Article 1 (Application of the Terms)
1. These terms and conditions stipulate the use of the Kyash Money Account provided by Kyash Inc. (hereinafter referred to as "we" or “us”).
3. The Service is only available to residents of Japan.
Article 2 (Definitions)
The terms used in these terms and conditions shall have the following meanings:
1. "Money Account" refers to the Kyash Money Account opened in accordance with the procedures specified by us for the purpose of using the Service. In addition to Kyash Money, the Users can also hold "Kyash Value" and "Benefits" in their Money Account.
2. "Service" refers to the services related to fund transfers under the Payment Services Act provided by us through the “App” and any associated services in general.
3. "Kyash Money" refers to the electronic money issued by us that enables payment, funds transfer, and cashing out.
4. "User" refers to a person who opens and holds a "Money Account" in accordance with Article 3 for the purpose of using the Service.
5. "Money Account Holder" refers to a third party who holds a Money Account.
6. "App" refers to the Kyash application provided by us for the purpose of using the Service.
7. "Kyash Card" refers to the VISA prepaid card or Card number in certain contexts necessary for payment of the purchase of Eligible Goods in relation to the use of the Service.
8. "Value Account" refers to the Kyash Value Account opened in accordance with the procedures specified by us. In the Value Account, Users can hold "Kyash Value" as well as "Benefits" (however, "Kyash Money" cannot be held).
9. "Kyash Value Service" refers to the services related to Prepaid Payment Instruments for Third-Party Business under the Payment Service Act provided by us through the App and any associated services in general.
10. "Kyash Value" refers to Prepaid Payment Instruments for Third-Party Business issued by us, which generally is not eligible for cashing out under the Payment Services Act.
11. "Value Account Holder" refers to a third party who holds a Value Account.
12. "Benefits" refer to the items defined in Article 21.
13. "Eligible Goods" refer to goods, services, etc., for which payment can be made at Participating Merchants using "Kyash Value" or "Kyash Money."
14. "Participating Merchants" refer to VISA member stores and other merchants specified by us, including physical stores and online shops.
15. "specified by us" refers to matters specified by us, which are displayed on our website, the App, and other means.
16. "Payment Services Act" refers to the "Payment Services Act; Act on Regulation of Payment ServicesAct No. 50 of 2020" in Japan.
17. "Act on Prevention of Transfer of Criminal Proceeds" refers to the "Act on Prevention of Transfer of Criminal Proceeds; Act No.22 of 2018" in Japan.
18. "Anti-Social Forces" refers to organized crime groups, members of organized crime groups, individuals who have not yet reached five years after ceasing to be members of organized crime groups, quasi-members of organized crime groups, companies related to organized crime groups, extortionists, or special intelligence organized crime groups, and other similar entities.
19. "Non-residents" refers to individuals or entities without a registered address in Japan.
Article 3 (Opening of Money Account)
1. Opening a Money Account is contingent upon having a Value Account. Users must first open a Value Account through the method specified by us and then apply for the transition from Value Account to a Money Account.
2. Those who wish to open the Value Account shall download the App to their mobile devices and provide the necessary information specified by us. After that, they will complete personal authentication via SMS and, upon approval by us, a Value Account will be opened.
3. To transit from a Value Account to a Money Account, Users must complete identity verification upon the initiation of transaction under the Act on Prevention of Transfer of Criminal Proceeds.
4. If a User does not pass the eligibility check mentioned in the preceding paragraph, they will not be able to open or hold a Money Account. We cannot disclose the reasons for the failure to pass the eligibility check.
5. Once transitioned to a Money Account, the Value Account will be automatically closed and cease to exist. Once transitioned, it is not possible to revert back to a Value Account.
6. The Kyash Value and any associated Benefits held at the time of transition will be carried over to the Money Account.When applying for the opening of a Money Account as stated in the preceding paragraph, Users must enter accurate and true information.
7. The Money Account exclusively belongs to the User. The User cannot assign, lend, or inherit these rights to a third party.
8. If a User is a minor (below 18 years old), they must obtain the prior consent of their legal guardian or statutory representative when opening a Money Account. If we receive an application for Money Account opening from a minor, it will assume that the User has obtained the consent of their legal guardian.
9. If a User falls under or is deemed to fall under anti-social forces, they cannot open or hold a Money Account.
10. Individuals who fall under the category of "Politically Exposed Persons (PEPs)" as defined in the Act on Prevention of Transfer of Criminal Proceeds, including those currently holding public positions in foreign countries or those who held such positions in the past, as well as their families and close relatives, generally cannot open a Money Account.
11. If a User's Money Account has been previously closed by us, they cannot open a Money Account again.
12. Non-residents cannot open a Money Account.
Article 4 (Issuance of Kyash Card)
1. When the User applies for the issuance of the Kyash Card, the User shall register the required information as specified by us. In this case, the User shall bear the issuance fee (including postage) as specified by us.
2. Identity verification upon the initiation of transactions under the Act on Prevention of Transfer of Criminal Proceeds are required for issuance of the Kyash Card.
3. If a User does not pass the eligibility check mentioned in the preceding paragraph, we cannot issue the Kyash Card. We cannot disclose the reasons for the failure to pass the eligibility check.
4. We will send the Kyash Card to the address provided by the User in the application. If the Kyash Card is returned to us due to an incorrect address or the User's refusal to accept it, we may dispose of the Kyash Card after a storage period of six months or more. In this case, the issuance fee paid by the User (including postage) will not be refunded.
5. Upon receipt of the Kyash Card, the User shall sign the back of the Kyash Card in their own handwriting.
6. The Kyash Card is lended by us to the User for the purpose of payment transactions as stipulated in the following article and the ownership of the Kyash Card belongs to us.
7. The expiration date of the Kyash Card shall be as indicated on the face of the card or App. An expired Kyash Card cannot be used. We will send a Kyash Card to the User before the expiration date, and the User is required to register the Card in their Money Account using the method specified by us.
8. If the Kyash Card becomes unusable due to magnetic defects, damage or contamination of the IC chip, or any other reason, the User may apply for card reissuance in accordance with the method as specified by us. The issuance fee (including postage) shall generally be borne by the User.
Article 5 (Secururity of Kyash Card, App, Password, etc.)
1. In order to prevent unauthorized use of the Money Account and Kyash Card, Users shall set passcodes or biometric authentication on their mobile devices or other means and handle them with strict security at their own responsibility.
2. When using the Service, Users shall control their account information (including card numbers, PINs, etc., but not limited to these) and passwords or passcodes (including SMS authentication numbers, passcodes, security codes, etc., but not limited to these) related to the Money Account and Kyash Card with strict security at their own responsibility.
3. Users shall not lend or transfer their Account information to third parties.
4. If any changes occur in the information provided by the User for the use of the Service (including the information registered when opening the Money Account or applying for Kyash Card issuance), the User shall promptly correct and update the information through the method as specified by us.
5. In the event of the loss or theft of Account information, the User shall immediately take the necessary steps to suspend the use of the Kyash Card through the App and notify us.
6. If we determine that the Kyash Card has been lost, stolen, or used fraudulently by a third party, or if there is a risk thereof, we may implement measures to suspend the use of the Kyash Card.
7. Unless otherwise required by law, when we receive account information, it assumes the information provided by the User is genuine without further verification.
8. The Service can only be used with the latest version of the App and the certain operating system specified by us.
Article 6 (Deposit to Money Account and Purchase of Kyash Value)
1. Users can deposit funds to their Money Account and increase their Kyash Value balance through the methods specified by us.
2. The deposited amount will be fully allocated for the purchase of Kyash Value, which is the third-party prepaid payment method issued by us, and an equivalent amount of Kyash Value will be immediately issued to the User's Money Account. The issued Kyash Value will be added to the User's Kyash Value balance.
3. Kyash Value is issued in units of 1 yen and is electronically recorded as a balance in the App.
4. The maximum limit per purchase of Kyash Value shall be specified by us.
5. The maximum balance limit for holding Kyash Value is 10 million yen.
6. Kyash Value has no expiration date.
7. Once Kyash Value is purchased, even in the case of unintended purchase, we cannot cancel it unless required by law.
Article 7 (Deposit Money Account and Purchase Kyash Money)
1. Users can deposit to their Money Account and increase their Kyash Money balance through the methods specified by us.However, in this case, the method described in the preceding article, paragraph 1, cannot be used for this depositing funds.
2. The deposited amount shall be allocated to Kyash Money, and an equivalent amount of Kyash Money will be immediately issued to the User's Money Account. The issued Kyash Money will be added to the Kyash Money balance.
3. Kyash Money does not accrue interest.
4. Once the balance is added according to the preceding paragraph, it cannot be reversed or canceled.
5. The maximum limit per perchase of Kyash Money is 1 million yen.
6. The maximum balance limit for holding Kyash Money is 1 million yen.
7. If the total amount of Kyash Money held by the User exceeds 1 million yen, we may, based on a comprehensive assessment, refund or take other actions regarding the excess amount.
8. Once Kyash Money is purchased, it cannot be refunded or reversed by us, unless required by law.
Article 8 (Settlement with Kyash Value or Kyash Money)
1. Users can make payments for Eligible Goods at Participating Merchants using Kyash Value or Kyash Money by using the method specified by us with the Kyash Card or the App (hereinafter referred to as "Payment").
2. When making a Payment, the User shall perform a signature on the Kyash Card identical to the one used for the Kyash Card's signature strip, enter a PIN (Personal Identification Number: a 4-digit PIN or similar), or use any other method specified by us to authorize the use of the Kyash Card.
3. Despite the preceding provision, there may be cases where payments cannot be made with Kyash Money at certain Participating Merchants, including annual fees, monthly fees, connection fees, transactions with recurring charges, transactions at certain expressways, certain hotels, or transactions conducted overseas.
4. In the event of a Payment, the equivalent amount of the Payment will be immediately deducted from the User's remaining balance of Kyash Value or Kyash Money (collectively referred to as "Balance"), and the reduced Balance will be electronically recorded in the App.
5. If the User holds both Kyash Value and Kyash Money in their Balance, Kyash Value will be prioritized for Payments.
6. Users cannot make a payment exceeding their Balance. If the Balance is insufficient, the User must deposit funds into the Balance before making another payment.
7. The maximum amount that can be used for Payment in the Money Account shall be specified by us.
8. When the User uses Kyash Money for Payment of Eligible Goods, it shall be deemed that the User has requested us to remit the corresponding amount to the Payment. At the time of the Payment, the equivalent amount of Kyash Money will be deducted from the Balance and recorded as the remaining Balance.
9. Based on the preceding paragraph, it shall be deemed that we have completed the requested remittance when we have made the Payment to VISA or the designated entity managing the payment network.
Article 9 (Cancellation of Payment)
1. In the event of cancellation occurring in the payment made by the User using Balance with the Participating Merchants, the User agrees to resolve the matter directly with the Participating Merchants, and we shall not be held responsible in any way.
2. If the said payment is canceled by the Participating Merchants, we will refund the amount reduced as the payment amount by adding and recording into the Money Account according to the method specified by us.
Article 10 (Temporary Freezing of Payment Amount)
1. In some Participating Merchants, there may be a certain period required between the confirmation (authorization) of Balance usability and the finalization of the payment amount. At the time of authorisation, the specified amount by us is temporarily frozen as the provisional payment amount and deducted from the Balance.
2. Once the payment amount is finalized or the period determined by the merchant has elapsed, the temporarily frozen provisional payment amount will be released, and offsetting will occur between the final payment amount and the provisional payment amount.
3. In the offsetting process, if there is a surplus in the provisional payment amount, the corresponding surplus amount will be refunded to the User's Balance, and if there is a shortage in the provisional payment amount, the corresponding shortage amount will be deducted from the Balance.
4. If it is not possible to deduct from the Balance as described in the preceding clause, the User shall purchase the Balance and make the payment. If the payment is not made by the User, we will make the payment on behalf of the User to the merchant, the amount of which the User shall pay by the designated payment date in the method specified by us. Furthermore, if the payment from the User is not made within the said payment date, the User agrees to pay a late payment interest of 14.6% per year to us during the period from the payment due date until the payment is completed.
Article 11 (Transactions at Overseas Stores)
1. When the User makes a payment using the Service at a merchant located overseas, there may be discrepancies between the initial payment amount (referred to as the "initial payment amount") and the amount finally determined (referred to as the "final confirmed amount") due to exchange rate fluctuations. The initial payment amount will be converted into Japanese yen based on the predetermined exchange rate (not limited to VISA) determined by the payment network operator responsible for processing transactions at the overseas store, and the corresponding Balance in Japanese yen will be deducted.
2. When the final payment amount is determined, the payment process will be carried out, and if there is an insufficient amount in the initial payment amount compared to the final confirmed amount, the corresponding Kyash Value will be deducted. If the initial payment amount exceeds the final confirmed amount, the excess amount will be refunded by adding it to the Balance.
3. If it is not possible to deduct from the Balance as described in the preceding clause, the User shall purchase the Balance and make the payment. If the payment is not made by the User, we will make the payment on behalf of the User to the merchant, the amount of which the User shall pay by the designated payment date in the method specified by us. Furthermore, if the payment is not made within the said payment date, the User agrees to pay a late payment interest of 14.6% per year to us during the period from the payment due date until the payment is completed.
4. For transactions at overseas stores, we will charge a "Overseas Service Fee" as specified by us for administrative processing of such transactions. The payment will be deducted from the Balance during the settlement.
5. In the event of cancellation of a transaction at an overseas store, the corresponding payment amount will be refunded to the User's Money Account. In this case, the User acknowledges that there may be discrepancies between the refund amount and the initial payment amount due to fluctuations in the exchange rate at the time of refund.
6. The overseas service fee will not be refunded even if the foreign currency-denominated transaction is canceled.
Article 12 (Transfer of Kyash Value)
1. The User can transfer Kyash Value to a Value Account Holder or a Money Account Holder within the range of the held balance, through the method specified by us (referred to as "transfer").
2. In the event of a transfer, the Kyash Value being transferred will be deducted from the transferor's Kyash Value balance.
3. Kyash Value can be transferred within the maximum limit as specified by us.
4. Once Kyash Value is transferred, it cannot be canceled by us (except as provided by laws and regulations). If a transfer is mistakenly made unintentionally, the transferor agrees to resolve it directly with the transferee.
Article 13 (Remit of Kyash Money)
1. The User can remit Kyash Money to another Money Account Holder within the range of the held balance, through the method specified by us (referred to as "remittance"). However, the maximum remittance limit for Kyash Money per transaction is 1 million yen.
2. In the event of a remittance, the Kyash Money being remitted will be deducted from the transferor's Kyash Money balance.
3. If the User sends Kyash Money to the Value Account Holder, it is deemed that the User automatically purchases Kyash Value with the Kyash Money and transfers the Kyash Value to the Value Account Holder.
4. When making a remittance, if the User holds both Kyash Value balance and Kyash Money balance in their Money Account, Kyash Value will be prioritized for usage.
5. Once Kyash Money is remitted, it cannot be canceled by us (except as provided by laws and regulations). If a remittance is mistakenly made unintentionally, the transferor agrees to resolve it directly with the transferee.
Article 14 (Relationship between the parties of Transfer and Remittance)
1. We shall not be a party, representative, intermediary, or have any legal responsibility for transactions or other legal relationships between the parties of Transfer of Kyash Value or remittance of Kyash Money (“Transfer”), in terms of formation, validity, and performance of the Transfer.
2. After the Transfer, even though it was found that there are non-performance or incomplete performance of the underlying obligations that caused the Transfer, the unlawful or illegal acts of the transferee, or other problems (hereinafter referred to as "Issues"),we shall not be obliged to refund the Transferred amount or take any other actions in relation to the said Transfer, except as required by laws and regulations. The parties of Transfer shall resolve such issues between themselves.
3. Furthermore, if we incur any damages as a result of dealing with such issues, the parties of the Transfer shall compensate us for such damages.
Article 15 (Prohibition of cashing out of Kyash Value)
1. Unless otherwise permitted by us based on exceptions stipulated by the Fund Settlement Act, cashing out or transferring Kyash Value to a registered bank account is generally not allowed. Therefore, if a User closing their Money Account in accordance with the method specified by us still holds the unused Kyash Value, such Kyash Value will be forfeited.
2. Notwithstanding the preceding clause, if we completely discontinue the handling of Kyash Value, which is a third-party prepaid payment instrument, due to changes in economic conditions, amendments to laws and regulations, or other reasons, Users may request a cashing out of their remaining Kyash Value balance in accordance with the procedures prescribed by laws and regulations. Please refer to Article 26 for more details.
Article 16 (Cashing out of Kyash Money)
1. Users can cash out Kyash Money using the methods specified by us, including 1) cashing out from to a financial institution's ATM or 2) send to the User's registered bank account (referred to as the "registered account") within the App (collectively referred to as "cashing out”).
2. Users shall provide cashing out instructions in App in the method specified by us. After receiving the cashing out instructions, we will deduct the instructed cashed out amount, the designated fee, and the applicable consumption tax from the User's Money Account balance and then proceed with the cashing out.
3. The cashing out process is considered completed at the point when the cashing out amount, minus the deducted fee and consumption tax, is either cashed out from an ATM (in the case of 1) or sent to the registered account as cash amount (in the case of 2).
4. If the cashed out amount, along with the fee and the applicable consumption tax, exceeds the Kyash Money balance, the cashing out cannot be processed.
Article 17 (Fees and Charges)
1. We may collect specified fees and charges when providing the Service.
2. Users shall pay the fees and charges mentioned in the preceding clause by deducting them from their Balance.
3. Users are responsible for separately bearing communication fees incurred when using the App.
4. If various taxes or other expenses arise from the use of the Service, Users shall bear them.
Article 18 (Method of Checking Kyash Money Balance and Issuance of Receipt)
1. Users can check the balance of Kyash Money within the App.
2. When we receives funds or other monetary assets from Users in relation to this Service, instead of providing written documents at the time of receipt, we will electronically provide Users with the information specified in Article 30, Paragraph 1 of the Cabinet Office Ordinance on Funds Transfer Providers (referred to as "Receipt"). Users give consent to receive such information through electronic means (“Consent”).
3. The provision of Receipt through electronic means will be made by displaying it in the transaction details within the App.
4. Users may withdraw the Consent in Paragraph 1, and instead request to receive the Receipt other than electronic methods, in the method specified by us.
5. If a User makes a request based on the preceding paragraph, we will issue a written Receipt. However, if the procedures for such issuance of a written Receipt impose an unreasonable burden on us, we may close the User's Money Account by providing prior written notice.
Article 19 (Kyash Shared Account)
1. Users can open a Kyash Shared Account (referred to as "Shared Account") in addition to their own Money Account (referred to as "Main Account") for the purpose of shared use, up to a maximum number of accounts as specified by us.
2. The Shared Account is a type of Money Account that can only hold Kyash Money and cannot hold Kyash Value.
3. The User who opens a Shared Account becomes the owner (referred to as "Owner") of the Shared Account, and all Kyash Money held in the Shared Account belongs to the Owner.
4. The Owner can grant proxy authority over the Owner's Shared Account which belongs to the Owner to other Users by inviting them as participants in the Shared Account.
5. The Owner and participants granted proxy authority can perform the following actions regarding the Kyash Money held in the Shared Account:
b. Remittance to another Money Account (including remittance to another Shared Account)
6. Deposits to the Shared Account can be made through the following methods:
a. Remittance from the Owner's Main Account
b. Remittance from the Money Account held by a participant
7. The Owner and participants will be promptly notified of any changes in the balance of the Shared Account due to the actions specified in Sections 5 and 6.
8. In the event of a refund for a payment made from the Shared Account, the refund will generally be returned to the Shared Account. However, if the Shared Account has been closed at the time of the refund, the refund will be directly returned to the Owner's Main Account.
9. The Owner has the discretion to remove a participant from the Shared Account at any time.
10. When closing the Shared Account, the Owner must deplete the balance of the Shared Account before closing it.
11. In the event of any issues between the Owner and participants, the parties involved will resolve them among themselves, and we assume no responsibility.
Article 20 (Instant Deposit "Ima Sugu Nyukin" service)
1. Users can use the "Ima Sugu Nyukin" (Instant Deposit) service as one of the methods to deposit funds into their Money Account, which allows Users to pay the deposited amount later than the deposit timing. In this case, the deposited amount shall be used for the purchase of Kyash Value.
specified by AG Mirai Barai Corporation (hereinafter referred to as "Mirai Barai").
3. If a User delays the payment deadline of the "Ima Sugu Nyukin" service, Kyash may take appropriate measures, such as suspending the User's use of the Service (including the app and card), without prior notice to the User, as determined appropriate by us.
4. Minors (below 18 years old) cannot use the "Ima Sugu Nyukin" service.
5. Users who use the "Ima Sugu Nyukin" service agree that we may receive their information regarding the cash advance payment service based on the assignment agreement from Mirai Barai.
6. Users acknowledge and agree in advance that their use of the "Ima Sugu Nyukin" service may restrict the certain services or functions such as transfer of Kyash Value as specified by us until the full repayment of the deposited amount which was made by "Ima Sugu Nyukin" service, as stipulated in Article 12.
Article 21 (Benefits and Rewards)
1. We may provide Users with various benefits (including point rewards, cashback, and others) free of charge as compensation for certain actions (referred to as "Benefits").
2. Certain Benefits specified by us can be converted to Kyash Value.
3. Specific details and conditions regarding Benefits will be posted separately on our website, within the App, or other designated locations.
4. Users can check the balance of Benefits within the App.
5. If Benefits have expiration dates, they will become canceled upon expiration, and the balance of expired Benefits will be deducted.
6. If Benefits are granted through a payment transaction, they will also be canceled if the transaction is canceled.
7. If the balance of Benefits is insufficient for cancellation as stated in the preceding clause, the corresponding shortage will be deducted from the Kyash Value balance.
8. Benefits cannot be cashed out.
9. In the event that any of the following apply, we may cancel all or part of the Benefits held by the User without prior notice:
(1) The Benefits violate or potentially violate laws, regulations, or these terms and conditions.
(2) The User engages in illegal or fraudulent activities or violates these terms and conditions.
(3) We decided to discontinue the Benefits.
(4) Other cases where we deem it appropriate to cancel the Benefits held by the User.
10. If the Money Account is closed, all Benefits held by the User will be canceled.
Article 22 (Messaging Feature)
1. Users are responsible for using the messaging function provided as part of the Service.
2. We shall generally ensure the confidentiality of specific transmitted content (referred to as "sent content") when the recipient is identified through the messaging function. However, if we receive reports of problematic sent content or there is a legal request, we may access and disclose the content to the extent necessary to ensure the sound operation of the Service or comply with legal obligations.
3. We do not perform backups or store the content of the messaging function.
4. We shall not be held responsible for any content exchanged through the messaging function. However, if we determine that the content or manner of use of the messages is inappropriate, we may delete such messages or suspend the User's access to the Service.
Article 23 (Prohibited Actions)
1. Users are prohibited from engaging in the following actions (including actions that may potentially fall under these categories) when using the Service:
a. Using the Service in a manner not prescribed in these terms and conditions.
b. Engaging in activities that may lead to criminal behavior or violate public order and morals.
c. Providing false information when registering for a Money Account.
d. Re-registering for the Service after being suspended due to a violation of the terms and conditions.
e. Using the Service for the purpose of cashing out.
f. Replicating, counterfeiting, altering, or tampering with the Kyash Card (including cooperating with third parties in such actions) and using a replicated or tampered card knowingly or with suspicion.
g. Engaging in actions that provide benefits (not limited to economic benefits) to anti-social forces or terrorists.
h. Engaging in religious activities or soliciting religious organizations.
i. Engaging in actions that adversely affect our servers or systems, manipulating or using the Service fraudulently through bots, cheats, or other technical means, intentionally exploiting our system malfunctions, obstructing or impeding our business operations or other Users' use of the Service.
j. Engaging in actions that violate public order and morals.
k. Violating personal information or business information including our information or other Users' or affiliated stores'.
l. Infringing upon our or third parties' intellectual property rights (including copyrights, trademarks, patents, etc.), reputation, privacy rights, or other rights protected by laws or contracts.
m. Engaging in actions that violate laws, court judgments, administrative measures, or any other legal measures.
n. Using the Service for purposes that contradict the purpose of the Service.
2. We may conduct verification procedures, including identity verification process as specified, to determine whether a User's actions fall under the provisions of the preceding paragraph. During such procedures, the User's Money Account may be temporarily suspended.
3. If we determine that a User's actions fall under the provisions of the preceding paragraph, we may immediately close the User's Money Account.
Article 24 (Closure of Money Account)
1. If a User's actions fall under any of the following circumstances, we may immediately close the User's Money Account:
(1) Violation of these terms and conditions or the likelihood of violation as determined by us.
(2) Registered information duplicates existing registrations.
(3) The User's registered mobile phone number and email address have been inactive for more than one month or the User cannot be contacted for more than one month.
(4) The User is subject to provisional provisional or enforced seizure, or a bankruptcy or corporate reorganization filing has been made against the User.
(5) Inheritance proceedings have commenced for the User or the User's death has been confirmed.
(6) The User's use of the Service is illegal or has the potential to be illegal as determined by us.
(7) A court, police, or other administrative agency issues an order to suspend the User's Money Account.
(8) There has been no usage record for the Money Account for more than six months.
(9) The Money Account has been or is likely to be used for unauthorized purposes.
(10) A User who has been suspended from using the service due to a violation attempts to register for the service again.
(11) The User fails to pass our eligibility check to use the service.
(12) Any other actions that we reasonably deem inappropriate.
2. Users may close their Money Account and terminate the use of the Service at any time by the procedures as specified by us. In such cases, Users agree to either use their remaining balance or be forfeited by us.
3. If a User's Money Account is closed under this article, all Kyash Value, Kyash Money and Benefits held by the User will be forfeited. Additionally, payment records, message history, and other information recorded in the App will no longer be accessible.
4. Notwithstanding the provisions of the preceding paragraph, if a User has outstanding debts in the Service, we cannot close the Money Account. Users are required to complete the cancellation process after fulfilling their obligations to pay to us or third parties.
5. We shall not be held liable for any damages, losses, or other expenses incurred by Users as a result of the closure of their Money Account, even if such damages occur.
Article 25 (Temporary Suspension of the Service)
1. We may temporarily suspend all or part of the Service without prior notice to Users if any of the following apply:
(1) Server, communication network, or other equipment failure or malfunction.
(2) Maintenance, inspection (excluding regular inspections), or repair of systems (including servers, communication networks, power supply, and facilities housing them).
(3) War, riots, strikes, disasters, epidemics, or other force majeure events (referred to as "Force Majeure").
(4) Any other situations deemed necessary by us.
2. We shall not be held liable for any damages incurred by Users as a result of the temporary suspension of the Service, even if such damages occur.
Article 26 (Termination of the Service)
1. We may terminate all or part of the Service at any time due to Force Majeure, changes in social conditions, regulatory changes, technological innovations, or business decisions.
2. We will make an official announcement about the termination of the Service in accordance with applicable laws, and during the period specified by us (not less than 60 days), Users may request a refund of their remaining Kyash Value and Kyash Money through the method specified by us.
3. In accordance with the Fund Settlement Act, we hold more than half of the Users’ aggregate Kyash Value and full amount of the Kyash Money as guarantee deposit. If we become bankrupt or face a similar situation, the User may receive repayment from the preserved guarantee deposit prior to other creditors. Please refer to the Disclosures under the Fund Settlement Act for prepaid payment methods
4. In addition to the refund handling described in the preceding paragraph, we shall not be held liable for any damages incurred by Users as a result of the termination of the Service.
Article 27 (Intellectual Property Rights)
Intellectual property rights related to the Service or all rights related to the materials constituting the Service (referred to as "Service Materials") belong to us or the third parties who possess those rights.
Article 28（Protection of Personal Information）
2. In compliance with the Personal Information Protection Act and other related laws and regulations, we have established security measures and appropriate security safeguards.
3. In accordance with the law or for the purpose of investigating unauthorized use or criminal activities, we may disclose Users' registration information, transaction history, and other necessary information to police agencies, credit card companies, financial institutions, and affiliated companies that partner with us to provide the Service. Users agree to this in advance.
Article 29 (Disclaimer and Indemnification)
1. We do not provide any explicit or implied warranties regarding the safety, accuracy, completeness, effectiveness, suitability for a particular purpose, reliability, non-infringement of third-party rights, quality, or uninterrupted service.
2. While we may make changes to the Service with prior notice, we may make changes without prior notice in emergency situations. In such cases, we shall not be held liable for any disadvantages incurred by Users.
3. We shall not be held liable for any damages incurred by Users due to defects, malfunctions, glitches, improper use, or unavailability of the Service in whole or in part (including the inability to utilize economic benefits provided through campaigns, etc.) caused by flaws or malfunctions in the App or the communication network, or due to the convenience or judgment of financial institutions, credit card companies, affiliated companies, or partner financial institutions.
4. We shall not be held liable for any damages incurred by Users when they navigate to third-party websites or other destinations via URLs while using the Service.
5. We shall not act as a party, representative, agent, or intermediary for any transactions or other legal relationships between Users and Participating Merchants. We shall not be held liable for the formation, validity, or performance of such transactions. Even if problems such as non-performance or incomplete performance of counter-obligations, illegal acts, or other issues arise between Users and Participating Merchants, except as required by laws, we shall not be obligated to refund Kyash Value or Kyash Money, and Users are responsible for resolving such matters directly with the parties involved.
6. If a User violates these terms and conditions and causes damages to us or third parties, the User shall be liable for damages regardless of intent or negligence. If damages are incurred by third parties due to the User's actions, and we provide compensation to such third parties, we may claim reimbursement from the User for the compensation amount.
7. When we are liable for damages to Users, our liability for damages to Users shall be limited to the actual and direct damages that occur in the ordinary course of events, except damages caused by our intentional or gross negligence. In such cases, the maximum limit of our liability shall be the total amount of Kyash Value and/or Kyash Money purchased and received by the User in the month in which the damages occurred.
Article 30 (Application of Consumer Contract Act)
If any specific provisions of these terms and conditions are deemed to be in violation of the Consumer Contract Act or any other applicable laws and regulations, such provisions shall not apply. However, the remaining provisions of these terms and conditions shall continue to be in effect.
Article 31 (Compensation for Unauthorized Use)
1. If a User suffers damages as a result of the following events, the User may seek compensation from us through the method specified by us (referred to as "compensation claim"):
(1) The User's Balance is fraudulently used by a third party due to theft, fraud, loss, or theft of the device, without the User's intention.
(2) The User's credit card is registered by a third party and used fraudulently.
2. "Damages caused by unauthorized use" under this article shall be deemed to occur at the time when unauthorized and fraudulent deposits, payments or remittance are made contrary to the User's intention, as defined in each item of paragraph 1.
3. Notwithstanding the preceding two paragraphs, compensation for unauthorized use shall only be applicable if the User reports the unauthorized use to us and the police station within 30 days after becoming aware of it. Damages caused by unauthorized use that occurred more than 90 days before the date of report shall not be eligible for compensation.
4. The following cases shall not be eligible for compensation for unauthorized use:
(1) Damages caused by the loss or theft of a Card on which Kyash Value and Kyash Money has been charged (however, damages incurred after performing card lock and taking appropriate measures to prevent unauthorized use shall be eligible for compensation).
(2) Damages caused by the User's intentional or grossly negligent acts, or violations of laws.
(3) Damages caused by unauthorized use carried out by the User (including unauthorized use carried out under coercion by a third party).
(4) Damages caused by unauthorized use carried out by the User's family members, relatives, cohabitants, caregivers providing care and assistance with the User's consent, or individuals using the Service with the User's permission (including those requested by family members or relatives).
(5) Damages caused by the User's violation of these terms and conditions or other provisions set by us.
(6) False or suspected false reports of unauthorized use made by the User.
(7) Cases where the User is involved in or suspected of being involved in unauthorized use.
(8) Cases where the User has received compensation based on another compensation claim within the past year.
(9) Cases where the User fails to cooperate in the investigation of unauthorized use.
(10) Cases where the User fails to take actions to prevent the further damages caused by unauthorized use.
(11) Damages other than monetary damages actually suffered by the User as a result of unauthorized use.
(12) Damages caused by unauthorized use during times of war, disasters, epidemics, earthquakes, or social unrest.
(13) Other cases we deem it inappropriate on reasonable grounds.
5. The compensation provided by us shall be as follows:
(1) We shall compensate the User for the amount of unauthorized use deducting any other compensation received from the recovery by the third party..
(2) We shall provide compensation by adding an equivalent amount of Kyash Money to the User's Money Account through the designated method. Any fees incurred in the process of compensation shall be borne by us. (Users who receive compensation are required to undergo identity verification in accordance with our specified procedure under the Anti-Money Laundering Act.)
Article 32 (Exclusion of Anti-Social Forces)
1. The User represents and guarantees that they are currently not involved in and will not be involved in the following, both now and in the future:
a. Organized crime groups (as defined in Article 2, Paragraph 2 of the Act on Prevention of Unjust Acts by Organized Crime Group, Act No. 77 of 1991, hereinafter referred to as the "Anti-Organized Crime Act").
b. Members of organized crime groups (as defined in Article 2, Paragraph 6 of the Anti-Organized Crime Act).
c. Individuals who have not passed five years since ceasing to be members of organized crime groups.
d. Quasi-members of organized crime groups.
e. Companies related to organized crime groups.
f. Extortionists, individuals involved in social movement extortion, individuals involved in political activity extortion, or special intelligence crime groups.
g. Terrorists or individuals designated by the Japanese government or foreign governments as subject to economic sanctions.
h. Individuals closely associated with those listed in the preceding items (including providing funds or other benefits, but not limited to these).
i. Other individuals similar to those listed in the preceding items.
2. The User represents and guarantees that they will not engage in any of the following acts, directly or indirectly:
a. Violent demands.
b. Unreasonable demands beyond legal obligations.
c. Acts of intimidation (including informing oneself or related parties as being individuals specified in the preceding paragraph) or the use of violence in relation to transactions.
d. Spreading false rumors, using fraudulent means, or exerting influence to defame our reputation or disrupt our business.
e. Other acts similar to those listed in the preceding items.
3. If we determine that the User may be in violation of any of the matters listed in the preceding two paragraphs, we may immediately close the User's Value Account.
4. We shall not be held liable for any damages incurred by the User as a result of the closure of their Value Account based on the preceding paragraph.
Article 33 (Amendment of the Terms and Conditions)
1. We may revise these terms and conditions by providing prior notice to the Users.
2. If the User continues to use the Services after the amendments to these terms and conditions, it will be deemed that the User has agreed to the revisions. If the User does not agree to the amendments, they must refrain from using the Services.
Article 34 (Notice to Users)
1. We may provide notices to Users through email, written communication, posting on our website or within the App, or any other appropriate method as specified by us.
2. We shall not be responsible for any undelivered or delayed email notifications from us due to filtering functions or other settings implemented by the User or their network provider.
Article 35 (Governing Law)
These terms shall be governed by the laws of Japan, including their establishment, interpretation, and validity. In cases where these terms exist in languages other than Japanese, the Japanese version shall prevail.
Article 36 (Jurisdiction)
In the event of a dispute or other legal matters arising between the User and us in relation to the services, the Tokyo Summary Court or the Tokyo District Court shall be the exclusive jurisdictional court of first instance.
Article 37 (Contact Information)
1. If the User needs to provide notification, contact, or make inquiries to us, they must use the designated inquiry form specified by us. Contacting us by phone or in person is not permitted.
2. We may verify the identity of the User making the contact or inquiry using the method specified by us.
3. For inquiries related to the Services, please use the inquiry form provided below.