[Note: This Terms and Conditions of Use is originally created in the Japanese language and this English version is a translation thereof prepared for convenience only. In the event of any conflict or inconsistency between the Japanese and English versions, the Japanese version shall prevail. If AY HAPPY. operates its shopping site service, this service is available only to those living or located in Japan.]

AY HAPPY (the “Company”) sets forth as follows the Terms and Conditions of Use (these “Terms”) for the use of the Company’s corporate site, service guide site, shopping site, and other services operated by the Company (collectively, the “Services”). Persons using the Services are deemed to have consented to the following terms. Further, separate Terms and conditions of use shall apply to services regarding game applications provided by the Company, and separate guidelines and other rules may also be prescribed for the use of other specified services; accordingly, please review the guidelines and other rules for each of the services. The guidelines and other rules for services constitute a part of these Terms, and these Terms include all of such guidelines and other rules.

Ⅰ. General Rules

Article 1: Scope of these Terms

These Terms apply to the Company and users of the Services including Members (defined in Article 3, Paragraph 1) (“Users”) with respect to use of the Services.

Article 2: Amendment of these Terms

1. Without the need for the prior consent of Users, the Company may amend these Terms by making announcement in the Services or notifying Users in a manner the Company determines to be appropriate.

2. If these Terms are amended in accordance with the preceding paragraph, Users who do not consent to such amendments must discontinue their use of the Services. Users who continue to use the Services subsequent to such amendments shall be deemed to have consented to the amended Terms.

Ⅱ. Members

Article 3: Members

1. “Members” are persons who, having consented to these Terms, have applied for member registration in accordance with procedures prescribed by the Company, and have been approved by the Company.

2. The Company may choose to make all or some of the Services available only to Members.

Article 4: Member Registration

1. Persons wishing to become Members shall apply for member registration in accordance with procedures designated by the Company.

2. Approval of an application of Paragraph 1 shall be given by transmission of a registration confirmation email or other method designated by the Company.

3. If any of the following applies, the Company may choose not to approve the relevant registration application:

(1) If it is learned that because of a prior violation of these Terms by a member candidate or other reason, such candidate has been subject to cancellation of member registration or other sanction;

(2) If a member candidate’s application contains false information; or

(3) If the Company otherwise determines that approving an application for registration is inappropriate.

Article 5: Notification of Change

If there are any changes to information that was submitted to the Company for member registration, a Member shall promptly perform modification procedures in the manner separately designated by the Company.

III. Use of Services

Article 6: Use of the Services

1. Users shall use the Services in accordance with these Terms.

2. The Company may change the contents of the Services without the prior consent of Users.

3. Users shall be aware of that when transmitting credit card numbers and otherwise making payment when using the Services, there is the danger of such information being leaked or otherwise misused, and shall make such payments etc. under their own responsibility.

Article 7: User Information

The Company shall manage and use personal information of Users learned by the Company in connection with use of the Services pursuant to the separately published Privacy Policy.

Article 8: Distribution of E-mails

1. To provide information regarding the Services or other the Company business, the Company may at suitable times distribute e-mail magazines and other e-mails to Members, and Members consent to such.

2. In the e-mails of the preceding paragraph, the Company may post advertisements of the Company or third parties approved by the Company, and Members consent to such.

Article 9: Prohibited Matters

Users shall not engage in any of the following acts:

(1) The act of inputting false contents or making false registration applications when using the Services;

(2) An act that is likely to interfere with the operation of the Services, or otherwise hinders the Services;

(3) The act of using the Services through the unauthorized use of credit card or mobile phone settlements;

(4) An act that causes or is likely to cause inconvenience, disadvantage or damage to other Users, third parties or the Company;

(5) An act that infringes upon or is likely to infringe upon copyrights, other intellectual property rights, privacy, personal rights, or other rights of other Users, third parties, or the Company;

(6) The act of transmitting or posting harmful computer programs or the like;

(7) In the case of Users who are minors, the act of using the Company’s services without the consent of persons having parental authority;

(8) An act that is or is likely to be contrary to public order or any other act that violates or is likely to violate laws and regulations; and

(9) Any other act the Company determines to be inappropriate.

Article 10: Suspension of Use of the Services, Cancellation of Member Registration

If any of the following applies to a User, the Company may without prior notice to the User suspend the use of the Services or cancel the User’s member registration:

(1) If it is learned that because of a prior violation of these Terms or other reason, the User was subject to cancellation of member registration or other sanction;

(2) If the contents of a User’s application at the time of member registration contain false information;

(3) If the performance of an obligation of a User such as fees relating to the Services is delay or the obligation is otherwise in non-performance;

(4) If any act set forth in Article 9 (Prohibited Matters) is carried out; or

(5) If these Terms are otherwise violated.

Article 11: Copyrights

1. Users may not use any information provided through the Services outside the scope of copyright restrictions, without permission from the rights holder.

2. If a problem arises resulting from a violation of the provisions of this Article 11, the User shall resolve such problem under the User’s own responsibility and at the User’s own expense, and shall hold the Company harmless in such regard.

Article 12: Service Maintenance

In order to maintain good operational conditions for the Services, if any of the following applies, the Company may suspend or terminate provision of all or some of the Services without prior notice to the User:

(1) When performing regular or emergency maintenance of computer systems used for provision of the Services;

(2) If because of a power outage, fire, earthquake, flood, lightning, blizzard, or other natural disaster, system operation becomes infeasible;

(3) If because of system defect, unauthorized access by a third party, computer virus infection, or other reasons, system operation becomes infeasible; or

(4) If because of any other unavoidable reason the Company determines that it is necessary to suspend the systems that provide the Services.

Ⅳ. Purchase of Merchandise

Article 13: Purchase of Merchandise

1. Users may purchase merchandise etc. introduced by the Services from third-party-operated shopping sites and other sites (“Linked Sites”).

2. If Users wish to purchase merchandise etc. on Linked Sites, they must comply with the terms of use stipulated by such Linked Sites when applying to purchase the merchandise etc.

3. The provisions of Article 14, Paragraph 3 shall apply to the use of Linked Sites by Users, and the Company makes no warranties or bears no responsibility whatsoever for the transaction and the nature or the quality of merchandise etc. at the Linked Sites. Further, if any trouble arises in using a Linked Site, such trouble shall be resolved by the User and the operator of such Linked Site, and the Company shall not be involved in any way.

Ⅴ. Other

Article 14: Disclaimers

1. The Company shall not be liable for any damage suffered by Users in connection with the Services or services ancillary thereto; provided, however, that the Company shall be liable if Users suffer damage through the willful misconduct or gross negligence of the Company.

2. If, through the use of the Services or services ancillary thereto, a User causes another User or a third party to suffer damage, such User shall resolve the same under the User’s own responsibility and at the User’s own expense, and shall hold the Company harmless in such regard.

3. Even if a link to a third-party site is provided by the Services or services ancillary thereto, the Company has no connection whatsoever to contents, advertisements, merchandise, services, or the like available on such third-party site. The Company shall not be liable for any damage suffered by Users as a result of or in connection with such contents, advertisements, merchandise, or services.

Article 15: Other

1. Inquiries to the Company by Users and other communication between the Company and Users shall in principle be through e-mail.

2. These Terms shall be governed by the laws of Japan.

3. The Sapporo District Court shall be the exclusive court of first instance for any disputes arising in relation to these Terms.

EFFECTIVE AS OF: July 05th, 2019