Terms of Use for GALAXY

Article 1 (Purpose)

1. These Terms of Use are applicable to all Users (defined below) of GALAXY(“App”) provided by neew,Inc. (“Company”). Users must agree to these Terms of Use before using the App.

2. These Terms of Use stipulate terms and conditions for using the App. All Users must use the App in accordance with the conditions as stated in these Terms of Use as applicable, including age and usage.

3. Once a User agrees to these Terms of Use, the Company and such User will enter into an Agreement (as defined in Article 2 of these Terms of Use).

Article 2 (Definitions)

For the purposes of these Terms of Use, the following terms have the following meanings:

(a) “Agreement(s)” mean the agreement entered into between the Company and Users under the terms and conditions as stipulated in these Terms of Use;

(b) “User” or “Users” mean a person or all persons registered with the App;

(c) “User Information” means ID and password of Users; and

(d) “Communication Equipment” mean smartphones, tablets, and computer equipment.

Article 3 (User Registration)

1. A person who intends to become a User must agree to the contents of these Terms of Use and complete the registration process based on the procedures required by the Company. In order to register for an account, the User must:

(1) Be at least 18 years old or the age that the User can legally enter into a contract independently in their home country if such age is greater than 18;

(2) Be single;

(3) Be legally permitted to use the App in the home country of the User; and

(4) Consent to registering at least one photograph which show their face, their location information and also undergo an identity verification.

2. If there is any change to the information registered by the Users in accordance with paragraph 1 of this Article 3, Users must immediately change the registered information. Please note that the User is unable to change their birthdate information and registered nickname. The Company may refuse registration or terminate the account of Users if it has reason to believe that the User violates Paragraph 1 of this Article 3 and also at its sole discretion when it believes that it is valid to do so including when it becomes known to the Company that the User has a criminal record due to research conducted as stated in the following paragraph.

3. In certain circumstances, the Company may investigate whether a User has any criminal history including searching sex offender registries or other public records. Please note that the Company does not conduct such research for most of the Users and even in cases that such research is conducted, they are not foolproof nor a perfect safety solution.

4. Users are prohibited from permitting any third party to use their accounts, transfer, assign or pledge such accounts as collateral to any third party.

Article 4 (Contents of the App)

The App matches Users based on information of the Users preferences. Users can message, call and video call each other once a match is made.

Article 5 (Usage Fees)

1. Fees for usage of the App will be decided in accordance with the price table designated by the Company.

2. Users must make payment for the fees only by a method designated by the Company.

Article 6 (Management of User Information and Communication Equipment)

1. Users must prepare all the necessary equipment, including Communication Equipment and transportation necessary for enjoying the App at their own expense. Users must bear all the communication costs necessary for using the App.

2. Users must manage their User Information and Communication Equipment. Users are responsible for any damage, including damage arising from mis-management of User Information or Communication Equipment, errors in using the App, and use of the App by any third party. The Company will not be responsible for any such damage unless it is caused by the Company’s negligence or willful misconduct.

3. Users must immediately inform the Company and follow the Company’s instructions if there is any indication of third party’s use of Users’ Information or Communication Equipment.

Article 7 (Conditions for Providing the App)

The Company may suspend or change the App without notifying Users of such suspension or change for any reason, including due to maintenance.

Article 8 (Intellectual Property Rights)

1. If a User or Users post or upload their work product on the platform used in the App, such User or Users must agree to grant, free of charge and to an unlimited extent, the Company a license to use all copyrights (including the rights stipulated in Articles 27 and 28 of the Copyright Act) concerning any part or all of such work for any purpose.

2. Users may not use, reproduce, publicly transmit, or modify any information or contents provided in the App (collectively, “Company Contents”) beyond the scope of “private use” as stipulated in the Copyright Act of Japan.

3. All intellectual property rights, including copyrights, patents, utility model registrations, trademark rights, design rights, and rights to make registrations based on such former rights (collectively “Intellectual Property Rights”) relating to the Services, belong to the Company or to the licensors granting licenses to the Company. Users must not create any derivative work of the Company Contents, including reproducing, distributing, reprinting, transmitting, publicly transmitting, modifying, or adapting the Company Contents.

4. If Users breach any provision of this Article 8 and cause any damage to the Company, such Users must resolve such damage at their sole cost and expense and take the appropriate measures to hold the Company harmless from any disadvantage, burden or damage.

5. Users must not exercise their author’s personal rights (including rights to make a work public, rights to indicate a name, and rights to preserve integrity) concerning any part or all of their posted contents, which might potentially be a copyright work, against the Company, any third party which duly obtains relevant rights from the Company, or any person which succeeds such rights from such third party.

Article 9 (Prohibited Acts)

1. Regarding Users’ use of the App, the Company prohibits any of the following acts:

(a) acts that breach the Terms of Use;

(b) mispresenting your identity, age or any other information that we require the User to register when using the App;

(c) acts that violate or likely violate proprietary and personal rights, including Intellectual Property Rights, patent, utility model, design, trademark, copyright and publicity rights of the Company or any third party including a licensor granting a license to the Company;

(d) acts that cause or likely cause any disadvantage or damage to the Company or any third party;

(e) acts that unlawfully damage or likely damage the honor, right, or credit of other persons;

(f) acts that breach any rules including laws, regulations, and municipal ordinances;

(g) acts that damage or likely damage any public policy, and acts that provide other Users or any third party with information which likely damage any public policy;

(h) criminal acts, any acts which lead to criminal acts, or acts to instigate or likely instigate such acts;

(i) acts that provide false information or information that is likely false;

(j) acts that prevent or likely prevent the App from its normal operation, including unlawful access to the Company’s systems, or that falsify program codes, falsify location information, cheat using any Communication Equipment and applications, and spread any computer virus;

(k) acts that use Macro program or any function or tool enabling automatic manipulation;

(l) acts that damage or likely damage the credibility of the App;

(m) acts that cause any negative influence upon young people or their sound growth;

(n) acts that pretend to be a third party and use the App, such as using other Users’ accounts;

(o) creating a new account after the Company has terminated or suspended the User’s account without the permission of the Company;

(p) fraud and illegal purchase of a bank account or a portable phone;

(q) Posting or sharing prohibited content as defined below;

(r) criminal acts or acts of terrorism, or any such suspected acts; or

(s) any other acts which the Company deems inappropriate.

2. If the Company considers that any acts of Users fall under any of the items stated in (a) to (s) above, the Company may take any or all of the following measures, without notifying such Users in advance:

(a) limit usage of the App;

(b) terminate the Agreements and remove such Users; and

(c) take any other measures which the Company reasonably deems necessary.

Article 10 (Prohibited Content)

Regarding User’s use of the App, the Company prohibits uploading or sharing any of the following content:

(a) illegal or promotes illegal activities;

(b) harmful to minors;

(c) contains images or portraits of minors unaccompanied by the minor's parent or guardian;

(d) contains images or portraits of minors who are not partially clothed and those that depict or imply minors engaged in sexual activity in any other manner;

(e) illicitly induces minors or solicits minors to engage in heterosexual relationships with Users

(f) defamatory or libelous;

(g) obscene, pornographic, violent content or otherwise may offend human dignity;

(h) abusive, threatening, discriminatory or encourages racism, sexism, hatred or bigotry;

(i) offensive or causing psychological distress to another person;

(j) relates to commercial activities (including but not limited to sales, competitions, promotions, advertising and links to other websites or premium line telephone numbers);

(k) involves the transmission of spam or junk mail;

(l) includes images or likeliness of another person without the consent of that person;

(m) violate or likely violate proprietary and personal rights, including Intellectual Property Rights, patent, utility model, design, trademark, copyright and publicity right of a third party;

(n) contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from the App or otherwise;

in any other way violates the intended use of the Company.

Article 11 (Termination for Cause)

1. The Company may unilaterally terminate the Agreements with Users, and unsubscribe them, if such Users fall under any of the following categories:

(a) if information registered by the Users contains false information;

(b) if a User or Users have been removed from the App before;

(c) if a person including a User’s heirs inform the Company of such User’s death or if the Company confirms such User’s death;

(d) if a minor uses the App without the consent of the minor’s legal representative;

(e) if an adult under guardianship, a person under curatorship, or a person under other similar assistance uses the App without the consent of his or her adult guardian, curator or assistant;

(f) if Users do not respond to the Company’s request promptly; or

(g) if the Company deems it necessary to terminate the Agreements with Users.

2. With respect to paragraph 1 of this Article 11, the Company may unilaterally terminate the Agreements with such Users by giving notifications to such Users no later than thirty (30) days before such termination. A User may unilaterally terminate the Agreement by following the termination procedures stipulated by the Company on the month of the effective termination date.

3. If any Agreement with a User is terminated in accordance with paragraph 1 or 2 of this Article 11, all the obligations of the User or Users will be removed from the App as a result of such termination will be accelerated and become immediately due and payable, and such Users must forthwith fulfill all of its obligations to the Company.

Article 12 (No Guarantee and Disclaimer)

1. The Company does not make any guarantee that contents of the App are complete, accurate, or valid and the Company does not guarantee that the App will not be interrupted, stopped, or undergo any other failure.

2. During use of App by Users, transition may sometimes occur from the App to other relevant services operated by a third party (“External Services”). In this case, Users must agree to the terms and conditions, including the terms of use, of such External Services, and use of the Services and such External Services by the Users at their sole responsibility. The Company does not make any guarantee that the contents of External Services are complete, accurate or valid.

3. The Company is not obliged to compensate any Users for any damage such Users may incur due to their failure to change the information registered in the App.

4. Users must use the App within the scope permitted by all applicable laws and regulations. The Company will not be responsible for any breach of laws or regulations of any country, including Japan, by Users.

5. The Company will not be responsible for any damage caused by loss of User Information due to unforeseen acts, including unlawful access by any third party.

6. The Company will not be responsible for any non-performance of a part or all of obligations under the Agreements due to force majeure events beyond the Company’s control, including an act of God, fire, labor strike, trade suspension, war, civil war, and outbreak of an infectious disease.

7. The Company will not be responsible for any problem that occurs between the Users (which is related or not related to the App) in connection with usage of the App. Such Users must resolve such problem at their sole cost and expense.

Article 13 (Damages)

1. Users must compensate the Company for any damages arising from any breach of these Terms of Use or use of the App (including lost profit and attorney’s fees).

2. Notwithstanding other provisions of this Terms of Use and subject to paragraph 3 of this Article 13, if the Company causes damages to Users for a reason attributable to the Company, the Company’s compensation for such damages will be limited to the following amount:

(a) if the damages are caused by the Company’s willful misconduct or gross negligence: the total amount of such damages; or

(b) if the damages are caused by the Company’s negligence other than gross negligence: ordinary damages which are caused actually and directly by such negligence (excluding special damages, lost profit, indirect damages and attorney’s fees) or 10,000 yen, whichever is lower.

3. Notwithstanding paragraph 2 of this Article 13, if a User is a corporation or uses the App for its business purpose, the Company shall not be responsible for any damage incurred by such User in connection with the App, except for gross negligence or willful misconduct by the Company. Compensation for damages under this paragraph shall not exceed the total fees for the App for one (1) year, prior to the day when such damages occur.

Article 14 (Elimination of the App)

1. The Company may eliminate the App at its sole and reasonable discretion.

2. In the case of paragraph 1 of this Article 14, the Company will not be responsible for any ensuing damage unless the Company causes such damage by its willful misconduct or gross negligence.

Article 15 (Confidentiality)

1. Users and the Company must strictly and appropriately manage any confidential information (including know-how of the App, information of the Company’s systems, and any technical or business confidential information) of the other party, and must not disclose, provide or divulge such confidential information to any third party (including the Company’s affiliates and contractors) without the prior written consent of the other party.

2. The following items shall not be considered Confidential Information:

(a) any information that the receiving party already has in its possession at the time of disclosure;

(b) any information that is publicly known at the time of disclosure or becomes publicly known by no fault of the receiving party after such disclosure;

(c) any information lawfully obtained from a third party after the disclosure by the disclosing party;

(d) any information developed or created independently of disclosed Confidential Information; and

(e) any information required to disclose by law or pursuant to a court order.

3. Upon the other party’s request or the termination of Agreements, Users and the Company must return confidential information to the other party, or destroy confidential information, without delay in accordance with the other party’s instructions and must not use such confidential information thereafter.

4. If the Company discloses Users’ confidential information to an affiliate or an out-source of the Company with the consent of such Users, the Company will not be responsible for the handling of such confidential information by such affiliate or out-source.

5. The Company may use User’s confidential information for the purpose of providing the App.

Article 16 (Exclusion of Anti-Social Forces)

1. Users and the Company respectively represent and warrant that they are not a gang, a gang member, an individual that left a gang within the last 5 years, a quasi-member of a gang, a gang affiliate or group, soukaiya, a blackmailer camouflaged as a social movement activist, a special intelligent violent group, or any other groups or persons equivalent to any of the above (hereinafter referred to collectively as the “Anti-Social Forces”) and that Users do not fall under any of the following categories, and warrant that Users will not fall under any of the following categories in the future:

(a) Users have relationships where Anti-Social Forces are recognized to control the management;

(b) Users have relationships where Anti-Social Forces are recognized to be substantially involved in the management;

(c) Users have relationships in which such Users are recognized to be using illegal Anti-Social Forces; for example, for the purpose of acquiring wrongful gain for itself or a third party, or for the purpose of inflicting damage on a third party;

(d) Users provide funds or benefits to Anti-Social Forces; or

(e) Users’ officers or persons substantially involved in its management have socially

2. Users and the Company respectively warrant that they will not engage in any of the following actions, either by themselves or through the use of a third party:

(a) violent demands;

(b) unlawful and unjust demands;

(c) threatening behavior or use of violence in connection with Agreements;

(d) spreading rumors, damaging the reputation of the Company by using fraudulent means or force, or obstructing the service of the Company; and

(e) any other actions equivalent to any of the foregoing.

3. If Users or the Company fall under any of the categories in paragraph 1 of this Article 16, conduct any actions as set forth in paragraph 2 of this Article 16, or make any false statement concerning their representations and warranties as set in paragraph 1 of this Article 16, the non-breaching party may terminate the Agreements without any written notice, regardless of any ground attributable to the Company.

4. Users acknowledge and agree that if the Company terminates the Agreements in accordance with paragraph 3 of this Article 16, the Company will not be responsible to compensate Users for any damage caused by the termination of Agreements.

Article 17 (Enquiry)

1. The Company will use its reasonable efforts to answer User’s enquiries concerning the App. However, the Company will not be obliged to make such answer, unless otherwise obliged by laws, regulations, or these Terms of Use.

2. The Company will not be obliged to explain the reason for not answering any specific enquiries from a User.

Article 18 (Prohibition of Assignment of Status)

Neither Users nor the Company may, without the prior written consent of the other party, transfer the contractual status under the Agreements or these Terms of Use to a third party, assign or transfer all or part of its rights and obligations under the Agreements or these Terms of Use to a third party, or encumber its rights under the Agreements or these Terms of Use as collateral; provided, however, that this does not apply in case of share transfer, business transfer, merger, company split, and other structural reorganization.

Article 19 (Personal Information)

The Company will handle personal information in connection with the App pursuant to “Privacy Policy” stipulated by the Company.

Article 20 (Severability)

1. If a provision of these Terms of Use is held invalid under any applicable law, such invalidity will not affect any other provision of these Terms of Use that can be given effect without the invalid provision.

2. If a provision of these Terms of Use is held invalid under any applicable law in relation to a part of Users, such invalidity will not affect any provision of these Terms of Use in relation to the other Users.

Article 21 (Measures against Breach)

1. If Users find any act of breaching these Terms of Use, Users must inform the Company of such breach.

2. Users may not file any objection to the Company’s measures against any act of breaching these Terms of Use.

Article 22 (Term)

The Agreement is valid from the execution date of such Agreement until such Agreement is terminated or expired; provided, however that the provisions of Article 8 (Intellectual Property Rights), paragraph 3 of Article 11 (Termination for Cause), Articles 12 (No Guarantee and Disclaimer) to 14 (Elimination of the App), paragraphs 3 and 4 of Article 16 (Exclusion of Anti-Social Forces), Article 18 (Prohibition of Assignment of Status), Article 20 (Severability), this Article 22 (Term), Article 24 (Governing Law) and Article 25 (Jurisdiction) will survive the termination of the Agreement and will remain in full force and effect after the termination of the Agreement.

Article 23 (Amendment)

1. The Company may amend these Terms of Use in accordance with Article 548-4 of the Civil Code of Japan in any of the following events:

(a) if the amendment to these Terms of Use aligns with the general interest of Users; or

(b) if the amendment to these Terms of Use does conflict with the purpose of the Agreements, and it is reasonable in light of the circumstances concerning the amendment such as the necessity of the amendment, the appropriateness of the details of the amended conditions, and the details of such provisions.

The amended Terms of Use will apply to the Agreements.

2. If the Company intends to amend these Terms of Use, the Company will specify the effective date of such amendment, and notify the Users of its intention to amend these Terms of Use, the details of the amended terms of these Terms of Use, and the date of such amendment, by a method designated by the Company in no later than two (2) weeks before such amendment

3. Notwithstanding paragraph 1 and 2 of this Article 23, Users will be deemed to have agreed to such amendment if Users do not cease the use of App or do not terminate the Agreements upon receiving such notification from the Company.

Article 24 (Governing Law)

These Terms of Use will be governed by and construed in accordance with the laws of Japan.

Article 25 (Jurisdiction)

Any dispute between Users and the Company will be adjudicated in the Tokyo District Court.

Article 26 (Miscellaneous)

1. Users must follow any rules separately stipulated by the Company regarding any matter not covered in these Terms of Use. In this case, such rules will constitute as an inseparable part of these Terms of Use.

2. Rules as stipulated in paragraph 1 of this Article 26 will be effective the moment such rules are published or announced on the place designated by the Company.

3. If there is any conflict between such rules as stipulated in paragraph 1 of this Article 26 and these Terms of Use, these Terms of Use will prevail.

supplementary provisions

Established and affective on June 15th,2024. Supplementary Provisions revised on January 15th,2025.