement of rights caused by hacking, alteration, and other illegal access of the Service or account of the Users as stipulated herein.

6. The Users shall resolve at its own discretion of any disputes and troubles that occurred with other Users or a third party in relation to the use of the Service, and SewingLab shall not be in any way liable for resolving such disputes and troubles.

7. In no event shall the aggregated liability of SewingLab for the damages incurred by the Users in relation to the Service and/or these Terms, whether in contract, tort, or otherwise, except when there was intent or gross negligence of SewingLab, exceed the total amount of service fee received by SewingLab from the Users under these Terms for a period of three (3) months before the occurrence of such damage and SewingLab shall not be held liable for any special, incidental, indirect, future damage and loss of profits.

8. The Users shall pay compensation for any loss, expense, damages, and liabilities (including reasonable attorney’s fee and the court costs) bore by SewingLab or its relative person in connection with the Users’ breach of these Terms.

Article 24 (Privacy)

SewingLab shall treat the personal information of the Users in accordance with SewingLab’s Privacy Policy. The Users shall consent that SewingLab will treat such personal information following such Privacy Policy.

Article 25 (Contact Information)

As a general rule, SewingLab will contact and/or give notice of the Service to the Users at the screen used in the Service or communicate with the email address provided by the Users to SewingLab.

Article 26 (Confidentiality)

1. The Users acknowledge and agree that the Users will treat any information disclosed by SewingLab as confidential and Users shall not disclose any information except with prior written consent of SewingLab.

2. The Users shall return or dispose of the confidential information in the preceding paragraph, and documents or other storage media on which such information is entered or recorded, and all copies thereof without delay at any time upon request from SewingLab in accordance with the instructions to be provided by SewingLab.

Article 27 (Assignment)

1. The Users may not assign, transfer, pledge as security or dispose of any contractual status hereof and title, obligation hereunder without the written approval of SewingLab.

2. SewingLab hereby agrees that if SewingLab transfers its business relating to the Service to a third party, SewingLab shall be able to also transfer its title, rights, and obligations hereunder, the Registered Information, the Users Content, and other information to the transferee. The same shall apply for the cases of general successions including mergers and company split where SewingLab is being absorbed or split.

Article 28 (Severability)

In the event that any provision or part thereof is found invalid or unenforceable under any applicable Laws and Regulations, the remainder or a part of these Terms shall remain in full force and effect, and SewingLab and the Users shall endeavor to make such invalid or unenforceable provision or part legitimate and to amend it to the extent necessary to enforce it to ensure intent or legal and economic effect to such invalid or unenforceable provisions or parts.

Article 29 (Governing Law and Jurisdiction)

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

2. Any dispute arising out of or in connection with these Terms and the use of the Service shall be submitted to the exclusive jurisdiction of the Tokyo District Court of the first instance.

Revised on 10/05/2021