Terms of Use – museArrIve Help Center

Effective Date: May 2024

These Terms of Use ("Terms") govern your use of museArrIve and its associated software, content, and services (collectively referred to as the "Services") accessible through our website and its subdomains (the "Website") and our mobile applications for Android and for iOS (the "Apps").

Before you begin using Services, we kindly ask you to carefully read these terms. The terms "museArrIve," "us," or "we" refer to our company. The term "device" pertains to the equipment you use to access our Services, including but not limited to computers, smartphones, and tablets. As for "User" or "You", it designates the user of our Services.

Article 1: Acceptance of Terms

This Terms of Use document is applicable to all relationships arising from the use of museArrIve's services between the Users and museArrIve. In addition to these Terms of Use, museArrIve may establish various provisions pertaining to the use of the museArrIve service. These individual provisions, regardless of their specific designation, shall constitute an integral part of these Terms.

By signing up for our Services, you agree to be bound by these Terms, along with all applicable laws, rules, and regulations. If you disagree with these Terms, kindly refrain from utilizing our services.

In the event of any conflict between the provisions of these Terms and the individual provisions mentioned above, the provisions of the individual provisions shall prevail unless otherwise specified in the said individual provisions.

Article 2: Registration and Access

2.1. Eligibility

museArrIve's Services are for individuals willing to enter into a legally binding agreement. By using our Services, you affirm that you meet the minimum age requirement (at least 13 years old, or 16 years old for specific features) and are not prohibited from receiving such services under applicable laws. If you are under 18, you must have parental or legal guardian consent to use the Services. If representing an entity, you assert authority to bind said entity to these Terms.

2.2. Registration

To access museArrIve's Services, provide accurate information during registration. It's prohibited to share account credentials. You are responsible for all activities under your account. If using the Services on behalf of another, ensure proper authority to accept the Terms. museArrIve values account integrity and expects adherence to registration guidelines.

2.3. Approval and Discretionary Non-Approval

museArrIve reserves the right to not approve registration under certain circumstances:

a) False Information: Submission of inaccurate information during registration.

b) Violation of Terms: Previous violations of museArrIve's Terms of Use.

c) Inappropriate Use Registration: Determination that registration is unsuitable or inappropriate at our discretion.

We uphold high integrity standards. Any violation may result in discretionary non-approval of the application.

Article 3: User ID and Password Management

3.1. User Responsibility

Users are responsible for managing their user IDs and passwords for museArrIve. User credentials must not be transferred, lent, or shared with any third party. The combination of user ID and password grants access to the registered user's account.

3.2. Company’s Limited Liability

Unless intentionally or grossly negligent, museArrIve shall not be held liable for any damages caused by the unauthorized use of user IDs and passwords by third parties. Users are advised to maintain account security by regularly updating passwords, using unique and complex combinations, and avoiding easily guessable information.

Article 4: Sales Contract

4.1. Conclusion of Sales Contract

In museArrIve, a sales contract is concluded when users apply for a purchase and museArrIve notifies them that the application has been accepted. Additionally, ownership of the product is transferred to users when museArrIve completes payment confirmation.

4.2. Company's Right to Cancel

museArrIve reserves the right to cancel the sales contract without prior notice to users under the following circumstances:

a) Violation of Terms: Users violate any provisions stated in these Terms of Use.

b) Damaged Trust: Determination that the trust relationship between museArrIve and the user has been compromised.

The payment method, purchase application cancellation process, refund method, and other relevant procedures for museArrIve will be determined separately by the company. Users are advised to refer to the specific guidelines provided by museArrIve for further details on these matters.

Article 5: Intellectual Property Rights

5.1 Ownership of Content

The copyright and other intellectual property rights related to product photos and other content provided by museArrIve belong to legitimate right holders, including museArrIve and content providers.

5.2 Prohibited Actions

Users are strictly prohibited from engaging in unauthorized duplication, reprinting, modification, or any other form of secondary use of Content without explicit consent from the rightful owners.

5.3 Compliance with Intellectual Property Laws

Users are expected to comply with all applicable intellectual property laws and regulations governing the use of the Content. Any infringement of intellectual property rights may result in legal consequences. museArrIve emphasizes the importance of respecting intellectual property rights and encourages users to seek appropriate permissions or licenses for the use of any copyrighted materials. It is the responsibility of users to ensure that their actions do not violate any intellectual property rights.

Article 6: Prohibitions

When utilizing museArrIve, users are strictly prohibited from engaging in the following actions:

a) Violation of Laws and Public Order: Actions that violate laws, regulations, or public order and morals.

b) Criminal Activity: Actions directly or indirectly related to criminal activity.

c) Infringement of Intellectual Property Rights: Actions that infringe upon copyrights, trademark rights, or any other intellectual property rights associated with museArrIve.

d) Server or Network Interference: Actions that aim to destroy or interfere with the functioning of our servers or network.

e) Commercial Use of Service Information: Actions that involve the commercial use of information obtained from museArrIve without proper authorization.

f) Disruption of Company Services: Actions that may disrupt or interfere with the operation and provision of services by museArrIve.

g) Unauthorized Access: Actions of unauthorized access to museArrIve or any attempts to do so.

h) Collection of Personal Information: Actions of collecting or accumulating personal information or any other data related to other users without proper authorization.

i) Impersonation: Actions of impersonating another user or entity.

j) Support of Antisocial Forces: Actions of directly or indirectly providing benefits or support to antisocial forces in relation to museArrIve's Services.

k) Other Inappropriate Actions: Actions deemed inappropriate by museArrIve, based on its sole discretion.

Article 7: Suspension of Provision of the Service

7.1 Suspension of Service Provision

In the event that museArrIve determines the existence of any of the following reasons, it may suspend or interrupt the provision of all or part of the Service without prior notice to users:

a) Maintenance and System Updates: When performing maintenance inspections or updating the computer system related to museArrIve.

b) Force Majeure Events: If it becomes difficult to provide the Service due to force majeure events such as earthquakes, lightning strikes, fires, power outages, or natural disasters.

c) Accidental Interruptions: If a computer, communication line, or other relevant infrastructure experiences a stoppage due to an unforeseen accident.

d) Determination of Difficulty: Additionally, when museArrIve determines that it is difficult to provide this service for any other reason.

7.2 Limitation of Liability

museArrIve shall not be held liable for any disadvantages or damages incurred by users or third parties as a result of the suspension or interruption of the Service, regardless of the underlying reason.

Article 8: Use Restrictions and Cancellation of Registration

8.1 Use Restrictions

In the following cases, museArrIve may, without prior notice, impose restrictions on the use of all or part of the Service by users or cancel the user's registration:

a) Violation of Terms: In the event of a violation of any provision stated in these Terms of Use.

b) False Information: If it is discovered that false information has been provided in the registered items.

c) Suspended Payment Method: If the payment method reported by the user, such as a credit card, is suspended.

d) Payment Default: If there is a default in fulfilling payment obligations, such as outstanding charges.

e) Lack of Response: If there is no response within a specified period of time to communication attempts from museArrIve.

f) Inactivity: If the Service has not been utilized for a certain period of time since the user's last use.

g) Inappropriate Use: If museArrIve determines that the use of this service by the user is not appropriate.

8.2 Limitation of Liability

museArrIve shall not be held liable for any damages incurred by users as a result of the actions taken by museArrIve under this section. museArrIve exercises these measures to ensure the integrity, security, and proper functioning of the Service, as well as to uphold the terms and conditions agreed upon by Users.

Article 9: Payment and Billing Terms (In-App Purchases)

9.1. Billing Information

When opting for any paid Services, you must provide accurate billing information, including a valid payment method. For subscriptions with periodic renewals, your payment method will be automatically charged at each agreed interval until cancellation. You are responsible for applicable taxes, charged as required. Failure to complete payment may result in account downgrade or access suspension until payment is received.

9.2. Cancellation

Paid subscriptions can be canceled at any time. All payments are non-refundable, except where mandated by law. Local laws regarding cancellation rights prevail over these Terms.

9.3 Content Availability:

Purchased content or features will be accessible within the MuseArrive app after the transaction is complete. However, in rare cases of technical errors, delivery might be delayed. If any issues occur, please contact our support team for assistance.

9.4 User Responsibility:

It is your responsibility to ensure that your device and account are secure. We are not responsible for any unauthorized transactions or access to your account.

9.5 Age Requirement:

In-app purchases are only available to users who meet the app store's minimum age requirement or have obtained permission from a parent or legal guardian.

9.5 Changes:

museArrIve reserves the right to periodically modify prices. In the event of a subscription price increase, users will receive at least 30 days' notice, and the new pricing will take effect upon the next renewal. Users may choose to cancel if they disagree with the price adjustment.

By making an in-app purchase, you agree to these terms and conditions, and you understand that all transactions are subject to the app store's policies.

Article 10: Notifications and Communication

Notifications or contact between Users and museArrIve will primarily occur through the email address provided during registration. Users must maintain an accurate and current email address with museArrIve to ensure delivery of important notifications and communications.

Unless Users explicitly inform museArrIve of any email address changes, it will be assumed that the currently registered email address is valid. Notices or communications sent to the registered email address will be deemed delivered at the time of sending.

Users are responsible for promptly updating their email address through the designated channels provided by museArrIve to avoid disruption in receiving important information and updates.

Article 11: Withdrawal

11.1 User Withdrawal

Users retain the right to withdraw from the Service at any time by following the procedures outlined by museArrIve.

11.2 Withdrawal Procedure

museArrIve will furnish clear and accessible procedures for users to initiate their withdrawal from the Service. Users are encouraged to review and adhere to these procedures for a smooth withdrawal process.

11.3 Consequences of Withdrawal

Upon the user's withdrawal from the Service, their access and privileges associated with the Service will cease. Any remaining account balances, credits, or benefits may be forfeited in accordance with applicable terms and conditions.

Article 12: Warranty Disclaimer and Limitation of Liability

12.1 Warranty Disclaimer

museArrIve does not provide any warranties, expressed or implied, regarding the Service. We do not guarantee the absence of any defects, including but not limited to safety, reliability, accuracy, completeness, or suitability for a particular purpose. We are not liable for any errors or omissions in content, or for the availability or functionality of any content.

12.2 Limitation of Liability

museArrIve shall not be held liable for any damages incurred by Users in connection with the use of the Service, except where mandated by applicable consumer protection laws. We disclaim responsibility for damages arising from unforeseeable circumstances, negligence, or default.

13.3 User-to-User or User-to-Third-Party Interactions

museArrIve bears no responsibility for transactions, disputes, or interactions between users or between users and third parties in relation to the Service. Users are solely responsible for their interactions and transactions, and museArrIve disclaims any liability in this regard.

Article 13: Change of Service Contents

museArrIve reserves the right to modify the content of the Service or cease its provision without prior notification to Users. museArrIve shall not be liable for any damages incurred by Users as a result of such changes.

Article 14: Changes to the Terms of Use

museArrIve retains the right to amend this agreement at any time without prior notice to users. Users who continue to use the service after such amendments are deemed to have accepted the revised agreement.

Article 15: Prohibition of Transfer of Rights and Obligations

Users are prohibited from transferring or pledging their status, rights, or obligations under these Terms of Use to any third party without prior written consent from museArrIve.

Article 16: Governing Law/Jurisdiction

16.1 Governing Law

These Terms shall be governed by the laws of Japan. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this service.

16.2 Jurisdiction

In the event of a dispute related to this service, the exclusive jurisdiction shall reside with the court having jurisdiction over museArrIve head office location.

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<Notice for Japanese Residents>

museArrIve does not retain cryptocurrencies for Japanese residents via the wallet service provided by museArrIve. Cryptocurrencies displayed in this wallet are indicative of assets that customers can receive upon withdrawal to an external blockchain wallet. Ownership of cryptocurrencies displayed in this wallet transfers to the user upon withdrawal, and until withdrawal, they are legally owned by museArrIve.