WHILL ID Terms and Conditions

Last Modified: January 1, 2024
These "WHILL ID Terms and Conditions ("Terms") set forth the terms and conditions for the use of the services (defined in Article 1) provided by WHILL, Inc. ("Company") through the WHILL ID application or WHILL ID website ("Application").

Chapter 1: General Provisions

Article 1 (Definitions)
The definitions of terms in this Terms are as follows:
  • "WHILL ID" means an identifier managed by the Company to uniquely identify customers. In the registration process specified in Article 2 of this Terms, it refers to the email address registered by the customer for the purpose of using the Services.
  • "Services" mean various services provided by the Company or third parties (including the sale, rental, maintenance, and other after-sales support of company products, as well as various information provision) that customers can receive by registering WHILL ID.

  • "Intellectual Property Rights" mean copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the rights to acquire these rights or apply for registration of these rights). 

  • "Anti-Social Forces, etc." mean organized crime groups, gang members, individuals who have not elapsed five years since ceasing to be gang members, quasi-members of organized crime groups, companies related to organized crime, extortionists, individuals engaged in social movements, special intelligence violence groups, and others like these. 

  • "Force Majeure" mean any events beyond the reasonable control of the Company, including but not limited to fire, earthquake, volcanic eruption, tsunami, flood, typhoon, lightning, wind and water damage, other natural disasters, major outbreaks of infectious diseases, measures to control infections associated with major infectious diseases, power outages, accidents in transportation, congestion or failure of lines, server failures, software glitches, and other problems occurring in the hardware and software used to provide Company services, establishment or amendment of laws, orders or disposals by government agencies or other exercises of government authority, strikes, lockouts, or other labor disputes, lockdowns, riots, disturbances, wars, terrorism, or other events beyond the reasonable control of the Company. 
Article 2 (Application)
  • This Terms apply to customers when they register WHILL ID in the Application, and the Company approves the registration.
  • The Company or third parties may provide separate detailed terms and conditions for the Services ("Individual Contracts") from this Terms. In the event of any inconsistency between this Terms and Individual Contracts, the Individual Contracts shall prevail.

Chapter 2: WHILL ID

Article 3 (Registration of WHILL ID)
  • Individuals wishing to use the Services ("Registration Applicants") shall agree to comply with this Terms and provide certain information specified by the Company through the designated method to register WHILL ID for using the Services ("Registration Information").
  • If the Company determines that a Registration Applicant falls under any of the following items, the Company may refuse registration or re-registration without any obligation to disclose the reasons:
    1. False, incorrect, or omitted information in the Registration Information provided to the Company.
    2. Being a minor, adult ward, adult conservative, or adult guardian without obtaining the consent of the legal representative, guardian, conservator, or assistant.
    3. Being involved or association with Anti-Social Forces, etc., such as organized crime groups, or cooperating or being involved in any interaction with Anti-Social Forces, etc., through funding or other means.
    4. Having violated the Company's terms of use, Individual Contracts, or other agreements between the Company and the customer in the past or being related to such a violator.
    5. Having undergone measures specified in Article 10 of this Terms.
    6. Other cases where registration or re-registration is deemed inappropriate.
Article 4 (Change of Registration Information)
  • Customers shall promptly notify the Company of any changes to the Registration Information through the method specified by the Company.
  • The Company shall not be liable for any damages incurred by the customer due to the customer's failure to notify the Company as specified in the preceding paragraph.
Article 5 (Management of WHILL ID and Password)
  • Customers shall be responsible for managing and storing WHILL ID and passwords at their own risk. Customers shall not allow third parties to use, lend, transfer, change the ownership of, or sell WHILL ID and passwords.
  • In the event of theft or unauthorized use of WHILL ID and/or passwords by third parties, customers shall immediately notify the Company and follow the Company's instructions.
  • Customers shall be responsible for any damage arising from inadequate management of WHILL ID or passwords, errors in use, or use by third parties.
Article 6 (Use by Minors)
    If a customer is a minor, the customer must obtain the consent of their legal representative, etc., for the application and use of WHILL ID. When a minor completes the registration of WHILL ID through the procedures specified in Article 2 of this Terms, it is deemed that the legal representative of the minor has consented to this Terms.
Article 7 (Withdrawal) 
  • Customers can withdraw the registration of WHILL ID by following the procedures specified by the Company. Customers who have canceled their WHILL ID registration cannot use all or part of the Services from the time of withdrawal.
  • If a customer wishes to register WHILL ID again after withdrawal, the customer must go through the registration procedures specified in Article 2 of this Terms again. Even if the registration procedures are performed again, data before the cancellation of registration will not be transferred.

Chapter 3: Use of the Services

Article 8 (Prohibited Activities)
  • The customer shall not engage in the following acts when using the Services:
    1. Acts that violate this Terms
    2. Acts that violate laws or are related to crimes or may pose such a risk
    3. Violent acts, fraudulent or coercive acts, or acts that obstruct business activities against the Company, other users of the service, or any third party related to the Services
    4. Acts contrary to public order and morals
    5. Acts that infringe upon the Intellectual Property Rights, portrait rights, privacy rights, honor, or other rights or interests of the Company, other users of the Services, or any third party related to the Services
    6. Acts that excessively burden the network or system of the Application
    7. Reproduction, modification, alteration, adaptation, or translation of the Application
    8. Reproduction or disclosure to third parties of the programs constituting the Application (including object code, source code, etc.)
    9. Reverse engineering or other analysis of the Application or any other system
    10. Acts that may interfere with the operation of the Services
    11. Unauthorized access to the Company's network or system, etc.
    12. Acts of impersonation of a third party
    13. Use of another user's WHILL ID or password
    14. Advertising, publicity, solicitation, or business activities on the Services that the Company has not authorized in advance
    15. Collection of information about other users of the Services
    16. Acts that cause harm, damage, or discomfort to the Company, other users of the Services, or any third party related to the Services
    17. Acts of providing benefits to Anti-Social Forces, etc.
    18. Acts that directly or indirectly cause or facilitate the acts in the preceding item
    19. Attempts to engage in the acts in the preceding items
    20. Other acts that the Company deems inappropriate
  • If the customer's violation of the preceding paragraph persists, the Company may, at its discretion, not only claim damages (including reasonable attorney fees) incurred by the Company due to such violation but also seek an injunction against such acts.
Article 9 (Suspension of the Service Due to Force Majeure)
The Company may suspend or interrupt the provision of all or part of the Services without prior notice to the customer if any of the following applies, and the Company shall not be liable for any damages caused to the customer as a result:
  1. Urgent inspection or maintenance of the computer system is required
  2. Operation of the Services becomes impossible due to computer, communication line failure, disoperation, concentration of excessive access or unauthorized access, hacking, or other reasons
  3. Operation of the Services becomes impossible due to Force Majeure
  4. The Company deems it necessary to suspend or interrupt the Services for other reasons
Article 10 (Suspension of the Services Due to Customer's Reasons)
  • If the Company determines that the customer falls under any of the following reasons, the Company may, at its discretion, without prior notice or warning, suspend the use of all or part of the Services for the customer and take other measures that the Company deems appropriate: 
    1. Violation of any provision of this Terms
    2. Violation of Individual Contracts or other agreements between the Company and the customer
    3. Discovery of false facts in the Registration Information
    4. Suspension of payment or insolvency, commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of company reorganization proceedings, commencement of special liquidation proceedings, or filing of applications for these procedures
    5. Falling under any of the items of paragraph 2 of Article 3
    6. Other cases where the Company deems the customer's continued use of the Services inappropriate
  • The Company shall not be liable for any damages caused to the customer by the measures taken by the Company based on the preceding paragraph.
Article 11 (Change or Termination of the Content of the Services)
  • The Company may change the content of the Services or terminate the Services being provided at its convenience.
  • When terminating the Services being provided, the Company shall notify the customer in advance by a method deemed appropriate by the Company. However, in emergency situations, notification to the customer may not be made.
  • The Company shall not be liable for any damages caused to the customer by the measures taken by the Company based on this article.

Chapter 4: General Provisions

Article 12 (Ownership of Rights)
  • All Intellectual Property Rights related to the Services belong to the Company, and the permission to use the Services does not imply any license under the Intellectual Property Rights of the Company.
  • All rights related to product images, product descriptions, and all other content on the Services belong to the Company.
  • Without obtaining the Company's permission, customers must not engage in acts such as adaptation, editing, or modification of the Services and information provided by the Company and must not allow third parties to use or disclose them. Any acts that may infringe upon the Company's Intellectual Property Rights (including but not limited to disassembly, decomplication, and reverse engineering) are strictly prohibited.
Article 13 (Disclaimer and Limitation of Liability)
  • The Company does not warrant, either explicitly or implicitly, that the Services conforms to the specific purposes of the customer, possesses the expected commercial value, functionality, accuracy, usefulness, compliance with applicable laws or internal rules of industry associations related to the use of the Services by the customer, continuous availability, or absence of malfunctions.
  • Transactions, contacts, disputes, etc., arising between the customer and other customers or third parties in connection with the Services are the responsibility of the customer to resolve at their own risk, and the Company assumes no liability.
  • Links to other websites may be set up on the Application. The Company does not guarantee the accuracy, reliability, or certainty of information contained on such linked websites. The inclusion of links to other websites does not imply endorsement by the Company of those third-party websites, products, or services. When browsing or using other websites from the Application, please use them at your own risk.
Article 14 (Damages, Liability in Case of Force Majeure)
  • If the Company incurs direct or indirect damages due to the customer's violation of this Terms or any other use of the Services by the customer (including cases where the Company receives claims for damages or other claims from third parties related to such acts), the customer shall compensate the Company for all such damages, including reasonable attorneys’ fees.
  • If damages incurred by the customer in connection with the use of the Services are based on the intentional or gross negligence of the Company, the Company shall only compensate for the actual,direct and ordinary damages actually incurred by the customer. The Company shall not be liable for consequential damages, indirect damages, special damages (including cases where the occurrence of damages could be foreseen), future damages, and lost profits.
  • In the event of Force Majeure causing a delay in the Company's obligations or other non-performance of duties, the Company shall not be responsible for such non-performance. In such a case, the Company will promptly notify the customer and make the best efforts for recovery.
Article 15 (Confidentiality)
    Customers shall treat as confidential any non-public information disclosed by the Company regarding the use of the Services, except with the Company's prior written consent, and shall not disclose or leak such information to third parties.
Article 16 (Handling of Personal Information)
  • The handling of customer's personal information obtained in connection with the use of the Services shall be in accordance with the Company's privacy policy (URL: https://whill.inc/legal/terms/whillid/en) and the customer agrees to the handling of their personal information by the Company in accordance with this privacy policy.
  • The Company may, at its discretion, use and disclose information and data provided by the customer to the Company in a form that cannot identify individuals as statistical information for the improvement of the Services and for other business purposes.
  • The data obtained through using the Services (excluding personal information) may be freely used and disclosed by the Company for the purpose of providing and improving the Services, as well as for other business purposes, at the discretion of the Company.
Article 17 (Changes to this Terms)
  • The Company may change this Terms at any time if deemed necessary.
  • In the event of a change to this Terms, the Company will notify the customer of the effective date and content of the revised Terms by posting it on the Application or the Company's website or by other appropriate means. From the effective date, the revised Terms will apply. However, in the case of changes to the Terms that require the customer's consent under the law, the Company will obtain the customer's consent through the Company's specified method.
Article 18 (Notifications)
  • Inquiries and other contacts or notifications from customers to the Company regarding the use of the Services, as well as notifications of changes to this Terms and other communications or notifications from the Company to customers, shall be as follows.

    WHILL, Inc. Help Desk: info@whill.inc

  • If the Company sends a notification to the customer by contacting or notifying the email address or other contact information included in the Registration Information, such communication or notification is deemed to have reached the customer at the time it would normally arrive.
Article 19 (Assignment of Rights and Obligations)
  • Without the Company's prior written consent, customers may not transfer, assign, pledge, or otherwise dispose of any contractual status or rights or obligations under this Terms arising from the use of the Services to third parties.
  • In the event of business transfers, organizational restructuring, or other management reasons deemed necessary, the Company may transfer, assign, or succeed to all or part of the contractual status, rights, and obligations under this Terms to third parties, or set collateral. Customers hereby agree in advance to such actions by the Company in this regard.
Article 20 (Separability)
Even if any provision or part of this Terms is deemed invalid or unenforceable under the Consumer Contract Act or any other laws, the remaining provisions or remaining parts of this Terms will continue to be in full force.
Article 21 (Governing Law and Jurisdiction)
  • The governing law for this Terms and all other contracts between the Company and customers is Japanese law.
  • For all disputes arising from or related to this agreement, the Tokyo District Court shall be the exclusive agreement jurisdiction court for the first instance.