BGM Pro Terms of Use

Easy, Inc. (hereinafter "the Company") sets forth the following terms of use for "BGM Pro" (hereinafter "the Service"), an in-store BGM service that the Company manages and operates.

These Terms apply to all customers (hereinafter "Customers") using the Service. Customers may use the Service only within Japan and shall not use the Service outside Japan.

When a Customer uses the Service, the Customer is deemed to have agreed to these Terms. The agreement between the Company and the Customer based on these Terms may be referred to as the "Contract".

Article 1 (Content of the Service)

The Service is a service that allows Customers to listen to and play music and other audio sources / content (hereinafter "the Content") provided by the Company, through web apps, mobile apps, PC apps, or other mechanisms provided by the Company (hereinafter "the Program").
The Service is intended for playback as background music (BGM) inside stores and facilities.
The Company may, at its discretion, change the content, features, specifications, delivery method, supported devices, and similar of the Service.

Article 2 (Account Registration)

To receive the Service, the Customer shall register an account in accordance with procedures specified by the Company. If the Company deems it inappropriate, the Company may, at its discretion, decline registration.
Information that the Customer provides at the time of registration includes:
- Email address
- Phone number
- Address (including billing address)
- Store / facility information (name, address, industry, etc.)
- Other information that the Customer enters in forms specified by the Company
The Company handles Customer information based on its separately defined Privacy Policy. The Customer consents to the Company using Customer information for the following purposes:
- To provide and operate the Service
- To verify identity, respond to inquiries, and send important notices
- To notify users of changes to these Terms, Policies, and similar
- To prevent fraud, ensure security, and improve quality
- To inform users of the Company's or affiliated services, advertising, promotion, and sales solicitation (only when consent required by law has been obtained)
- Purposes incidental to the above
Minors cannot register an account without the express consent of a legal representative such as a person with parental authority. If a minor uses deception such as pretending to be of age or capable of acting, rescission cannot be made.
The Customer shall keep registration information up to date, complete, and accurate at all times. The Company shall not be liable for any disadvantage to the Customer caused by deficiencies in the registration content.
If the Customer falls under any of the following, the Company may refuse registration, suspend, or cancel the account:
- When it can be reasonably determined that the purpose is use outside Japan
- When there has been a past violation of terms in the Company's or related service
- When there is falsehood, error, or omission in the registration content
- When it can be reasonably determined that there is a risk of violating these Terms
- When there is suspicion of fraud, such as unnaturally repeated cancellation and re-registration
- In other cases the Company deems inappropriate

Article 3 (License Grant / Registered Facility)

The Company grants the Customer a non-exclusive, non-transferable, non-sublicensable right to listen to and play the Content as BGM inside one store / facility registered at the time of account registration (hereinafter "the Registered Facility") for the duration of the Contract.
The number of Registered Facilities that can be registered per Contract is limited to one.
The Customer shall not use the Service outside the Registered Facility (including separate stores, separate locations, event venues, mobile sales vehicles, exhibition spaces, etc.). To use the Service at multiple stores, a separate contract is required for each store.
The Customer shall manage the user ID, password, and similar (authentication information) issued by the Company at the Customer's own responsibility, and shall not lend or transfer them to third parties. Use with the authentication information is deemed use by the Customer.

Article 4 (Trial)

When the Company offers a trial (free use), the Customer may use the Service free of charge in accordance with the period and conditions specified by the Company.
After the trial period ends, if the Customer does not complete the procedure for a paid contract through the method specified by the Company, the account will be suspended.

Article 5 (Equipment / Communication Environment)

The Customer shall prepare, at its own cost and responsibility, devices, audio equipment (amplifiers, speakers, cables, etc.), software, networks, power, and similar necessary to use the Service, including their setup.
The Company may specify a recommended environment, and assumes no obligation to guarantee operation in environments outside the recommended one. The Customer acknowledges in advance that the Service may not be usable even in the recommended environment due to compatibility and similar.
The Company has no obligation to modify or change its equipment or systems to ensure compatibility.

Article 6 (Acknowledged Matters)

The Customer acknowledges the following:
- The Program is not necessarily free of defects.
- Detailed specifications and similar of the Service may be changed at the Company's discretion.
- Listening and playback may be interrupted or stopped depending on the communication environment and similar.
- The Program may be upgraded, and if the Customer does not update within a period specified by the Company, the Service may become unusable.
- The Customer shall regularly check notices from the Company regarding the Service.

Article 7 (Prohibited Acts)

When using the Service, the Customer shall not perform any of the following acts (or acts that may lead to them):

Copying, extracting, recording, transcribing, modifying, selling, distributing, or redistributing the Content or data in the Service
Using the Content for video, streaming (including live streaming), broadcasting, public transmission, social media posts, in-store screening videos, and similar (except when separately permitted by the Company in writing or through a method specified by the Company)
Copying, modifying, disassembling, reverse engineering, decompiling, and similar of the Program
Imposing excessive load on the Service or otherwise adversely affecting it
Compromising the security of the Service
Inducing malfunction of the Service
Using an account on multiple devices simultaneously (except when separately permitted by the Company)
Transferring or lending the account
Using the Service or account commercially outside the Registered Facility
Infringing the intellectual property rights or other rights of third parties in connection with the Service
Performing illegal acts in connection with the Service
Providing or publishing false information in connection with the Service
Collecting information of other users
Using the Service commercially beyond the scope expressly permitted by these Terms
Using the Service in a manner different from normal use for a fraudulent purpose
Other acts that the Company deems inappropriate

Article 8 (Copyright, etc.)

All copyrights, trademarks, industrial property rights, and other rights (including the right to acquire such rights) regarding the Program and the Service (including the Content) belong to the Company or duly entitled third parties.
Except as expressly permitted in these Terms, the Customer shall not copy, transcribe, extract, process, modify, transmit, or otherwise use any part of the rights in the preceding paragraph, including the Program and the Content.
The Customer shall not, whether for a fee or free of charge, and regardless of whether by transfer, lending, license, transmission, or any other method, allow third parties to use any part of the Program or the Content.

Article 9 (Usage Fees)

Usage fees and payment methods for the Service shall be as separately specified by the Company in a fee schedule or sign-up screen.
The Customer shall choose one of the monthly, annual, or similar fee plans specified by the Company.
The Company may change the fee schedule by the same procedure as set forth in Article 16 (Amendment of these Terms).
Even if sign-up or cancellation occurs in the middle of the Contract period, the fees specified by the Company shall not be reduced, prorated, or apportioned (except when separately permitted by the Company).
Except as otherwise provided in these Terms, if cancellation is made during the Contract period, the Company shall not refund fees already received, and the Customer acknowledges this in advance.
If there is a default in payment of usage fees, the Company may suspend the account and take other necessary measures, including interrupting the provision of the Service to the Customer. Even in such cases, no reduction in fees or extension of the period will be made.

Article 10 (Contract Period / Auto-Renewal)

The Contract period shall be as specified in the fee schedule or sign-up screen.
If the cancellation procedure specified by the Company is not completed by the period expiration date, the Contract is automatically renewed with the same fee plan and the same Contract period (except when separately specified by the Company).
The usage fee after auto-renewal shall be in accordance with the fee schedule and similar applicable at the time of renewal.

Article 11 (Service Interruption, etc.)

The Company may, when periodically conducting maintenance or inspection of the system used to provide the Service, including servers (hereinafter "the System"), temporarily suspend all or part of the Service after notifying the Customer in advance.
The Company may, without notifying the Customer in advance, temporarily suspend all or part of the Service or take other necessary measures in any of the following cases:
- When urgent maintenance or inspection of the System is required
- When the Service cannot be provided due to accidents such as fire or power outage, natural disasters such as earthquake or flood, war, riot, labor dispute, and similar
- When the Service cannot be provided due to failure of the System and similar
- When the Company determines that a temporary interruption of the Service is unavoidable for operational or technical reasons
- When the Customer is in default
Even if the Service is suspended in accordance with the preceding two paragraphs, no reduction in fees or extension of the period will be made.
Even during the Contract period, the Company may, at its discretion and without any obligation to compensate, terminate the Service prospectively.

Article 12 (Disclaimer)

Use of the Service is at the Customer's own responsibility.
The Company makes no warranty regarding use of the Service in environments outside the recommended environment.
Except as otherwise provided in these Terms, the Company makes no warranty regarding defects that may arise from the equipment or communication environment used by the Customer, misuse of the Service, other unforeseen methods of use, modification of the Program, or the accuracy, validity, continuity, stability, or similar of the Service.
Except in the case of intent or gross negligence by the Company, the Company's liability for damages shall be limited to compensation for direct and ordinary damages actually incurred, and shall not exceed the amount paid by the Customer to the Company for the Service during the applicable fee plan period.

Article 13 (Cancellation / Termination of the Contract)

If the Customer falls under any of the following, the Company may cancel (terminate) all or part of the Contract:
- When the Customer violates the Contract and does not cure the violation within 7 days after the Company demands a cure
- When information entered by the Customer at the time of account registration is contrary to fact
- When a bill or check is dishonored, or in another state of suspension of payment
- When there is a petition for commencement of bankruptcy proceedings, special liquidation, civil rehabilitation, or corporate reorganization, or when there is serious concern about credit standing
- When the Customer receives a disposition such as revocation or suspension of business license from a regulatory agency
- When the Customer is subject to seizure, provisional seizure, provisional disposition, compulsory execution, or auction petition, or to disposition for failure to pay taxes from a third party
- When the Customer has resolved to dissolve, reduce capital, or transfer all or an important part of its business
- When there is a risk of any of the preceding items occurring
- Other cases in which the Company deems it inappropriate to continue providing the Service
Even if the Contract is canceled in accordance with the preceding paragraph or if account registration is canceled and the Customer can no longer receive the Service, payment obligations of the Customer that have already arisen shall remain in effect.
Except as otherwise provided in these Terms, the Customer may not request a refund of usage fees already paid, regardless of the reason.
If the Customer wishes to cancel, the Customer shall cancel prospectively in accordance with procedures specified by the Company. In this case, the preceding paragraph applies.
If the Customer violates the Contract, the Customer shall compensate the Company for all damages with reasonable causal relation that arise to the Company (including expenses required for collection).

Article 14 (Effect of Contract Termination)

When the Contract ends due to expiration or cancellation, the Customer's account will be suspended, and the Customer shall delete or destroy the Program (including all accompanying data, cache, and similar) and stop using the Service.
Even after the Contract ends, the provisions of Articles 8, 9 (as long as there is unpaid amount), 11, 12, 13, and 16 through 19 shall remain in effect.

Article 15 (Notices)

Notices from the Company to the Customer under these Terms shall be made by posting on the Service-related site, by sending email, or by notice within the Program.
Notices on the site or within the Program are deemed to have reached the Customer when the notice content becomes available for viewing.
Notices by email shall be sent to the email address declared at the time of contract, and are deemed to have reached the Customer at the time the email is sent.

Article 16 (Amendment of these Terms)

When the Company deems it necessary to revise or supplement these Terms, the Company may change these Terms within a scope that does not contravene the purpose of the Contract and is reasonable in light of the necessity of the change, the appropriateness of the post-change content, and other circumstances related to the change, in principle by notifying the Customer through the method set forth in the preceding article at least one month before the effective date.
If the Customer does not consent to the changes to these Terms, the Customer shall take the cancellation procedure for the Contract.
If the Customer uses the Service after the effective date, the Customer is deemed to have consented to the changes or additions to these Terms.
Even if the Customer suffers damage due to the change of these Terms or because the Customer overlooks such notice, the Company shall not be liable (except in cases of intent or gross negligence by the Company).

Article 17 (Prohibition of Assignment)

The Customer shall not transfer or succeed to a third party all or part of its rights or obligations under the Contract, nor offer them as collateral by sale, name change, pledge, or similar.

Article 18 (Governing Law)

Japanese law shall apply to the Contract and to the validity, performance, and interpretation of the Contract.

Article 19 (Resolution of Disputes)

When litigation becomes necessary in connection with the Service, the Tokyo District Court shall be the exclusive court of agreement of the first instance.

Article 20 (Exclusion of Anti-Social Forces)

The Customer represents and warrants to the Company, now and during the term of the Contract (including the period during which clauses that survive termination remain in effect), the following:
- That the Customer is not a crime syndicate (boryokudan), crime syndicate-related enterprise, sokaiya, or a person equivalent to them, or a member thereof (hereinafter collectively "Anti-Social Forces")
- That the Customer's officers (employees, directors, executive officers, or those equivalent thereto, who execute business) are not Anti-Social Forces
- That the Customer does not allow Anti-Social Forces to use the Customer's name and does not enter into the Contract through such use
- That the Customer does not, by itself or using a third party, perform the following acts in connection with the Contract: (1) acts using threatening words or actions or violence against the Company; (2) acts that interfere with the Company's business or damage its credit using deception or force; (3) unreasonable demands that exceed legal responsibility
If the Customer violates any of the items in the preceding paragraph, the Company may terminate the Contract without any prior notice. In this case, the Company shall not bear any obligation to compensate the Customer for any damages arising in connection with the termination or the Contract.

Operator Information

Operator: Easy, Inc.