Ponpish Passport Terms of Use

These Terms of Use ("Terms") are established by the operator of Ponpish Passport ("we", "our", or "the Company") and govern your use of the service (as defined in Article 1, Paragraph 1, Item 3, hereinafter the "Service"). These Terms set forth the conditions for providing the Service and define the rights and obligations between the Company and users (as defined in Article 1, Paragraph 1, Item 4, hereinafter the "User"). These Terms apply to all individuals using the Service. You must read the entirety of these Terms and agree to them before using the Service.

Article 1 (Definitions)

The terms used in these Terms shall have the meanings defined as follows:

⑴ Service Use Agreement

Refers to the agreement between the Company and the User regarding the Service, based on these Terms.

⑵ Company

Refers to the operator of Ponpish Passport.

⑶ Service

Refers to the digital membership service named "Ponpish Passport" provided by the Company (including any changes in the name or content of the Service for any reason).

⑷ User

Refers to an individual whose registration as a user of the Service has been approved by the Company in accordance with Article 8.

⑸ Purchase History / Trial History (Wearing Experience)

Refers to records of purchases of colored contact lens products by the User, records of product trial experiences at stores, and related information.

⑹ Benefits

Refers to NFTs, coupons, discounts, points, and other reward services provided by the Company to Users who meet the prescribed conditions.

⑺ Digital Membership Card

Refers to the electronic membership card issued to Users through the Service.

⑻ Intellectual Property Rights

Refers to copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including rights to apply for or acquire such rights).

Any terms not defined in the preceding paragraph shall be defined as appropriate in the relevant provisions of these Terms.

Article 2 (Use of the Service)

These Terms define the conditions for using the Service and apply to all relationships related to the use of the Service between the Company and the User.

The Company's Privacy Policy and any other conditions separately stipulated by the Company in connection with the use of the Service (collectively referred to as the "Related Terms") shall constitute a part of these Terms.

In the event of any inconsistency between the provisions of these Terms and the Related Terms, these Terms shall prevail unless otherwise specifically provided.

In cases where matters not stipulated in these Terms arise or if there is any ambiguity in the interpretation of these Terms, the Company and the User shall resolve such matters promptly and in good faith through mutual consultation.

Article 3 (Service Description and Fees)

The Service is a digital membership application that manages purchasers of colored contact lens products. Users can use the Service to check their purchase history, receive benefits based on usage, and access other marketing services provided by the Company.

The Company will calculate each User's usage status based on purchase history, usage frequency, and other factors as prescribed by the Company, and distribute benefits accordingly.

The basic use of the Service is free of charge. However, some additional services may be provided for a fee.

Article 4 (Management of Purchase and Trial History)

The Company records and manages Users' purchase and trial history for products sold and provides this information through the Service.

Users can view their own purchase and trial history within the Service.

Users acknowledge that while the Company makes reasonable efforts to ensure the accuracy of purchase history, errors may occur due to system malfunctions or input mistakes.

Article 5 (Digital Membership Card)

The Company shall issue a digital membership card to each User who has registered for the Service.

The digital membership card is valid only within the Service and may not be transferred, loaned, or otherwise provided to any third party.

The expiration date and other conditions of the digital membership card shall be separately determined by the Company.

Article 6 (Distribution of Benefits, etc.)

Benefits shall be distributed to eligible Users in accordance with the method determined by the Company. Users must comply with the rules stipulated in these Terms when receiving such benefits.

The Company may, at its sole discretion, change the contents, delivery method, location, or other aspects of each benefit distributed.

If the Company reasonably determines that a User's conduct in relation to benefit receipt violates these Terms or is otherwise inappropriate, the Company may suspend or cancel the distribution of such benefits and may invalidate or request the return of benefits already distributed.

Article 7 (Use by Minors)

If a minor wishes to use the Service as a User, they must obtain prior consent from a parent or other legal guardian ("Guardian") for agreeing to these Terms and for all actions related to the use of the Service, including payment for any paid services.

The Company may impose limits on the use of paid services by minors, including monthly usage limits, based on methods prescribed by the Company. Minors must use paid services only within those limits.

If a User who was a minor continues to use the Service after reaching the age of majority, they shall be deemed to have ratified all acts related to the use of the Service prior to reaching the age of majority.

Article 8 (User Registration, etc.)

Any individual who wishes to use the Service ("Applicant") may apply for registration by agreeing to these Terms and providing the required registration information (which may include information registered on certain social networking services) via the method designated by the Company.

The Company will evaluate the application based on its own criteria and, if approved, notify the Applicant of the registration approval via a method determined by the Company. The registration is deemed complete at the time this notice is given.

Upon completion of registration as defined in the preceding paragraph, a Service Use Agreement is formed between the User and the Company, and the User may begin using the Service in accordance with these Terms.

The Company reserves the right to reject or cancel registration or re-registration without disclosing reasons if the Applicant:

⑴ provides false, incorrect, or incomplete registration information
⑵ is a minor, adult ward, person under curatorship or assistance, and has not obtained appropriate consent from a Guardian
⑶ is or is associated with anti-social forces (e.g., organized crime groups)
⑷ has previously violated a contract with the Company or is related to such a person
⑸ has previously had their registration revoked under Article 10
⑹ has committed or is likely to commit prohibited acts under Article 16
⑺ impersonates another individual during registration
⑻ already has an active User registration under the same individual
⑼ is otherwise deemed inappropriate by the Company

Users may not hold multiple registrations for the Service. If multiple registrations are discovered, the Company may, at its discretion, delete all such accounts, and the User acknowledges the Company shall bear no liability for any resulting damage.

If the Applicant is a minor, they must obtain prior consent from a Guardian for both agreeing to these Terms and applying to use the Service.

Article 9 (Communication Methods and Changes to Registered Information)

Communications or notifications from the Company to Users regarding the Service shall be conducted through methods such as in-service notifications, messages sent to the contact information provided during registration, or other methods determined by the Company. Unless otherwise specified in these Terms, such communications are deemed to have reached the User at the time they should normally be received.

If there is any change to the User's registered information, the User shall promptly notify the Company of such changes using the prescribed method.

If the User fails to submit the notification in the preceding paragraph, the Company shall treat the registration information as unchanged.

The Company shall not be liable for any damages incurred by the User or third parties due to the User's failure to report changes, unless caused by the Company's intentional or gross negligence.

The Company may verify the accuracy of registered information and request additional information from the User. The User agrees in advance to such requests.

Inquiries or other communications from Users to the Company concerning the Service must be made through the inquiry form specified by the Company. Except as required by law, the Company does not respond to inquiries made by phone or in person.

Article 10 (Deletion of Registration, etc.)

If the Company determines that a User falls under any of the following categories, it may, without prior notice or warning, restrict all or part of the User's access to the Service (including deleting or hiding User data such as posts or registration information, or suspending the User's use of all or part of the Service), or delete the User's registration entirely. The Company is under no obligation to disclose the reason for such actions.

⑴ Violation of any provision of these Terms
⑵ Registration information is found to be false
⑶ No response to inquiries or other communications from the Company for 30 days or more
⑷ Violation of laws or regulations
⑸ Acts that interfere with the operation of the Service or with other Users' use of the Service, or are deemed likely to do so
⑹ Unauthorized use or allowing unauthorized use of accounts (as defined in Article 12)
⑺ Suspension of payments, insolvency, or filing for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or similar proceedings
⑻ Falling under any item of Article 8, Paragraph 4
⑼ Any other case where the Company deems the continued use of the Service or registration as a User inappropriate

In such cases, the User shall immediately forfeit any benefits of term and must pay all debts owed to the Company in full without delay.

When a User's registration is deleted, all rights and data associated with the Service, including NFTs, points, and benefits held at the time of deletion, will be forfeited.

If the Company had obligations such as distributing benefits to the User prior to deletion under Paragraph 1, it shall be exempt from fulfilling such obligations. If the User's use of the Service is restricted under Paragraph 1, the Company may suspend fulfillment of such obligations for a period it determines.

Even if the Company defers the fulfillment of obligations such as benefit distribution, it shall not be liable for any interest or other compensation, and the User acknowledges that the Company bears no responsibility for damages incurred as a result of the measures taken under this Article.

Article 11 (User Withdrawal)

A User may withdraw from the Service and delete their User registration by completing the procedures prescribed by the Company. In this case, Paragraphs 3 through 5 of the previous Article shall apply mutatis mutandis.

If the User owes any debts to the Company at the time of withdrawal, they shall immediately lose the benefit of any term and must pay all debts in full.

The handling of User information after withdrawal shall be governed by the provisions of Article 24 (Protection of Personal Information).

Article 12 (Management of User ID and Password)

Users shall strictly manage their User ID and password for the Service, as well as the ID and password for designated social networking services (collectively, the "Account Information"), at their own responsibility. Users shall not lend, transfer, or sell their Account Information to third parties.

If a User becomes aware of unauthorized use of their Account Information or any risk of interference with the provision of the Service by the Company, they must immediately notify the Company and take necessary measures to eliminate the cause.

Any use of the Service through Account Information shall be deemed as the act of the registered User, regardless of the actual user.

The registered User shall be responsible for any damages arising from insufficient management of their Account Information, misuse, or unauthorized use by third parties (including loss of devices), and the Company shall bear no liability unless such damage was caused intentionally or negligently by the Company.

If a User loses their login credentials for a designated social networking service, they acknowledge that they will be unable to continue using the Service associated with those credentials, and the Company shall not be responsible for providing any recovery measures.

Article 13 (Devices and Communication Lines)

Users shall, at their own expense and responsibility, provide and maintain the necessary devices and communication lines to access the Service or the Company's website.

Users shall bear all communication costs incurred when using the Service.

The Company shall not be liable for any damages incurred by Users due to device failure, loss, malware, spyware, viruses, hacking, or similar incidents, unless caused intentionally or negligently by the Company.

Article 14 (Intellectual Property Rights Related to the Service)

All intellectual property rights related to the Company's website and the Service belong to the Company or third parties who have licensed such rights to the Company. Use of the Service under these Terms does not grant the User any license to use the intellectual property rights of the Company or its licensors.

Article 15 (Handling of Posted Data)

The Service includes features that allow Users to post or send reviews, comments, and other forms of data to specific or unspecified other Users (the "Posting Features").

Users shall be responsible for any damages caused to third parties as a result of the data they post or send and shall compensate for such damages.

By posting data, Users grant the Company a worldwide, non-exclusive, and royalty-free license to use, reproduce, and distribute such data.

Article 16 (Prohibited Acts)

The Company prohibits Users from engaging in any of the following acts or acts that it reasonably deems to fall under these categories while using the Service:

⑴ Acts that violate these Terms, laws, or regulations, or are associated with criminal conduct such as fraud, or that are contrary to public order and morals
⑵ Acts that infringe or are likely to infringe on the property, intellectual property rights, privacy, portrait rights, reputation, or any other rights or interests of the Company, other Users, or third parties
⑶ Acts of discrimination, defamation, or slander against the Company, other Users, or third parties that may harm their honor, trust, or social reputation
⑷ Posting, registering, or transmitting false or misleading information
⑸ Impersonating another person to register as a User or registering multiple User accounts by one individual
⑹ Unauthorized access to or manipulation of the systems related to the Service
⑺ Using the Service for commercial purposes
⑻ Interfering with the Company's operation of the Service
⑼ Any other acts deemed inappropriate by the Company

Article 17 (Compliance with Laws and Regulations)

Users must comply with all applicable laws and regulations when using the Service.

The Company does not guarantee Users' compliance with such laws, and shall not be liable for any issues arising from non-compliance, unless caused by the Company's intentional or negligent conduct.

Article 18 (Exclusion of Anti-Social Forces)

The User represents and warrants that they are not, and will not in the future become, a member of an anti-social force (including but not limited to organized crime groups, members thereof, right-wing groups, or other similar entities).

The User agrees not to engage in any of the following acts either personally or through a third party:

⑴ Violent demands
⑵ Unreasonable demands beyond legal responsibility
⑶ Threatening behavior or the use of violence in relation to transactions
⑷ Acts that damage the Company's credibility or interfere with its business by spreading false rumors, using deception, or using force

Article 19 (Assignment of Contractual Status)

Users may not assign, transfer, or otherwise dispose of their contractual status or any rights or obligations under these Terms to any third party without prior written consent from the Company.

In the event the Company transfers its business related to the Service to another entity (whether through a business transfer, corporate split, or other means), it may also transfer its contractual position, rights, obligations, and registered User information to the transferee. Users are deemed to have consented to such transfer in advance.

Article 20 (Outsourcing and Third-Party Services)

The Company may outsource all or part of the operations related to the Service to third parties without obtaining prior consent from Users. In such cases, the Company will remain responsible for managing such contractors.

The Company shall not be liable for any damages resulting from the User's use of third-party services or disputes between the User and such third parties, unless caused intentionally or negligently by the Company.

Notwithstanding the preceding paragraph, the Company may outsource payment-related operations to payment service providers or other third parties ("Payment Processors"). Users consent to this. The Company shall not be liable for any disputes or issues arising between the User and Payment Processors, unless caused intentionally or negligently by the Company.

Article 21 (Disclaimer of Warranties and Limitation of Liability)

The Company makes no warranties, express or implied, that the Service:

⑴ fits the specific purposes of the User,
⑵ has the expected functionality, commercial value, accuracy, or usefulness,
⑶ will be continuously available without interruption, or
⑷ is free of defects.

The Company shall not be liable for any disputes, transactions, communications, or conflicts between Users and third parties in relation to the Service, unless caused by the Company's intentional or gross negligence.

Article 22 (Damages and Injunctive Relief)

If a User violates these Terms, the Company may seek injunctive relief against such violations.

If the Company causes damages to a User through ordinary (non-gross) negligence, the Company's liability shall be limited to the total amount paid by the User to the Company over the past 12 months.

Article 23 (Confidentiality)

Users shall keep confidential any non-public information disclosed by the Company in connection with the Service and marked as confidential, unless prior written approval is obtained from the Company.

Article 24 (Protection of Personal Information, etc.)

The Company will appropriately handle personal information obtained through the Service in accordance with its separate Privacy Policy. The User agrees to such handling.

The Company may collect, investigate, and analyze data regarding User interactions with the Service for quality improvement purposes. The User agrees to this.

The Company may anonymize and statistically process information and data provided by Users, and may use or disclose such processed information at its discretion. The User shall not object to this.

For the purpose of information provision or delivering relevant advertisements, the Company may provide User information (including personal information) to affiliated partners engaged in data distribution, analysis, and advertising. The User agrees to such provision.

Article 25 (Changes, Suspension, or Termination of the Service)

The Company may, at its discretion, change the content of the Service or terminate its provision, in whole or in part, at any time without prior notice to the Users.

The Company may suspend or interrupt all or part of the Service without prior notice to Users in the following cases:

⑴ Urgent maintenance or inspection of the systems related to the Service
⑵ Inability to operate the Service due to computer or communication failures, user error, excessive access, unauthorized access, hacking, or other similar incidents
⑶ Inability to operate the Service due to force majeure events such as earthquakes, lightning, fire, floods, power outages, or other natural disasters
⑷ Any other case where the Company determines suspension or interruption is necessary

Users acknowledge that the Company shall not be liable for any damages incurred due to changes, suspension, or termination of the Service under this Article.

Article 26 (Amendments to the Terms)

The Company may revise these Terms at its discretion in the following cases:

⑴ When the revisions conform to the general interest of the Users
⑵ When the revisions do not contradict the purpose of the contract, and are reasonable in light of the necessity of the changes, their content, and other relevant circumstances

When revising these Terms under the preceding paragraph, the Company shall notify or publicize the revised Terms, the effective date, and the contents of the changes via its website, the Service interface, or other appropriate means. In the case of (2) above, such notification shall be made a reasonable period before the effective date.

Users are responsible for regularly reviewing the latest version of the Terms. If a User continues to use the Service after the Terms have been revised, the User shall be deemed to have agreed to the changes.

Users acknowledge that the Company shall not be liable for any damages arising from revisions to these Terms under this Article.

Article 27 (Severability)

Even if any part of these Terms is deemed invalid or unenforceable under the Consumer Contract Act or other applicable law, the remaining provisions shall remain in full force and effect.

Article 28 (Governing Law and Jurisdiction)

These Terms and the Service Use Agreement shall be governed by the laws of Japan.

Any disputes arising between the Company and Users in connection with the Service shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Effective Date: August 31, 2025

Service Provider:

Company Name: ANW Inc.
Representative Director: Tadashi Shimizu