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DIGITOMENU

Terms of Use

An Introduction to the Terms of Use of the DIGITOMENU Platform

Welcome to our website! We ask that you please read these terms carefully before using our services. The terms govern your use of our services and your relationship with us. Below is a quick introduction and summary of our terms:

• Helping Restaurants Create Dynamic Digital Menus : Our dynamic service empowers restaurants from across Japan to design, create, and display digital versions of their menus in a variety of languages, from Japanese to French. As part of this service, we also display these menus to customers using our proprietary web applications.

• We Do Not Offer Food And Beverages For Sale. Our digital menu service constitutes a technology platform that helps restaurants to share their menus with their customers. However, we do not sell such products, and any agreement for the purchase of food and beverages is solely between restaurants and their customers.

• You Own Your User Content : If you want to create a menu using our services, you must upload at least some of your own content. For example, you could choose to upload pictures of your restaurant, your pre-existing menu and more. You own this content – but you give us certain rights and licenses to process it on your behalf. The details of these licenses can be found in Section 2.2, below.

• We Are Not Responsible for Your Content : You are solely responsible for making sure that your content does not harm others or violate any rules or regulations, such as the copyright of the content that you upload.

• We Limit Our Liability to You : In order for us to provide our unique services, we limit and disclaim liability for the use of our site. Our site is provided “as is,” without any guarantees. Please read Sections 11 and 12 to learn more about these limitations.

Should you ever have any questions about these terms, please do not hesitate to send us an email at legal@digitomenu.com.

Our Agreement

The website located at https://digitomenu.com, including its translations into various languages (collectively the “Site”), is a copyrighted work belonging to DOKOJAPAN K.K. (“DOKOJAPAN”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.

These terms of use (“Terms”) set forth a binding and enforceable legal contract between DOKOJAPAN and you that govern your use of the Site, products, web applications, features, and other services provided by DOKOJAPAN (collectively, the "Services"). By accessing or using the Services, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). References to “you”, “your” and similar terms are construed accordingly in these Terms.

1. Accounts

1.1 Account Creation : In order to use many of the Services, you must register an account (“Account”) and provide certain information about yourself as prompted by the account registration form. In the alternative, you may submit necessary information to us and we will register an Account on your behalf. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site.

1.2 Account Responsibilities : You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

1.3 Account Disputes : In the event that you and another person have a dispute over ownership of an Account, we may, at any time, at our sole discretion, with or without notice to you, determine the rightful owner of the Account. Our decision is final and we may transfer the Account to whoever we determine is the rightful owner. In the event we cannot determine, at our sole discretion, the rightful owner of an Account, we may suspend or delete the Account. You agree that DOKOJAPAN will not be liable to you or to any third party for our exercise of the rights described in this Section.

2. User Content

2.1 User Content : Whenever you make use of our Services, including when you visit our Site, you may provide us with information and content (“User Content”). User Content includes, without limitation, information about food and beverages that you sell at your restaurant, pictures of your restaurant, digital files containing your restaurant’s menu, videos, photos, images, fonts, and other materials. In order to create your very own digital menu by using our Services (“Digitomenu”) you will need to upload or share at least some User Content.

2.2 License to User Content : Your User Content stays yours. However, you hereby grant to DOKOJAPAN an irrevocable, nonexclusive, perpetual, sublicensable, fully transferable, royalty-free and fully paid, worldwide license to host, process, store (including through the use of decentralized storage services), modify, reproduce, distribute, translate, adapt, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, solely for the purpose of providing, improving, and promoting the Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

2.3 Including Your Menu and Content in Our Marketing : For our own marketing purposes, we may choose to feature your Digitomenu or your User Content on our own Site and in our marketing materials. You hereby grant to DOKOJAPAN an irrevocable, nonexclusive, perpetual, sublicensable, fully transferable, royalty-free and fully paid, worldwide license to host, store, modify, reproduce, distribute, translate, adapt, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your Digitomenu or your User Content, and all intellectual property therein, solely for the purpose of marketing and promotional activities.

3. Your Responsibilities and Your Risks

3.1 You Are Solely Responsible for Your User Content and Your Digitomenu : You understand and expressly agree to assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You understand and expressly agree to assume any and all risks that User Content could lead to the injury of yourself or another person. DOKOJAPAN is not obligated to back up any User Content, and your User Content may be deleted at any time without prior notice. You may not represent or imply to others that your User Content is in any way endorsed by DOKOJAPAN.

3.2 You Are Solely Responsible for Your Digitomenu and Your Customers : From time to time, your restaurant or other facilities may have its own visitors, patrons and customers who interact or otherwise have access to your Digitomenu (“Restaurant Customers”). You understand, and expressly agree that: (a) your Digitomenu and your Restaurant Customers are solely your responsibility; (b) you are solely responsible for providing any services, food, beverages, products, support, or information to your Restaurant Customers; and (c) you are solely responsible for complying with any laws or regulations that apply in any way to your Digitomenu and to your Restaurant Customers. We are not obligated to back up your Digitomenu, and your Digitomenu may be deleted at any time without prior notice. You may not represent or imply to others that your Digitomenu is in any way endorsed by us. We’re not a party to, and we aren’t liable for, any agreement to provide any services, food, beverages, products, support, or information to your Restaurant Customers.

3.3 You Must Comply with Our Acceptable Use Policy : You must comply with our Acceptable Use Policy, which can be found in these Terms at Section 4. Please review the policy carefully as you must comply with it at all times, and you represent and warrant that your User Content and use of the Services complies with our Acceptable Use Policy.

3.4 You Must Follow the Law : You represent and warrant that your use of the Services is, and will be, in compliance with all applicable laws or regulations.

4. Acceptable Use Policy

4.1 The following terms constitute our “Acceptable Use Policy” :

(a) : You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content: (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or includes physical harm of any kind against any group or individual, or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations, or restrictions imposed by any third party.

(b) : In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services, including the Site, any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Services; or (vii) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).

4.2 Changes to the Acceptable Use Policy : We may modify our Acceptable Use Policy from time to time, at our sole discretion.

5. Third-Party Service Providers; Other Users

5.1 Third-Party Service Providers : The Services are integrated with third party service providers (“Third Party Service Providers”) that may make their services, products, information, and materials available to you. Third Party Service Providers, however, have their own terms of use and policies, and your use of them will be solely governed by those terms of use and policies.

5.2 Other Users : Our Services may contain User Content: (a) that is offensive or objectionable; (b) that violates the intellectual property rights of you or another person; (c) that is illegal or otherwise unlawful; (d) harmful to your computer or network; (e) that contains errors; or (f) the use of which, including through the download or copying of such User Content, results in the violation of other terms of use and policies or laws. Although we provide the Services, we expressly disclaim, and make no endorsement in regard to, the accuracy, lawfulness, currency, suitability, safety, or quality of any User Content or Digitomenus. We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published or otherwise made available via the Services by you or other users. Your interactions with other users and their User Content, or Digitomenus, are solely between you and such users. You understand and agree that DOKOJAPAN will not be responsible for any loss or damage incurred as the result of any such interactions, including when such interactions lead to harm. You are solely responsible for taking precautions to protect yourself from User Content or any Digitomenus. For example, if you order food based on information found in a Digitomenu, and are harmed by such food, we cannot and will not be liable for such harm. You will have to seek compensation, if you so desire, from whichever person created, or caused the creation of, the Digitomenu in question.

6. Intellectual Property Rights

6.1 We Own the Site and the Services : Excluding any User Content that you may provide, you understand and expressly agree that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services are owned by DOKOJAPAN or DOKOJAPAN’s suppliers. Neither these Terms nor your access to the Services, or others’ User Content or Digitomenus, transfers to you or any third party any rights, title or interest in or to such intellectual property rights. DOKOJAPAN and its suppliers reserve all rights not granted in these Terms.

6.1 Feedback : If you provide DOKOJAPAN with any feedback or suggestions regarding the Site or the Services (“Feedback”), you hereby assign to DOKOJAPAN all rights in such Feedback and agree that DOKOJAPAN shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. DOKOJAPAN will treat any Feedback you provide to DOKOJAPAN as non-confidential and non-proprietary. You agree that you will not submit to DOKOJAPAN any information or ideas that you consider to be confidential or proprietary.

7. Our Rights

7.1 Our Rights : DOKOJAPAN reserves the following rights, which we may exercise at any time, at our sole discretion, in whole or in part, with or without notice to you: (a) we may modify, suspend, or discontinue the Services; (b) we may alter or change the Services, how they can be used, and their functionality; (c) we may suspend, restrict, disable, or even terminate your access to, and use of, the Services; and (d) we may suspend, restrict, disable, or even terminate access to your Account or your Digitomenu. You agree that DOKOJAPAN will not be liable to you or to any third party for our exercise of the rights described in this Section.

7.2 Enforcement : DOKOJAPAN reserves the right (but has no obligation) to review any User Content, and to investigate and/or take appropriate action against you at our sole discretion. Such action may include removing or modifying your User Content or your Digitomenu, terminating your Account, and/or reporting you to law enforcement authorities.

8. Privacy

8.1 Privacy Policy : As a condition of these Terms, you must carefully read our Privacy Policy.

8.2 Compliance with Privacy Laws : When using the Services, you understand and expressly agree that you are solely responsible for complying with applicable data protection, security and privacy laws and regulations. Such laws and regulations may include the European Union’s General Data Protection Regulation and its e-Privacy Directive. You further represent and warrant that you will comply with all applicable protection, security and privacy laws and regulations.

9. Paid Services and Payments

9.1 Paid Services : You may from time-to-time access or use certain Services that we offer by making a fee payment (“Paid Services”). For example, when choosing to create and host a Digitomenu, you must pay us, either on a monthly, yearly basis, or via a fixed-fee, a certain amount. The term of any Paid Services will continue in effect until they are canceled or terminated in accordance with the Terms. We will inform you about the applicable fees for any Paid Services before you are charged for them. You may cancel Paid Services through the Services. In the event you don’t pay for any Paid Services on time, we may suspend or cancel your access to the Paid Services. We’ll also tell you about any additional fees that may pertain to Paid Services before you are charged for them. All fees for Paid Services will appear via our current payment processor, unless otherwise indicated. Our current payment processor is Stripe. Notwithstanding the foregoing, we may, at our sole discretion, send invoices directly to your email address.

9.2 Automatic Renewal : We will automatically bill you for certain Paid Services from the date you submit your initial payment, and thereafter during each renewal period, until you expressly cancel such Paid Services. Each renewal period will be for a period of time equal to the initial term. Unless we provide notice of a fee increase, the fees payable for each renewal period will also be equal to those payable for the initial term. For example, if you’re on a monthly subscription plan, such plan will automatically renew for a period of one month. We will bill you for such plan using whatever payment method you have on file with us, and you expressly authorize us to do this. For further clarity, consider in the event that you elect to create and host a Digitomenu on our Site using a monthly rate: we will bill you for the initial month, and then for each month thereafter (until you cancel), for such service using whatever payment method you used during the initial month.

9.3 Taxes : All fees are exclusive of taxes of any kind. You are solely responsible for the payment of all taxes, and we will charge such taxes in addition to any other fees for Services, including Paid Services. DOKOJAPAN may determine, at its sole discretion, whether you are exempt from any taxes. In the event DOKOJAPAN is required by law to pay or collect indirect taxes, such as a goods and services tax or a value-added tax, you will be solely liable for the payment of such taxes.

9.4 Refunds : Although you can cancel any Paid Services whenever you wish, we will not issue you a refund, unless we decide otherwise, at our sole discretion, or if required by law.

9.5 Fee Changes : We may change the amounts that we charge for Paid Services at any time, at our sole discretion. If you do not agree to any fee changes, you have the right to cancel the applicable Paid Service before the next payment date.

9.6 Payment Processor : We use a third-party payment processor that will bill you for Paid Services. Any such payment will be subject to the terms, conditions, and privacy policies of the payment processor, in addition to the Terms. Currently, we use Stripe to process such payments. You expressly agree to pay us, through our payment processor, all amounts payable for our Paid Services. You expressly authorize us, and grant us the right, to correct or instruct our payment processor to fix any error or mistakes, even if payment has been requested and/or received.

9.7 Fees Payable to Third Party Service Providers : Any services purchased from Third Party Service Providers may be subject to terms and conditions solely determined by such Third Party Service Providers. It is solely your responsibility to verify your ability to comply with those terms and conditions. We are not a party to your agreement, if any, with Third Party Service Providers.

10. Term and Termination

Subject to this Section, these Terms will remain in full force and effect until terminated by either you or us. We may, at any time, at our sole discretion, with or without notice, restrict, remove, suspend, or disable your access to the Services, in whole, or in part. Even after these Terms are terminated, all Sections, that by their very nature should survive termination shall survive termination, including, without limitation, Section 2, Section 6, Section 11, Section 12, Section 13, and Section 15.

11. Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND DOKOJAPAN (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

DOKOJAPAN MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (a) USER CONTENT (INCLUDING USER CONTENT INCLUDED ON ANY DIGITOMENU); (b) ANY DIGITOMENU, THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD PARTY SERVICE PROVIDERS LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICES; (c) THE QUALITY OF ANY DIGITOMENU, INCLUDING FOOD OR BEVERAGES REFERRED THEREIN, REVENUE ASSOCIATED WITH THE ADOPTION OF OUR SERVICES AT YOUR RESTAURANT OR OTHER PREMISES; OR (d) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR USER CONTENT, INCLUDING YOUR DIGITOMENU. WE DO NOT CONTROL OR DIRECT WHAT PEOPLE AND OTHERS DO OR SAY, AND WE ARE NOT RESPONSIBLE FOR THEIR ACTIONS OR CONDUCT (WHETHER ONLINE OR OFFLINE) OR ANY CONTENT THEY SHARE (INCLUDING OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, DANGEROUS, AND OTHER OBJECTIONABLE CONTENT).

12. Limitation on Liability

YOU UNDERSTAND AND EXPRESSLY AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT TO THE EXTENT CAUSED BY OUR GROSS OR INTENTATIONAL NEGLIGENCE, IN NO EVENT SHALL DOKOJAPAN, ITS AFFILIATES, AND ITS AND THEIR DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THE TERMS FOR: (a) ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES; (b) ANY LOST PROFITS, REVENUE, DATA, GOODWILL, AND OTHER TANGIBLE OR INTANGIBLE LOSSES; (c) ANY SERVICES PROVIDED BY THIRD-PARTY SERVICE PROVIDERS; (d) ANY USER CONTENT; (e) ANY LOSSES RELATED TO YOUR ACCESS, OR INABILITY TO ACCESS, YOUR ACCOUNT, YOUR DIGITOMENU, AND ANY PART OF THE SERVICES; (f) ANY LOSSES RELATED TO CORRUPTION, LOSS, UNAUTHORIZED ACCESS OR ALTERATION TO YOUR USER CONTENT, YOUR DIGITOMENU, OR YOUR RESTAURANT’S DATA. THE LIMITATIONS INCLUDED IN THIS SECTION APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR ANY OTHER LEGAL THEORY, EVEN IF DOKOJAPAN HAS BEEN ADVISED OR INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH IN THE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE TERMS, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DOKOJAPAN FOR CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THE TERMS EXCEED THE GREATER OF A MAXIMUM OF TEN THOUSAND JAPANESE YEN (JPY 10,000) OR THE TOTAL AMOUNTS PAID BY YOU TO DOKOJAPAN IN THE TWELVE (12) MONTHS IMMEDIATELY PROCEEDING THE EVENT THAT GAVE RISE TO SUCH CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

13. Indemnification

You agree to indemnify and hold DOKOJAPAN and its affiliates, and its and their directors, officers, employees, contractors, agents and suppliers, from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind, including reasonable attorneys’ fees, arising out of related to: (a) your breach of the Terms; (b) your User Content and your Digitomenu; (c) any claims on behalf of or against your Restaurant Customers; (d) your violation of any law or regulation; or (e) any claims from tax authorities in any country in relation to your User Content, your Digitomenu, or your restaurant. Your indemnification obligations shall not apply to the extent directly caused by our material breach of the Terms.

14. Copyright Policy

14.1 Notice : DOKOJAPAN respects the intellectual property of others and asks that users of our Services do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that a person through the use of our Services is unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, you shall immediately notify DOKOJAPAN (to the address set forth in Section 15.11, below) with the following information in the form of a written notification :

(a) : your physical or electronic signature;

(b) : identification of the copyrighted work(s) that you claim to have been infringed;

(c) : identification of the material on our services that you claim is infringing and that you request us to remove;

(d) : sufficient information to permit us to locate such material;

(e) : your address, telephone number, and e-mail address;

(f) : a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

(g) : a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

14.2 Warning : Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

15. General

15.1 Entire Agreement : These Terms constitute the entire agreement between you and DOKOJAPAN regarding the use of the Services, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of the Terms.

15.2 Severability & Waiver : If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. No waiver of any breach or default of any of the Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

15.3 Interpretation : The section titles in these Terms are for convenience only and have no legal or contractual effect

15.4 Changes : These Terms are subject to occasional revision in accordance with Article 548-4 of the Civil Code of Japan, and if we make any changes, we will notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. We may make changes if: (a) the changes are in the general interests of our users, or (b) the changes do not defeat the main purpose of these Terms and the changes are reasonable in light of the circumstances of our agreement. You are responsible for providing us with your most current e-mail address. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. We will describe the changes and the effective date of such changes in our notification email. These changes will be effective immediately for new users. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

15.5 Relationship : The Terms, and your use of the Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between DOKOJAPAN and you.

15.6 Assignment : DOKOJAPAN may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Services to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of DOKOJAPAN. Any attempted or actual assignment thereof without DOKOJAPAN’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section shall not in itself grant either DOKOJAPAN or you the right to cancel any Services.

15.7 Governing Law; Forum : All disputes and matters arising out of or in connection with the Terms and the Services (including non-contractual disputes and matters) shall be governed in all respects by the laws of Japan, without regard to its conflict of law provisions. Any judicial proceeding (other than small claims actions) arising out of or in connection with the Terms (including its existence, formation, operation and termination) and/or the Services (including non-contractual disputes and matters) must be brought exclusively in the District Court of Tokyo, Japan and you and DOKOJAPAN consent to venue and personal jurisdiction in such courts.

15.8 Electronic Communications : The communications between you and DOKOJAPAN use electronic means, whether you use the Site or send us emails, or whether DOKOJAPAN posts notices on the Site or communicates with you via email. For contractual purposes, you: (a) consent to receive communications from DOKOJAPAN in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that DOKOJAPAN provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

15.9 No Third-Party Beneficiary Rights : These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

15.10 Copyright/Trademark Information : Copyright © 2021. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of a third party which may own the Marks.

15.11 Contact Information :

Mailing Address :

DOKOJAPAN K.K.

6F Akasaka Tsukada Building,

1-11- 13 Akasaka, Chuo-ku,

Fukuoka 810-0042

Japan

E-mail :

legal@digitomenu.com

15.12 Governing Language : These Terms are provided in English and various other languages. Notwithstanding the foregoing, only the English version shall be binding, and all other translations of these Terms are for reference only. In the event of any conflict between the English Terms and any translations thereof, the English version shall prevail.