TERMS AND CONDITIONS

NAME OF THE COMPANY,. ADRESS (hereinafter referred to as the BEMOL) provide for terms and conditions when customers use all services to be provided by BEMOL.

These terms of use apply to all users of the platform. BEMOL We, our or us refers to BEMOL Technology. BEMOL refers to this platform and the services we offer.

When we say “Services” in these terms, we mean BEMOL’s services, apps, websites, and other products.

ARTICLE 1: ID REGISTRATION

• In using the Services, customers are requested to register BEMOL ID (hereinafter referred to as “ID Registration”) through the Company’s prescribed procedures after having agreed to the Terms of Service and the Privacy Policy of the Company.

  ID Registration will complete at the time when the Company has approved an application for ID Registration by a customer. Please manage ID granted and password set on your own responsibility.

• Use registration for the Services is free of charge. However, expenses to be required for downloading the App, as well as communication expenses, etc. for using the App and the Individual Service and browsing shall be separately borne by Users, etc.
• When a minor, an adult ward, a person under curatorship or a person under assistance makes ID Registration, he/she must take registration procedures in accordance with Paragraph 1 of this article after obtaining the consent of the statutory agent, the guardian, the curator, or the assistant without fail. In the absence of such consent, the relevant customers cannot make ID Registration.
• Upon completion of ID Registration, the Company will analyze the usage status of a User in the Individual Service and grant Points and authenticate the User. Please note that you shall make ID registration after agreeing to the foregoing in advance.
• If a customer falls under or if the Company determines he/she falls under any of the following, the Company may, in some cases, refuse the use registration of such customer or revoke the use registration already approved:
• When eligibility for the use of service of the Company or its business partners, including the Services, was disqualified in the past; (b) When there is a false statement, misdescription or omission in all or part of Registered Information; (c) When a minor, an adult ward, a person under curatorship or a person under assistance makes use registration without obtaining the consent of the statutory agent, the guardian, the curator, or the assistant; (d) When a customer falls under or is involved with anti-social forces (meaning an organized crime group, a member of an organized crime group, a company involved with an organized crime group, a corporate racketeer, a political activities racketeer or a crime group specialized in intellectual crimes, or any other persons equivalent thereto and persons who have close relationship with them, and persons who have a background of taking part in anti-social activities); or (e) Besides the foregoing items, when the Company determines he/she is not suitable for using the Services as a User, etc.
• Use registration shall be 1 account for 1 customer. If a customer alone acquires more than 1 account, or if a customer creates 1 account for the purpose of sharing it with more than 1 customer, the Company may invalidate all or part of ID Registration in some cases.
• In the event of death or forfeiture of a legal personality, the customer shall lose the status as a User, etc. at that point.

ARTICLE 2: USER GENERATED CONTENT

Users of the Platform may upload, transmit, post, or make available by other means content through the Platform, including without limitation, text, links, GIFs, graphics, photos, documents, images, illustrations, videos or other media (“User Content”). And if, in the future, we create new ways to add content to the services, they will be included as well. You are solely responsible for all User Content that you post on the BEMOL Application.

• You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Platform, including, including but not limited to, through the sale of advertising, sponsorships, promotions, usage data and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (a) have no right to receive any income or other consideration from any User Content whether uploaded by you or any other user on the Platform and (b) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Platform or on any third party service.
• You acknowledge that you are legally responsible for the User Content that you submit to the Platform. Under no circumstance will we be liable in any way for any User Content. We accept no liability with respect to any content submitted by any users and published or hosted by us or by third parties. To the fullest extent permitted by law, any dispute you have with any third party that arises from your use of Platform is only between you and that third party. You irrevocably release us and our employees, agents, officers, and successors from any and all claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with the dispute.
• We are not responsible for your content or the use of your content by others.Your content is yours, but by using BEMOL, you grant us a license. You may be protected by certain intellectual property rights. These do not belong to us, but by using our services, you grant us a license - which is a form of permission - to do the following things with your content, subject to applicable legal requirements, in order to operate, develop and improve our services: (a) Use, copy, store, distribute and communicate your content in a manner consistent with your use of the services (for example, so that we can store and display your content); (b) Publish, reproduce in public or publicly display content that you have chosen to make visible to others (which means, for example, that we may display your messages if you post them on certain servers or recommend the content to others); (c) Control, modify, translate and reformat your content (for example, so that we can resize an image you post to fit on a mobile device); (d) To sublicense your content to enable our services to function as they should (for example, so that we can store your content on our cloud service providers).
• This license is worldwide, non-exclusive (meaning you may still license your content to others), royalty-free (meaning there is no charge for this license), transferable and perpetual.
• We reserve the right to block, remove or permanently delete your content if it violates these Terms of Service, the Community Guidelines, our other policies or any applicable law or regulation, poses a danger to BEMOL, or adversely affects the experience or interests of other BEMOL users.

ARTICLE 3: REMOVING YOUR CONTENT

You may remove your User Content from the Platform at any time by deleting your User Content or account. However, your User Content will still be visible where others have shared it. You must remove your User Content if at that point in time you no longer have the rights required by these Terms.

If we have reason to believe that any User Content is in breach of the Terms herein or may cause harm to our Platform, our users, or third parties, we may remove or take down that User Content at our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so would (a) risk legal liability for us or would breach the law or the direction of law enforcement; (b) would harm any user, third party, or us; or (c) would compromise an investigation or the integrity or operation of the Platform.

ARTICLE 4: THIRD PARTY CONTENT

In addition, our services may grant you access to third-party content. You may not use this content without the permission of its owners, except as permitted by law.

• The content of others belongs to them and does not necessarily represent the views of BEMOL. BEMOL does not endorse the content created by its users and does not verify its accuracy or reliability. We work tirelessly to make BEMOL a safe, positive and inclusive place, but we cannot prevent you from encountering content that you may find objectionable or offensive.
• You agree not to hold us responsible for any harm that such content may cause you. You may report content that, in your opinion, violates any of our policies, and we may review such reports and block or remove content that we find to be objectionable or offensive, but we are not obligated to do so.

ARTICLE 5: EXTERNAL SITES

The Platform may contain links or connections to third party websites or services that are neither owned nor controlled by us. If you access third party websites or use third party services, you accept that there are risks in doing so and that we are not responsible for such risks. We encourage that you read the terms and conditions and privacy policy of each third-party website or service you use. By accepting these terms, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

ARTICLE 6: YOUR THIRD-PARTY APPLICATIONS

You may grant BEMOL access to your third-party accounts, such as Google, YouTube, Spotify, Facebook, Instagram, Twitter, TikTok or others, to enable certain BEMOL features. Each time you connect your third-party account, that third-party account will present a page describing the information that can be accessed by BEMOL. At any time, you may revoke BEMOL's access to those accounts.

ARTICLE 7: RESTRICTIONS ON USE

You shall use the Application strictly in accordance with the terms of the Related Agreements and shall not: (a) Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the BEMOL Application; (b) make an modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the BEMOL Application; (d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the BEMOL Application; (e) use the BEMOL Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) install, use or permit the BEMOL Application to exist on more than one Mobile Device at a time or on any other mobile device or computer; (g) distribute the BEMOL Application to multiple Mobile Devices; (h) make the BEMOL Application available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time; (i) use the BEMOL Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute or any services, product or software offered by BEMOL; (j) use the BEMOL Application to send automated queries to any website or to send any unsolicited commercial e-mail; or (k) use proprietary information or interfaces of BEMOL or other intellectual property of BEMOL in the design, development, facture, licensing or distribution of any applications, accessories or devices for use with the BEMOL Application.

ARTICLE 8: INTELLECTUAL PROPERTY RIGHTS

BEMOL trademarks, service marks, and logos (“Trademarks”) used and displayed on the Platform are our registered and/or unregistered trademarks or service marks. Except as otherwise permitted by law, you may not use the Trademarks to disparage BEMOL in any manner that may damage any goodwill in the Trademarks.

You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our creations unless we give you written permission. Please ask if you have any questions.

ARTICLE 9: PROHIBITED MATTERS

• Users, etc. shall be prohibited from conducting the following acts within the Services. If the Company determines that a User, etc. commits an act falling under any of the following, the Company will apply suspension of use of the Services, live streaming or display restriction of the contents of the Services, etc. without any advance notification. The contents of disposition will be determined based on the Company’s judgment. In addition, in the event damages are incurred by the Company or its business partners due to violation by Users, etc., they may claim damages in some cases: (a) (1) Violation of the Terms of Service or unjustifiable use; (b) Acts that violate or are likely to violate laws and regulations (such as laws/treaties/cabinet ordinances/municipal ordinances, whatever, regardless of the name, including publicly binding norms) or public policy. Or acts that induce or encourage illegal acts; (c) Acts of infringing the rights (including, without limitation, any and all intellectual property rights including copyrights, right of publicity and privacy rights) of others including other Users, etc.; (d) Acts of collecting/accumulating third parties’ Personal Information and acts of disclosing to the public third parties’ Personal Information); (e) Slander and menace against others or any other acts making others uneasy and unpleasure; (f) Acts of giving others an unpleasant feeling such as obscene expression, discriminatory expression, violent expression, grotesque expression or any other inappropriate expressions, etc.; (g) Acts that foment or that are likely to lead to discriminatory sentiment or hatred regarding race, ethnic group, sex, religion or other attribution; (h) Business activities for themselves (including, without limitation, solicitation), pre-election campaign and other political activities, missionary work and other religious activities; (i) Acts that Owners and Users communicate to each other or conduct a transaction, etc. that go beyond the intent and purpose of the Services; (j) Acts of sending e-mail of advertising/solicitation, etc. or e-mail that develops a feeling of disgust (including e-mail which is liable to do so) to others without permission, acts of hindering receipt of e-mail by others, acts of requesting chain e-mail forwarding or acts of forwarding in response to such request; (k) When the User conducts an act interfering with smooth operation of the Services, regardless of the method and any acts the Company determines they are possible to be the same; (l) When the Company determines there is the BEMOL that the User is involved with anti-social forces; (m) When the User has no utilization result for 2 years or more and the Company determines he/she is unlikely to use the Services in the future as well; (n) Spoofing through impersonating the Company, its group company, an outsourcer, another Owner, another User, a business partner, a contractor or by any other means; (o) Acts placing unreasonable burden on network or servers beyond the acts of normally using the Services or acts encouraging it, or otherwise acts of hindering or interfering with operation and provision of the Services or the others’ use; (p) Transmitting information containing harmful computer program, including computer virus, or acts of making others be in receivable state thereof; (q) Acts of illicitly using or altering data in relation to the Services, etc.; (r) Submitting fraudulent or misleading declaration or notification to the Company or its business partners/contractors; (s) Acts of making User or Owner registration on behalf of the person whose use of BEMOL ID is suspended or use registration is invalidated; (t) Acts of using the Services, etc. through the use of another person’s account and acts of letting another person use the account by sharing own ID password, regardless of with or without the principal’s consent; (u) Acts of acquiring Registered Information, etc. of other Users, etc. by fraudulent means (including so-called phishing and any means equivalent thereto); (v) Acts of money laundering and any other acts that the Company determines; (w) Acts of hindering operation of the Services, acts of hindering exchange or sharing of information which is led by others, acts of giving disadvantage to the Company or others such as discrediting or infringement of property right; (x) Acts of abusing services/merchandise, etc. provided by the Company; (y) Acts of significantly interfering with operation of the Services or business of the Company through long time telephone calling, excessively repeating the same inquiries or compelling the matter without obligation or without reason; (z) Acts of altering or deleting, etc. the contents or information of the Services or contents or information of other Users, etc.; (aa) Exploiting the contents or information provided in the Services, etc. for the purpose other than the purpose of personal use beyond the scope accepted by this Terms of Service, etc. whereby they will be available/browsable to the public, inside or outside network; (ab) Acts of illicitly acquiring data in relation to the Services, etc. or disclosing or assigning (regardless of with/without charge) the data to others; (ac) Acts of inquiries to the Company without reasonable necessity; and (ad) Any other acts the Company determines inappropriate in the light of the purport of the Services.
• The judgment as to whether or not it falls under any of the prohibited acts in the preceding paragraph shall be made at the discretion of the Company, and the Company shall not be held accountable for such judgment.

ARTICLE 10: DISCONTINUATION/SUSPENSION, ETC. OF PROVISION OF THE SERVICES

In accordance with applicable law, we may terminate or suspend your account at any time at our discretion.

• We reserve the right to suspend or terminate your account or your access to some or all of the Services, with or without notice, at our sole discretion, for the following reasons: (a) When conducting periodic maintenance and inspection of communication facilities, etc. for providing the Services or when urgently conducting an inspection; (b) When the Services cannot be provided due to a fire or a blackout, etc; (c) When the Services cannot be provided due to natural disasters such as earthquakes, explosions, floods or tsunamis; (d) When the Services cannot be provided due to wars, revolts, riots, civil commotions or labor disputes, etc.; (e) When you breach these terms, our policies, or additional terms that apply to specific products; (f) When we are required to do so to comply with a legal requirement or court order (g) When we reasonably believe that termination is necessary to prevent harm to you, us, other users or third parties; or (e) Otherwise when the Company determines a temporary discontinuation of provision of the Services is needed for operational or technical reason.

ARTICLE 11: OBJECTIONABLE CONTENT

You expressly agree and understand that there is no tolerance for objectionable content or abusive users on the Platform.

Although Platform reserves the right to review or remove any User Content, we do not review all User Content, and we take no responsibility for the User Content that appears on the Service. User Content is the sole responsibility of the person or entity that Posts the User Content. As reflected in these Terms, we have no tolerance for Objectionable Content, and we do not want our Platform put to any improper use, but we cannot guarantee that all User Content will always conform to these Terms.

Platform provides you with the ability to block abusive users. Platform also provides you with the ability to report Objectionable Content. Once reported, we will remove or take any other action we deem fit, including but not limited to removing the user who provided the offending content, with respect to Objectionable Content on the Platform that is reported within twenty-four hours of such reporting.

ARTICLE 12: PERSONAL INFORMATION

The Company will properly handle Personal Information provided by Users, etc. pursuant to the “Privacy Policy” the Company separately prescribes. Please make sure to confirm it.

ARTICLE 13: CONSENT TO COMMUNICATIONS

You have consented to receiving electronic communications from BEMOL including emails, push notifications, and text messages. Standard text messaging rates apply. The frequency in which you receive electronic communications will vary based on which notifications you subscribe to receive and your use of BEMOL.

ARTICLE 14: AGREEMENT DURATION

The term of this agreement commences upon your acceptance of these Terms and will continue until terminated by either you or us.

ARTICLE 15: LIMITATION OF LIABILITY

Under no circumstances shall BEMOL or its affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with you access or use of or inability to access or use the application and any third-party content or services, whether or not the damages were foreseeable and whether or not BEMOL was advised of the possibility of such damages. Without limiting the generality of the foregoing, BEMOL aggregate liability to your (whether under contract, tort, stature or otherwise) shall not exceed the amount of one dollar ($1.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose

ARTICLE 16: DISCLAIMER OF LIABILITY

• The Company or its business partners will not undertake any responsibility for damages incurred by Users, etc. or others in connection with the Services, including the delay, change, interruption, discontinuation, suspension or abolition, etc. of the Services.
• While the Company recommends use environment of the Services, it will not be liable for any damages incurred by/in electronic devices such as personal computers, smartphones, or tablets used by Users, etc. through the use of the Services and network environment.
• If a User, etc. has or causes a dispute with another User, etc. or others in relation to use of the Services, the said User, etc. shall resolve it on his/her own responsibility and at his/her expense, causing no trouble to the Company or its business partners.
• The Company will provide notes to Users, etc. by e-mail to mail addresses, which is Registered Information of Users, etc., announcement on the Company’s website relating to the Services or by other methods deemed appropriate by the Company, so please check them by themselves without fail. The Company or its business partners will not be liable for damages suffered by the User, etc. resulting from non-arrival of e-mail from the Company due to omission, mistake in Registered Information, unregistered change of Registered Information or invalidity, etc. or otherwise the User, etc. inability to recognize the content of the relevant note for reasons attributable to the User, etc.

ARTICLE 17: WARRANTY DISCLAIMER

You acknowledge and agree that the BEMOL Application is provided on an “as is” and “as available” basis. And that your use of or reliance upon the BEMOL Application and any third-party content and services accessed thereby is at your sole risk and discretion. BEMOL and its affiliates, partners, suppliers and licensors hereby disclaim any and all representations, warranties and guarantees regarding the BEMOL Application and third-party content and services, whether express, implied or statutory, and including, without limitation, the implied warranties of the merchantability, fitness for a particular purpose, and non-infringement. Furthermore, BEMOL and its affiliates, partners, suppliers and licensors make no warranty that (a) the BEMOL Application or third party content and services will meet your requirements; (b) the BEMOL Application or third party content and services will uninterrupted, accurate, reliable, timely, secure or error-free; (c) the quality of any products, services, information or other material accessed or obtained by you through the BEMOL Application will be as represented or meet your expectations; (d) any errors in the application or third party content and services will be corrected; or (e) that any content you submit will be accessible on the service.

ARTICLE 18: TERMINATION OF THE SERVICES

BEMOL may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of this License, then this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by BEMOL. Upon the termination of his License, you shall cease all use of the BEMOL Application and uninstall the BEMOL Application.

ARTICLE 19: MODIFICATION OF TERMS

• The Company may, if determined necessary for smooth and appropriate operation of services, modify the terms and conditions contained in the Terms of Service in some cases without note. Users, etc. who have used the Services after the Company modified the Terms of Service and notified or announced to that effect by e-mail to Users, etc., posting on the Individual Service or otherwise by the method deemed appropriate by the Company shall be deemed to have agreed to the modification.
• The Company cannot be liable for any detriments or damages incurred by Users associated with the modification of this Terms of Service.
• If you continue to use the Platform in any way, you will be bound by the updated Terms.

ARTICLE 20: INDEMNITY

You agree to defend, indemnify, and hold harmless BEMOL52 Technology, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.

ARTICLE 21: WAIVER, SEVERABILITY AND ASSIGNMENT

The BEMOL that, in the event of a breach of these terms by you, we do not take action immediately does not mean that we waive any of our rights under the law (such as our right to do so in the future). If any part of these terms and conditions is found to be invalid or unenforceable due to a decision of a court or competent authority, the remainder of these terms and conditions shall not be affected. You may not assign these terms to anyone else without our prior written consent. We may assign our rights to any of our affiliates or subsidiaries, as well as our rights under these terms and conditions.

ARTICLE 22: GOVERNING LAW

Use of the Services as well as the interpretation and application of the Terms of Service shall be governed by the laws of the United States of America.

ARTICLE 23: JURISDICTION

The parties hereto consent to the exclusive jurisdiction of the Florida Court in the first instance for the settlement of disputes arising between Users, etc. and the Company in relation to the Services.

ARTICLE 24: ENTIRE AGREEMENT

These Terms constitute the whole legal agreement between YOU and US and govern your use of the Platform and completely replace any prior agreements between you and us in relation to the Terms of Service.

These terms are an agreement with BEMOL Technology, domiciled at ____________________ Effective immediately for BEMOL users as of February 23, 2024.