BOXIV SHARE App Terms of Service

The BOXIV SHARE App Terms of Service (these “Terms”) set out the conditions of use of the application “BOXIV SHARE” (the “App”), which is operated and provided by BOXIV Inc. (the “Company”). Customers shall agree to these Terms before using the App.
These Terms apply to the entirety of the relationship between the customers who use the App (each a “User”) and the Company.

Article 1 (Definitions)

The terms used in these Terms have the meanings set out in the following items.
“Partner Operator” means a company that has entered into an agreement with the Company concerning the handling of car sharing services.
“Device” means a smartphone of a model designated by the Company that supports the App and that is owned or managed by the User.

Article 2 (License to use)

1. Subject to the conditions set out in these Terms, the Company grants the User a non-exclusive and non-transferable license to use the App on a Device.
2. The provisions of the preceding paragraph do not mean that the Company assigns to the User the copyright, ownership or any other right whatsoever in the App.
3. All intellectual property rights, including copyright, and all other rights whatsoever relating to the App belong to the Company or to the third parties that have licensed them to the Company.

Article 3 (Content of the App)

1. Through the App, the User may use the various services and content relating to car rental and car sharing that are provided by the Company or by a Partner Operator.
2. Where the User uses the various services and content provided by the Company or by a Partner Operator, the User shall comply, in addition to these Terms, with the terms of use and other provisions separately established by the Company or by the Partner Operator (together with these Terms, the “Terms and Rules”).

Article 4 (Devices used)

1. The App may be used on a smartphone of a model designated by the Company that supports the App.
The User shall be responsible for providing, at the User’s own expense, the device, software, communication line and anything else required to use the App.
2. The User shall be responsible for managing, at the User’s own expense, the device onto which the App has been downloaded, and the Company shall bear no liability whatsoever for any damage arising from theft of the device, from error in its use, from use by a third party, from unauthorized access or from any similar cause.

Article 5 (Restrictions on use)

1. The User must not reproduce, modify, transmit to the public (including making available for transmission), distribute, assign, lend, adapt or sub-license the App, the programs it comprises, or the information, content or other materials provided through the App.
2. The User must not use the App for any improper or commercial purpose.

Article 6 (Prohibited acts)

In using the App and the services and content provided on the App (collectively, the “App Services”), the User must not engage in any of the acts set out below.
(1) Acts that infringe the intellectual property rights of the Company or of a third party (including a Partner Operator; the same applies below)
(2) Acts that infringe the property, rights or privacy of the Company or of a third party
(3) Acts that damage the honor or credit of the Company or of a third party
(4) Acts of transmitting or posting harmful computer programs or the like
(5) Acts that violate the rules of any network in Japan or overseas through which the User's communications are routed
(6) Acts that obstruct, or are likely to obstruct, the operation of the App Services
(7) Acts that violate laws and regulations or public order and morals
(8) Acts that violate the provisions of the Terms and Rules
(9) Any other act that the Company judges to be inappropriate

Article 7 (Prohibition of assignment of rights)

The User must not assign to a third party, or provide as security, the right to use the App Services.

Article 8 (Suspension and termination of use)

Where the User falls under any of the grounds set out below, the Company may suspend or terminate the use of all or part of the App Services without prior notice to the User. Even where this causes damage to the User, the Company shall bear no liability whatsoever.
(1) Where the User is an anti-social force, or has a relationship with an anti-social force
(2) Where the User has violated the provisions of the Terms and Rules
(3) Where the Company otherwise judges the User to be unsuitable as a user

Article 9 (Interruption of the App)

Where any of the grounds set out in the following items arises, the Company may temporarily interrupt the provision of the App Services without prior notice to the User.
(1) Where scheduled or emergency maintenance is performed on systems relating to the App
(2) Where the App Services cannot be provided because of fire, a power failure or the like
(3) Where the App Services cannot be provided because of a natural disaster such as an earthquake, a volcanic eruption, a flood or a tsunami
(4) Where the App Services cannot be provided because of war, riot, civil disturbance, a labor dispute or the like
(4) Where the communication service is suspended, or where a communication failure arises owing to the operating environment of the device or to other circumstances
(5) Where the Company otherwise judges, for operational or technical reasons, that a temporary interruption of the provision of the App Services is necessary

Article 10 (Deletion of posted information)

The Company may, without prior notice to the User, delete information, documents and the like posted by the User using the App. Even where this causes disadvantage or damage to the User, the Company shall bear no liability whatsoever for it.

Article 11 (Change or discontinuation of the App)

1. The Company may change, add to or discontinue all or part of the content of the App Services without obtaining the prior consent of the User.
2. Even where damage is caused to the User by the matters set out in the preceding paragraph, the Company shall bear no liability whatsoever for that damage.

Article 12 (Changes to these Terms)

1. The Company may change the content of these Terms by notifying Users of the change by posting it in the App or by any other method that the Company considers appropriate.
2. Where the Company notifies Users of a change to these Terms by posting it in the App, the change takes effect at the time of posting. However, where the Company judges that the content of the change has a material effect on Users, the Company shall give notice of the change a reasonable period in advance.
3. A User who uses the App after a change to these Terms has taken effect is deemed to have agreed to these Terms as amended.

Article 13 (Disclaimer)

1. The Company gives no warranty whatsoever as to the fitness for a particular purpose, usefulness, accuracy or completeness of the App Services.
2. The User uses the services and content of Partner Operators at the User’s own risk, and the Company shall bear no liability whatsoever for any damage arising from their use or from the inability to use them.
3. Even where damage is caused to the User by any of the matters set out below, the Company shall bear no liability whatsoever for it.
(1) An improper act such as unauthorized access by a third party or the introduction of a computer virus, despite the Company having taken reasonable security measures
(2) Interruption, delay, unavailability, data loss or the like affecting the App or the provision of the App Services, owing to a failure of a communication line, system, server or the like
(3) A misstatement or an error in the content, information or the like provided by a Partner Operator
(4) An accident or damage arising from the User’s remote operation of a car sharing vehicle through the App
4. With respect to use of the App, the Company shall bear no liability whatsoever for any dispute arising between the User and a third party (including, but not limited to, other Users and Partner Operators).

Article 14 (Governing law and jurisdiction)

1. These Terms are governed by the laws of Japan and shall be construed in accordance with those laws.
2. For any dispute arising between the User and the Company in relation to the App Services, the parties agree that the court having jurisdiction over the location of the Company’s head office shall have exclusive jurisdiction.

Established August 8, 2024