TERMS OF SERVICE

Terms of Service for neem

These Terms of Service (hereinafter, the “Terms”) define the terms and conditions for the use of the “neem” service (hereinafter, “neem”) provided by Soft Gear Co., Ltd. (hereinafter, the “Company”) for use via the Internet, which apply to all of those who use neem (hereinafter, the “User(s)”). neem as defined in these Terms of Service includes, but is not limited to, all neem services and applications, the official neem website, the online community for neem, and social network services provided as a platform for neem. In addition, the rules regarding the use of neem posted by the Company on neem and the official neem website shall constitute part of the Terms.

Article 1. Definition

  1. The term “content” means text, characters, audio, music, other sounds, images, videos, symbols, character movements, software, programs, code, and other information.
  2. The term “User Content” means content created on or uploaded to neem by the User (including areas created by the User on neem).
  3. The term “neem Browser” means the software installed on the User’s device after creating an account in neem or through the use of guest login defined in paragraph 5 of this article, which is an application that allows the User to use the 3D space created in neem. In the Terms, “neem” includes the neem Browser.
  4. The term “points” means points that are provided free of charge to the User as login bonuses, etc. (hereinafter referred to as “free points”), and points that are provided for a fee (hereinafter referred to as “paid points”) that can be exchanged for services or content. Both free points and paid points are referred to as “em”, and they are managed in a way that allows you to distinguish between free points and paid points. Please note that free points do not fall under the category of prepaid payment instruments under the Payment Services Act, and paid points are exempt from the Payment Services Act since their validity period is 170 days from the date of entry into force.
  5. The term “guest login” means the use of neem by a user that has not been granted their own account.
  6. The term “User” means anyone that uses neem, including those who have been granted their own account and those who use neem via guest login.
  7. The term “area usage fee” means the monthly fee set forth by the Company when using neem in excess of the quantity and type of areas prescribed by the Company.
  8. The term “data transfer fee” means a charge set forth by the Company for the excess amount of data transferred when a Users’ monthly data transfer amount exceeds the standards set by the Company when using neem.
  9. The term “gift items” means items that can be purchased with paid points and can be used in live streaming broadcasts within neem. Gift items are items that are provided upon acquisition, and do not fall under the category of prepaid payment instruments.
  10. The term “Support Points” means points that are awarded to users based on the evaluation of their live streaming broadcasts within neem. This evaluation considers factors such as the number of viewers, the number of comments received, and the usage of gift items by other users, and is calculated using a proprietary method determined by the Company. Support Points have a validity period of 170 days from the date of issuance.

Article 2. Agreement to the Terms

  1. The User may start using neem by being granted an account in accordance with the Terms. The User must accept and agree to the Terms and the terms that apply to the neem Browser before an account is granted. In addition, Users who were granted an account during the alpha test version or beta test version must also accept and agree to the Terms and the terms that apply to the neem Browser.
  2. When the User registers the information necessary for an account to be granted under the preceding paragraph, they must provide true and accurate information and must revise it so that it is always current. The Company shall not be liable for any damages caused to the User by any false, erroneous, or omitted facts in the registration information.
  3. Once the User agrees to the Terms and applies for an account, and the Company accepts such application and allows the User to start using neem, the User and the Company will enter into a use agreement in accordance with the provisions of the Terms (hereinafter, the “Use Agreement”). The User shall be granted an account upon the completion of the Use Agreement. Furthermore, Users who were granted accounts during the neem alpha test version or neem beta test version have already entered into a use agreement.
  4. Users who use neem via guest login must accept and agree to the Terms and the terms that apply to the neem Browser. Once the User agrees to the Terms and begins using neem, the User and the Company will enter into a use agreement in accordance with the provisions of the Terms (hereinafter, the “Use Agreement”).
  5. A User who does not agree to the Terms may not use neem and shall immediately discontinue using neem and delete their neem account in the manner prescribed by the Company.
  6. The Company may refuse to grant an account to a User without disclosing the reason if any of the following cases apply to the User:
    1.  If the User applies for registration through any method other than that prescribed by the Company;
    2. If the consent of the legal representative, curator, or assistant has not been obtained;
    3. If the Company determines that the User is an anti-social force, etc., as referred to in Article 15, or that the User has engaged in any interaction or involvement with an anti-social force, etc., such as cooperating with or participating in the maintenance, operation, or management of an anti-social force, etc., through the provision of funds or conveniences, etc.;
    4. If the registration information provided to the Company is found to be false in part or in full; or
    5. Any other cases deemed inappropriate by the Company.7. If an account is granted, the User shall install the neem Browser on their device.
  7. If an account is granted, the User shall install the neem Browser on the User’s device.

Article 3. Account Management

  1. The User shall be responsible for managing their account and shall not allow others to use it.
  2. If the User learns that their credentials have been stolen, leaked to a third party, or used by a third party, the User shall immediately notify the Company and comply with any request that the Company deems necessary.
  3. The Company may consider any action taken on the User’s account to be an action by the User and shall not be liable for any damages caused to the User by such action.
  4. The User shall be fully responsible for any acts committed using the User’s device or account, regardless of who actually uses the device or user account, and shall compensate the Company or any third party for any damages caused by such acts.

Article 4. Use by Minors

  1. Users who are minors must obtain the consent of their legal representative (parent, person with parental authority, etc.) before accepting or agreeing to the Terms.
  2. If a User who was a minor at the time of agreeing to the Terms uses neem after reaching the age of majority, the use while they were a minor shall be deemed to have been approved after the fact.

Article 5. Use of neem

  1. The User shall use neem in accordance with the Terms and the methods set forth by the Company.
  2. The User is responsible for preparing and maintaining a computer, smartphone, communication device, operation system, software, Internet connection environment, and all other devices necessary for using neem (hereinafter, “devices, etc.”) at their own risk and expense, and shall bear all communication and Internet connection fees associated with the use of neem. A minor User shall use devices, etc., approved for the User’s use by their legal representative, such as a person with parental authority.
  3. The Company may provide the contents of neem, in whole or in part, by modifying the contents for each User according to their age, whether the User is identified, whether the User has registered information, and other conditions deemed necessary by the Company, and the User shall agree thereto in advance.
  4. The amount of data transfer that is allotted to each User per month in neem is limited to 60GB. If a User’s data transfer exceeds 60GB, they will be restricted from using neem until the first day of the following month.
  5. Notwithstanding the preceding paragraph, even if the amount of data transferred for use of neem exceeds 60GB per month, if the User applies for payment of the data transfer fee in accordance with the procedures prescribed by the Company, neem may be used for a fee. In this case, the data transfer fee shall be paid by the method specified by the Company by the end of the month.
  6. Users may create 3D spaces using the allotted number and types of areas specified by the Company free of charge. However, if Users wish to increase the number of areas they can use, they may add additional areas (hereinafter referred to as “Additional Areas”) according to the plan prescribed by the Company by following the procedures prescribed by the Company and paying the area usage fee prescribed by the Company (hereinafter referred to as “monthly charge”).
  7. The area usage fee shall be a monthly fee and shall be calculated from the first day of the month to the last day of the month. The area usage fee shall not be calculated daily regardless of the start or cancellation date, and the User shall pay the fee to the Company by the end of the month and by the beginning of the following month.
  8. If the User withdraws from their subscription or loses the right to use neem in accordance with Article 12 or Article 20, their monthly charge shall be automatically terminated.

Article 6. The Content of neem

  1. All rights, including copyrights, patent rights and other intellectual property rights, relating to the content provided by the Company on neem belong to the Company or to a third party who granted the license to the Company.
  2. The User shall not use the content (whether in the form of reproduction, modification, broadcasting, distribution, publication, automatic public transmission, etc.) beyond the use intended by the Company or neem, and shall not engage in any act that infringes or may infringe upon the rights of the Company.
  3. If any problem arises between Users of neem in relation to the rights to any content (contents, attribution, or similar relations), the Users shall resolve the problem at their own risks and expenses, and the Company shall have no liability whatsoever.

Article 7. User Content

  1. The User shall represent and warrant to the Company that the User has the lawful right to post or otherwise transmit the User Content, and that the User Content does not infringe upon any intellectual property rights (meaning copyrights, patent rights, utility model rights, trademark rights, design rights including the right to acquire or to register such rights, ideas, expertise, etc., and the same shall apply hereinafter), proprietary rights, or other rights of any third party, and that it is lawful.
  2. The copyright and other rights relating to the User Content posted, uploaded, or stored on neem by the User shall be reserved to the User who made the posting, etc., and the Company shall not acquire any copyright relating to such User Content. However, to the extent necessary for the provision, maintenance, and improvement of neem or the promotion of neem, the User shall permit the Company to use (including making changes, such as omissions, to the extent deemed necessary and appropriate by the Company, and sublicensing such right to the third parties that are in cooperation with the Company) the User Content that is publicly available, by means of reproduction, translation, automatic public transmission, making available for transmission, or any other means, free of charge, indefinitely and without regional restriction.
  3. The User shall not exercise the moral rights of the author or the moral rights of the performer against the Company or any person who has succeeded from or been granted rights by the Company.

Article 8. Points

  1. Free points are given to the User in the manner specified by the Company, such as login bonuses in neem.
  2. Paid points are granted to Users when making a purchase using the method determined by the Company.
  3. The User can exchange the allotted points for services or content.
  4. If the Company deletes a user account in accordance with the provisions of the Terms, or if the User deletes their account, such deletion will render the points unavailable.
  5. Points, both free points or paid points, will not be restored or refunded for any reason.

Article 9. Chat and Livestreaming

  1. The User can chat individually or openly (through text chat, voice chat, streaming chat, and methods specified by the Company) or perform livestreaming on neem to the extent specified by the Company.
  2. Chatting and livestreaming shall be performed at the User’s own risk. The Company assumes no responsibility for any problems that may arise through such activities between Users, and the Users shall resolve such problems at their own risk and expense. In addition, the Company may freely determine and change the availability, conditions, etc. of live streams performed by Users at any time, and Users shall comply with such determinations and changes.
  3. Users can send gift items during live streaming broadcasts hosted by other Users. When a gift item is used, it will trigger a visual or auditory effect helping to enhance the live streaming experience.

Article 10. Prohibited Matters

  1. The User is prohibited to perform for their self or to have a third party perform any act to which any of the following items apply or may apply (these acts are prohibited regardless of whether they are performed using any of neem’s services or features):
    1. Any act in violation of laws and regulations, court judgments, decisions or orders, or legally binding administrative measures;
    2. Any act contrary to public order and morality;
    3. Any criminal act or any announcement of such act, or being involved in or encouraging the same;
    4. Provision of benefits or other cooperation to antisocial forces;
    5. Any act that infringes upon any intellectual property rights such as copyrights, trademark rights, or patent rights, as well as honorary rights, privacy rights, or other legal or contractual rights of the Company or any third party;
    6. Any act of making available to a third party or disposing of User accounts or the content of neem, or rights of use, copyright, or other rights related thereto, whether within or outside of neem, by means of lease, exchange, transfer, name change, sale, pledge, provision of security or any other means, in any manner other than as provided by the Company;
    7. Any act of bullying, harassment, defamation of a third party, or any act that is likely to induce or encourage the same;
    8. Any act of posting defamatory statements, private information, etc., of the User or a third party;
    9. Any act of sending the same or similar messages to an unspecified number of third parties (excepting those authorized by the Company), or any other act deemed by the Company to be spam;
    10. Any act of posting or transmitting violent or sexual expression; expression that leads to discrimination based on human rights, nationality, creed, gender, social status, family origin, etc.; expression that induces or encourages suicide, self-harm, or substance abuse; or other forms of expression that include antisocial content and cause discomfort to others;
    11. Any act of directing to a harmful site (including adult sites and affiliate marketing);
    12. Any act that the Company deems to be for the explicit purpose of requesting or inducing an encounter, etc. with another User;
    13. Any act in the aim of sales, publicity, advertising, solicitation, other profit-making activities (except those authorized by the Company), religious activities or solicitation activities for religious organizations, sexual or obscene acts, meeting or associating with an unknown person of the opposite sex, displaying information equivalent to child pornography or child abuse or causing such information to be displayed, harassing or defaming a third party, or any other use of neem for purposes different from the intended use of neem;
    14. Any act of unlawfully collecting, disclosing, or providing personal information (personally identifiable information such as names, email addresses, telephone numbers, license plates, financial institution account numbers, addresses, etc.), registration information, usage history information, etc., regardless of whether it is the information of the User or a third party;
    15. Any act of impersonating the Company or a third party or intentionally disseminating false information;
    16. Any act that misleads or may lead to the misconception that the Company or other businesses, organizations, groups, etc., approve, support or provide live streams performed by a User or other Users;
    17. Any act of transmitting information containing computer viruses or other harmful computer programs (including potentially harmful or invasive programs);
    18. Any act that involves using neem with the intention of creating or assisting in the creation of software that commits fraudulent acts;
    19. Any act of modifying, reverse engineering, disassembling, decompiling, translating, adapting, etc. all or part of neem by the User or by use of a third party;
    20. Any act that infringes on the copyright, trademark, or other property rights of the neem logo or any materials related to neem;
    21. Any act of making a Real Money Trade in relation to the content;
    22. Any act of unauthorized access, use of third-party accounts, being granted multiple credentials, and other similar acts;
    23. Any act of creating multiple accounts;
    24. Any act of creating an account for the purpose of violating the law;
    25. Any act of interfering with the operation of the server system of neem (including but not limited to the act of imposing a large load on the server by, for example, deliberately streaming large amounts of data continuously), unauthorized or unreasonable access to neem using technical means, intentionally exploiting a failure in neem, making unreasonable demands on the Company, such as repeating the same or similar inquiries more than necessary, or any other act that interferes with or disrupts the operation of neem by the Company or the use of neem by a third party;
    26. Any act in violation of the terms of service of the neem Browser
    27. Any act, whether committed by a User alone or in collusion with a third party, designed to artificially inflate the number of viewers, comments, or gift item usage for a specific live stream, or any other act intended to fraudulently obtain Support Points; or
    28. Any other acts deemed inappropriate by the Company.
  2. If the User discovers any prohibited matters as set forth in this Article or any other acts that violate the Terms, they shall notify the Company promptly.

Article 10.2: Payment of Reward

  1. The Company shall evaluate each live streaming broadcast and the streamer based on factors including, but not limited to, viewership, comments, and gift item usage, as determined by the Company’s proprietary algorithm. Support Points shall be awarded on a weekly basis. Any fractional Support Points less than 1 point shall be rounded to the nearest whole number.
  2. Users may redeem Support Points for monetary compensation at a rate of 1 yen per 1 Support Point. This right is limited to Users with a residential address in Japan.
  3. A User wishing to receive a reward must provide the Company with the following information, including but not limited to:
    1. Banking details, including the name of the financial institution and account number;
    2. The name of the account holder; and
    3. The User’s full name, address, and contact information.
  4. A User may request payment for their Support Points by submitting a cash out request to the Company. The Company shall process such requests and remit the payment, net of applicable taxes, to the designated bank account by the end of the following month. If the User provides incorrect bank account information, the User shall be responsible for any additional fees incurred.
  5. Notwithstanding the provisions of the preceding paragraphs, the Company may withhold payment of any reward if any of the following conditions apply. In such cases, the Company shall not be liable for any damages incurred by the User as a result:
    1. If the information specified in paragraph 3 is not provided to the Company by the 25th day of the month in which the User requests payment of the reward.
    2. If the total amount of Support Points held by the User (including those associated with the payment application) is less than 10,000 as of the last day of the month in which the User requests payment of the reward.
  6. Notwithstanding the provisions of the preceding paragraphs and the following article, the Company reserves the right to determine and modify, at its sole discretion, the method of calculating Support Points and the method of paying rewards.

Article 10.3 Confiscation of Support Points

  1. The Company may confiscate any Support Points awarded to a User if the User:
    1. Breaches these Terms or any other agreement with the Company;
    2. Is subject to suspension or termination of their account pursuant to Article 11, or voluntarily terminates their account pursuant to Article 12 or 20; or
    3. In the event of the termination of the neem service.

In the event that the amount of Support Points to be confiscated exceeds the balance of Support Points in the User’s account, the Company shall have no obligation to grant any such excess to the User’s account in the future.

Article 11. Measures against Violations of the Terms, etc.

  1. The Company may, at its discretion and without prior notice to the User, take such action as deleting the User Content or other information in part or in full, suspending or restricting the use of neem, or terminating the Use Agreement, including deleting the account (hereinafter, “Suspension, etc.”), if the Company determines that any of the following apply or are likely to apply to the User:
    1. If the User has violated any of the provisions of the Terms;
    2. If the information provided to the Company is found to include falsehoods in part or in full;
    3. If the User is suspended or becomes insolvent, or if a petition for commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement of special liquidation, or similar proceedings is filed;
    4. If the User dies or is subject to a ruling for the commencement of guardianship, the commencement of curatorship, or the commencement of assistance;
    5. If the User does not respond to an inquiry or other notice requesting a response from the Company for more than 30 days;
    6. If the Company determines that it is necessary for the operation and maintenance of neem; or
    7. If the Company determines that there are any other grounds similar to those set forth in the preceding items.
  2. Even after a Suspension, etc., the User shall not be released from all obligations and liabilities (including but not limited to liability for damages) under the Use Agreement to the Company and third parties.
  3. The Company shall not be liable for any damages caused to the User by any action taken by the Company under this Article and shall have the right to retain and use the information provided by the User to the Company even after the deletion of the user account.
  4. If the Company determines that any of the items of Paragraph 1 apply or are likely to apply to the User or if the Company deems it necessary, the Company may request the User to discontinue the violation or voluntarily delete or correct the transmitted or posted information, etc., and the User shall respond to such request within the period specified by the Company.
  5. The Company shall not be liable for any disadvantages or damages caused to the User by any action taken by the Company under this Article.

Article 12. Termination of Use of neem

  1. The User shall lose the right to use neem in the following cases, and the Company shall not be obligated to notify the User of such loss of right to use in advance:
    1. If the User deletes the user account in the manner prescribed by the Company;
    2. If the Company determines that it is appropriate to delete the user account pursuant to the provisions of the preceding Article; or
    3. If the User has not used neem for more than six months and the Company deems it appropriate to delete the User’s account.
  2. A User who has lost the right to use neem pursuant to the preceding paragraph shall not be able to use neem or the neem Browser from that point onward, and the User and the successors shall agree in advance that they will not be able to make a request to the Company for the use of the account, User Content, or other information and points accumulated in neem for any reason, and that all content in neem may be deleted.
  3. The User shall not be released from all obligations and liabilities (including but not limited to liability for damages) under the Use Agreement to the Company and third parties even if the User loses the right to use neem pursuant to the provisions of Paragraph 1.
  4. The Company may retain and use the information provided by the User to the Company even after the User loses the right to use neem pursuant to the provisions of Paragraph 1.

Article 13. Change, Termination, Suspension, etc., of neem

  1. The Company may change or make additions to neem in part or in full without prior notice to the User.
  2. The Company may, at its discretion, terminate the provision of neem. In the case that the provision of neem is terminated, the Company shall notify the User in advance..
  3. The Company may temporarily suspend neem in part or in full without prior notice to the User in any of the following cases.
    1. For regular or urgent maintenance, update, or repair of communication equipment and applications, etc., for neem;
    2. If there is a heavy load on the system due to excessive access or other unforeseen factors, or when any other problem occurs on the neem system;
    3. When necessary to ensure the security of the Users;
    4. When telecommunications carrier services are not provided;
    5. When it is difficult to provide neem due to force majeure, including natural disasters such as earthquakes, floods, fires, blackouts, other unforeseen accidents, war, conflict, disturbances, riots, labor disputes, etc.;
    6. When it is not possible to provide neem due to laws and regulations or measures taken thereunder; or
    7. Any other case when the Company deems it necessary in accordance with the preceding items.
  4. The Company shall not be liable for any damages caused to the User by any action taken by the Company under this Article.

Article 14. Responsibility of Users

  1. The User shall use neem at their own risk, and the User is responsible for any actions taken in using neem and for the consequences thereof.
  2. If the Company finds that the User is using neem in violation of the Terms, the Company will take measures such as Suspension, etc., under Article 11. However, the Company has no obligation to prevent or remedy such violation.
  3. If any damages are caused to the Company, directly or indirectly, as a result of the User’s violation of the Terms or the use of neem (including cases where the Company receives a claim for damages or other claims from a third party as a result of the User’s acts), the User must immediately indemnify the Company for all damages (including attorneys’ fees) as requested by the Company.
  4. In the event of any dispute regarding neem between the Users or between the User and any third party, the User concerned shall notify the Company and resolve it at the User’s own risk and expense. The Company shall have no obligation and no liability to be involved in the dispute.

Article 15. Elimination of Antisocial Forces

  1. The User shall represent and affirm to the Company that:
    1. The User is not an organized crime group, an enterprise associated with an organized crime group, a racketeer, or any other person equivalent thereto, or a member thereof (hereinafter collectively, “anti-social force”), and has no relationship with an anti-social force;
    2. The officer (a director, corporate officer, executive officer, auditor, or any other person equivalent thereto) of the User is not an anti-social force and has no relationship with an anti-social force;
    3. The User will not conclude the Use Agreement by allowing an anti-social force to use the User’s name;
    4. The User or their officer does not cooperate or engage in the maintenance and operation of an anti-social force, by providing funds, conveniences, etc., to an anti-social force;
    5. The User will not perform any of the following acts with regard to the Use Agreement for their self or through a third party;
      1. Any act of threatening behavior or violence against the other party; or
      2. Any act of obstructing the business of the other party or damaging the reputation of the other party by force or fraudulent means.
  2. If the User violates any of the representations set forth in the preceding paragraph, the Company may terminate the Use Agreement and take measures such as Suspension, etc., under Article 11 without any notice.
  3. If the Use Agreement is terminated pursuant to the provisions of the preceding paragraph, the User shall indemnify the Company for damages suffered by the Company.
  4. If the Use Agreement is terminated pursuant to the provisions of Paragraph 2, the User shall not be able to pursue the Company’s legal responsibility for any damages arising from the termination.

Article 16. Disclaimer

  1. neem is provided as is. The Company does not expressly or implicitly guarantee any warranty regarding any matter, including the following (this includes defects in rights, products, fitness for a particular purpose, etc.):
    1. neem will be free from interruptions or errors; In addition, the Company will not be responsible for any errors, omissions, interruptions, erasures, defects in operation or communications, delays in operation or transmission, communication line failures, or theft, damage, unauthorized access to, or alteration of content or User communications or messages.
    2. neem (including content within neem and associated services, etc.) or information obtained on or through neem is accurate, complete, reliable, up-to-date, or error-free, and that it is free from viruses or other harmful content.
  2. The Company does not take any responsibility for live streaming performances, or any other matters related to transmission made by Users.
  3. Users shall use neem at their own risk, and the Company shall not be held liable for any matters related to other Users or live streams performed using neem.
  4. Users shall use neem within the scope of the law. In the event that a User violates Japanese or foreign laws in the connection with the use of neem, the Company will not be held liable.
  5. The Company may suspend, stop, terminate, discontinue, make unavailable or change the provision of neem, and shall not be held liable for any deletion or loss of User messages or information, cancellation of User registrations, loss of data or equipment failure or damage due to the use of neem, or any other damages suffered by Users related to neem.
  6. If a link to a website provided by a third party is provided through neem, or a link to neem from a website provided by a third party is provided, the Company shall not be held liable for any reason whatsoever regarding the information obtained from such websites.
  7. Users may link their social media accounts with neem, but being able to link with social media accounts is not guaranteed and the Company will not be held responsible if Users are unable to link neem with their social media accounts.
  8. In the case neem is linked to a social media account, etc., the User shall comply with the terms of service of the linked social media service at their own expense and responsibility, and in the event of disputes etc. that may arise between the User and the business operating the social media account, etc., the Company will not be held liable for such disputes, etc.
  9. Notwithstanding the provisions of each of the preceding paragraphs, the User may claim compensation for damages from the Company if there is a cause attributable to the Company in the event of damage arising from or related to the use of neem. Furthermore, in any case, except in cases where there is intentional or gross negligence on the part of the Company, the User agrees that (i) the damages subject to such compensation are limited to direct and ordinary damages that actually occur due to reasons attributable to the Company, and (ii) the cumulative account of damages that the Company shall compensate the User for shall be limited to the total amount of money actually received by the Company from the User in the past six months from the time when the cause of the damage occurred.

Article 17. Contact Method

  1. The Company will provide the User with notifications about neem by posting on an appropriate location in neem, by email, or by any other means deemed appropriate by the Company.
  2. When the Company notifies the User by sending an e-mail, the notification from the Company shall be deemed to have been delivered to the User when the e-mail should normally be delivered after having been sent to the e-mail address registered by the User.
  3. Any inquiry or other communication or notification from the User to the Company regarding neem shall be made by sending an inquiry form operated by the Company in a suitable location in neem or by any other method specified by the Company, and the Company shall not be obliged to respond to any inquiries or communications made by any method other than that specified by the Company.
  4. Notification, communication, and provision of support to the User shall be made in Japanese only.

Article 18. Prohibition of Transfer, etc., of Rights and Obligations

  1. The User may not assign, lend, hand over or otherwise transfer, put up as security, or otherwise dispose of any of the User’s rights or obligations under the Use Agreement or the User’s status under the Use Agreement to any third party.
  2. If the Company transfers business related to neem to a third party or has any person succeed business related to neem through a merger or company split, etc., the Company may cause the transferee, etc., of the business transfer to succeed the status, rights, obligations, and the User information under the Use Agreement in connection with the transfer, etc., and the User shall consent in advance to the transfer, etc.

Article 19. Changes to the Terms, etc.

  1. The Company may change the contents of the Terms at any time at its discretion without obtaining the individual consent of Users in any of the following cases:
    1. If the change in the Terms conforms to the general interest of the User; or
    2. If the change in the Terms is not contrary to the purpose for which the agreement was made and is reasonable considering the necessity of the change, the appropriateness of the content after the change, and other circumstances pertaining to the change.
  2. When the Company changes the Terms pursuant to the provisions of the preceding paragraph, the Company shall make known the contents of the revised Terms and the effective date by notification on neem or any other method deemed appropriate by the Company.
  3. If the User uses neem after the changes to the Terms become effective, the User will be deemed to have accepted all of the changed Terms.
  4. The Company shall not be liable for any damages caused to the User by any changes to the Terms made by the Company under Paragraph 1.

Article 20. Termination

  1. If the User wishes to delete their account, the User shall apply for deletion to the Company using the method prescribed by the Company.
  2. If the User deletes their account, the Use Agreement between the User and the Company shall be terminated, and in the event that the User newly registers an account with the same email address or account information as before the termination, the Company shall have no obligation to recover or restore the User’s registration information, User Content, or any other information.
  3. If the User deletes their account or the User’s registration is terminated, the Company may delete the User’s registration information, acquired points, User Content, and any other data related to the User. Furthermore, the Company shall not be held liable for any damage caused to the User due to the deletion of any data related to the User.
  4. Even if the User deletes their account or a User’s account is terminated, the Company has no obligation to delete the User’s registered information, acquired points, User Content, or any other data related to the User. However, the Company will not delete any data related to the User until the payment of the data transfer fee and area usage fee for the User is completed. Furthermore, the Company shall not be held liable for any damage caused to the User due to failure to delete any data related to the User.

Article 21. Severability

  1. If any provision or part of the Terms is found to be invalid or unenforceable, such determination shall not affect the other parts, and the remaining parts shall continue to be fully valid and enforceable. The Company and the User shall agree to try to ensure equal effect and to be bound by the amended Terms in accordance with the intent of the provision or part of the provision found to be invalid or unenforceable.
  2. If any provision or part of any provision of the Terms is deemed invalid or unenforceable in relation to any User, it shall not affect the validity, etc., in relation to other Users.

Article 22. Governing Law and Jurisdiction

  1. The Terms and the Terms of Service shall be governed by and construed in accordance with the laws of Japan.
  2. In the event of any dispute between the User and the Company relating to the Terms, the Terms of Service or neem, the Tokyo District Court shall be the court with exclusive jurisdiction in the first instance.
  3. This agreement will be drafted in Japanese. Even if this agreement is translated into other languages, only the Japanese version will be considered the official document, and shall always take precedence over translations in other languages.

YouTube Integration

YouTube Terms of Service

YouTube API Services – Developer Policies

Google Privacy Policy

Established on July 24, 2023
Revised on October 5, 2023
Revised on February 27, 2024
Revised on April 10, 2024
Revised on May 1, 2024
Revised on September 24, 2024
Revised on February 6, 2025

Terms of Use for the neem Browser

These Terms (hereinafter, the “Terms”) set forth the terms and conditions for the license of the neem Browser. When you use the neem Browser, you are required to agree to the following Terms with Soft Gear Co., Ltd. (hereinafter, “the Company”). If you install this neem Browser, you are deemed to have agreed to the Terms. Please install the neem Browser only if you agree to the Terms after thoroughly reviewing the content of the Terms. If you do not agree to the Terms, do not install the neem Browser or immediately delete it from your computer’s temporary memory or hard drive.

Article 1. Definition of Terms

  1. The term “Software” means the neem Browser for download and the complete set of offerings provided therewith. The term “offerings” means software and related materials (such as operating manuals) and anything else provided when downloading the neem Browser from the official neem website, App Store, or Google Play, including upgrades and replacements that the Company may provide later.
  2. The term “use” means installing the Software on a computer’s storage device or memory or executing it on a CPU.
  3. The term “User” means anyone who downloaded the Software and includes those who have been granted a neem account and those who use neem via guest login.

Article 2. License to Use

  1. The Company grants the User the non-exclusive right to use the Software, and the User shall use the Software in accordance with the provisions of the Terms.
  2. The copyrights, patent rights, and all other intellectual property rights to the Software belong to the Company or a third party who granted the license to the Company. The Company does not assign any rights to the Software to the User.
  3. The User may use the Software only in Japan.
  4. The Software may only be used for the “neem” service provided by the Company. When using the Software, the User must comply with the terms of service applicable to the “neem” service. If the User terminates the use agreement for the “neem” service, the non-exclusive right to use the Software shall be terminated as well.

Article 3. Prohibited Matters

  1. The User may not modify, reverse engineer, disassemble, decompile, translate, or adapt the Software in whole or in part on their own or through a third party.
  2. The User may not, for any reason, transfer, sell, or sublease the Software in part or in full or create, transfer, sell, or sublease derivative works thereof to any third party.
  3. It is prohibited to use the Software in violation of the terms of service applicable to the “neem” service.

Article 4. Account Suspension, etc.

The Company may suspend or delete the User’s account if the User violates the Terms or any laws and regulations.

Article 5. Compensation for Damages

If the User violates the Terms or any laws and regulations, thereby causing damages to the Company or any third party, the User shall be liable to indemnify the Company or any third party for all damages caused directly or indirectly.

Article 6. Disclaimer

  1. The Company is under no obligation to provide the Software to the User and assumes no responsibility for any direct or indirect damages caused to the User by the use or inability to use the Software.
  2. The Company does not guarantee the Software’s quality, performance, or suitability for any specific purpose.
  3. The Company will not be liable for any damages caused to the User by default of obligations due to the Company’s negligence (including gross negligence), and the Company does not assume any obligations in connection with the provision thereof.

Article 7. Changes to the Terms, etc.

  1. The Company may change the contents of the Terms at any time at its discretion without obtaining the individual consent of Users in any of the following cases:
    1. When the change in the Terms conforms to the general interest of the User; or
    2. If the change in the Terms is not contrary to the purpose for which the agreement was made and is reasonable considering the necessity of the change, the appropriateness of the content after the change, and other circumstances pertaining to the change.
  2. When the Company changes the Terms pursuant to the provisions of the preceding paragraph, the Company shall make known the contents of the revised Terms and the effective date by any method deemed appropriate by the Company.
  3. If the User uses the Software after the changes to the Terms become effective, the User will be deemed to have accepted all of the changed Terms.
  4. The Company shall not be liable for any damages caused to the User by any changes to the Terms made by the Company under Paragraph 1.

Article 8. Changes to Specifications, etc. of the Software

  1. The Company may, at its discretion, change the specifications of the Software and the contents of manuals, etc., without prior notice.
  2. The Company may suspend the release of the Software without notice.

Article 9. Severability

  1. If any provision or part of the Terms is found to be invalid or unenforceable, such determination shall not affect the other parts, and the remaining parts shall continue to be fully valid and enforceable. The Company and the User shall agree to try to ensure equal effect and to be bound by the amended Terms in accordance with the intent of the invalid or unenforceable provision or part.
  2. If any provision or part of the Terms is deemed invalid or unenforceable in relation to any User, it shall not affect the validity, etc., in relation to other Users.

Article 10. Governing Law and Jurisdiction

  1. The Terms shall be governed by and construed in accordance with the laws of Japan.
  2. In the event of any dispute between a customer (including those who use neem) and the Company relating to the Terms or the Software, the Tokyo District Court shall be the court with exclusive jurisdiction in the first instance.

Established on July 24, 2023
Revised on October 5, 2023
Revised on February 27, 2024
Revised on September 24, 2024