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Terms of Service
This Terms of Service (hereinafter referred to as "the Terms") sets forth the conditions for using the services (hereinafter referred to as "the Services") provided by Blue Mobility Co., Ltd. (hereinafter referred to as "the Company"). It defines the obligations and rights between the users (as defined in Article 3) and the Company. By using the Services, users agree to the Terms, so please read the Terms carefully before use. If you do not agree to the Terms, you cannot use the Services.

Article 1 (This Service)
1 The Services provide a platform where agreements related to helicopter and other aircraft flight services are made between affiliated air transport operators (as defined in Article 3) and bookers (as defined in Article 3).
2 Contracts and other matters related to flight services between users are carried out entirely at the users' own discretion and responsibility. The Company holds no liability, rights, or authority as either the orderer or contractor. However, the Company may receive flight service fees from bookers on behalf of affiliated air transport operators (as defined in Article 3).

Article 2 (Application)
1 In the operation of the Services, the Company may establish provisions, rules, notices, etc., regarding the terms of use of the Services (including individually agreed terms with users, hereinafter referred to as "Individual Provisions"). These Individual Provisions, together with these Terms, shall collectively be referred to as the "Terms and Conditions." In such cases, the Individual Provisions shall constitute a part of these Terms.
2 In the event that the content of the Individual Provisions defined in the previous section conflicts or contradicts these Terms, the content of the Individual Provisions shall take precedence and apply, unless otherwise specifically stipulated in the Individual Provisions.
3 Regarding other websites, applications, and services linked or used in the provision of our website or the Services (hereinafter collectively referred to as "External Services"), please use them in accordance with the terms and conditions set forth on our website or within the External Services.
In addition, please use them in compliance with the individual terms, conditions, and rules set forth by affiliated air transport operators (as defined in Article 3) and other transportation companies.

Article 3 (Definitions)
The terms used in these Terms and Conditions shall have the meanings as defined below.

1 "Booking Customer" refers to an individual who agrees to these Terms and Conditions under Article 4 and makes a reservation for and utilizes flight-related services provided by Partnered Air Transport Operators through this Service.
2 "Partnered Air Transport Operators" refers to businesses holding a license for air transport services issued by the Minister of Land, Infrastructure, Transport, and Tourism, or equivalent businesses ("Air Transport Operators"), that collaborate with our company to provide flights.
3 "Partnered Air Transport Operators, etc." refers to Partnered Air Transport Operators or other Air Transport Operators that undertake or intend to undertake flight-related services for Booking Customers through this Service.
4 "User" refers to individuals who use this Service, including Booking Customers and Partnered Air Transport Operators, etc.
5 "Flight-Related Services" refers to air transportation and other services provided by Partnered Air Transport Operators, etc., to Booking Customers.
6 "Flight-Related Service Fees" refers to the fees determined by our company that Booking Customers must pay in relation to Flight-Related Services.
7 "Service Usage Fees" refers to the fees that Partnered Air Transport Operators, etc., must pay in connection with the provision of Flight-Related Services.
8 "Our Website"[ refers to https://bluemobility.co.jp/ and other websites that enable the use of this Service,]as designated by our company.
9 "Intellectual Property Rights" refers to copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including rights to acquire such rights or to apply for registration of such rights).

Article 4 (Use of the Service)
1 Booking Customers may use the Service within the scope of its intended purpose and in compliance with these Terms and Conditions, following the methods prescribed by our company.
2 The preparation and maintenance of the necessary computers, software, and other equipment, communication lines, and other communication environments required to use the Service shall be carried out at the Booking Customer’s expense and responsibility.
3 Booking Customers are responsible, at their own expense and responsibility, for implementing security measures appropriate to their Service usage environment, such as preventing computer viruses, unauthorized access, and information leakage.
4 Booking Customers must exercise due care to ensure that their information is not lost or altered, and that their equipment does not malfunction or sustain damage when starting or using the Service. Our company assumes no responsibility for any damages incurred by Booking Customers as a result.

Article 5 (Formation of Individual Contracts, Cancellations, etc.)
1 Booking Customers may apply for the provision of flight-related services offered by Partnered Air Transport Operators, etc., through the methods prescribed by our company within the Service.
2 Within the Service, an individual contract (hereinafter referred to as the "Individual Contract") concerning flight-related services shall be deemed formed between the Booking Customer and the Partnered Air Transport Operators, etc., at the moment the Booking Customer applies via the methods prescribed by our company, and our company sends an approval notification to the Booking Customer.
3 After the contract is established, cancellations and changes to the reservation are not permitted. However, this shall not apply in cases where operations are canceled under Article 13, or if the Partnered Air Transport Operators, etc., fail to provide services within the agreed schedule or period under the contract, and our company specifically approves such exceptions.

Article 6 (Fees, Payment Methods, etc.)
1 When utilizing flight-related services, Booking Customers must pay the flight-related service fees to the Partnered Air Transport Operators, etc., in accordance with the Individual Contract and by the prescribed deadline.
2 Partnered Air Transport Operators, etc., grant our company the authority to act as an agent to receive flight-related service fees on their behalf and shall not accept direct payments from Booking Customers. The granting of this agency authority to our company as stipulated in this clause cannot be revoked.
3 When our company receives the flight-related service fees from the Booking Customer in accordance with the previous clause, the Booking Customer’s payment obligation to the Partnered Air Transport Operators, etc., under Clause 1 shall be deemed extinguished.
4 In cases specified in the proviso of the preceding article's Clause 3 or when a reservation is canceled or modified based on laws and regulations, our company may refund all or part of the flight-related service fees received from the Booking Customer. Such refunds will be made without interest. Additionally, Partnered Air Transport Operators, etc., may not claim the refunded amount and must return any fees they have already received to our company.

Article 7 (Prohibited Acts)
1 Users must not engage in any of the acts specified in the following items when using this Service. Furthermore, if the Company requests an explanation from the User regarding whether their actions fall under any of the prohibited acts listed below, and the User fails to provide a reasonable explanation within the period specified by the Company, it will be deemed that the prohibited act has been committed.

1 Providing false or misleading information to the Company.
2 Engaging in acts that infringe or may infringe the intellectual property rights, portrait rights, privacy, honor, or other rights or interests of the Company, other users, partner airlines, or third parties.

3 Engaging in acts that violate laws or regulations, criminal acts, or acts that may lead to such violations, or aiding and abetting such acts.
4 Transmitting obscene information, harmful content to minors, or information related to inappropriate relationships.
5 Engaging in acts that are against public order and morals, or that may lead to such violations, or aiding and abetting such acts.
6 Transmitting information containing computer viruses or other harmful programs.
7 Gaining unauthorized access or attempting to do so.
8 Impersonating other users.
9 Altering information that can be used in relation to this Service.
10 Providing false information or information likely to be false.
11 Engaging in acts that may interfere with the operation of this Service by the Company.
12 Applying for flight-related services without the intention to use the services.
13 Refusing to pay for the flight-related service fee or the service fee for this Service without a reasonable excuse, or refusing to receive or provide services without justification.
14 Repeatedly making unreasonable demands to partner airlines, thereby forcing responses or actions that interfere with the operations of partner airlines.
15 Engaging in direct transactions bypassing this Service or soliciting such transactions.
16 Using this Service to direct other users or third parties to other websites as a means of personal business promotion.
17 Engaging in activities that replicate or attempt to replicate services identical or similar to this Service.
18 Collecting, disclosing, or demanding the disclosure of personal information of other users.
19 Providing benefits directly or indirectly to organized crime groups or related parties (as defined in Article 22) in connection with this Service.
20 Posting or transmitting content on this Service that includes, or is deemed by the Company to include, the following expressions:

・Excessively violent expressions.
・Explicit sexual content.
・Discriminatory expressions based on race, nationality, beliefs, gender, social status, lineage, etc.
・Expressions encouraging or promoting suicide, self-harm, or drug abuse.
・Other antisocial content that causes discomfort to others.

21 Harassment, defamation, or actions aimed at causing discomfort to the Company or other users.
22 Religious activities or solicitation to religious groups.
23 Using this Service for purposes other than its intended use.
24 Any other acts deemed inappropriate by the Company.

Article 8 (Suspension of the Service)
1 he Company may suspend or interrupt all or part of the Service without prior notice to users in any of the following cases:

1 When performing regular or emergency inspections or maintenance of computer systems related to the Service.
2 When computers, communication lines, or other infrastructure are interrupted due to accidents.
3 When the operation of the Service becomes impossible due to force majeure events such as fires, power outages, or natural disasters.
4 When verifying the accuracy of published information, reviewing the removal of advertisements, or for other operational or technical reasons deemed necessary by the Company.
5 When the provision of the Service becomes difficult due to equipment failures necessary for providing the Service.
6 Any other cases where the Company deems suspension or interruption necessary.

2 The Company reserves the right to terminate the Service at its discretion. In such cases, the Company will provide prior notice to users.
3 The Company shall not be liable for any damages incurred by users as a result of actions taken under this Article.

Article 9 (Storage of Information)
The Company, even if it retains messages or other information sent or received by users for a certain period for operational purposes, is not obligated to store such information and reserves the right to delete it at any time. Furthermore, the Company shall not be liable for any damages incurred by users as a result of actions taken under this Article.

Article 10 (Ownership of Rights)
1 All information provided by users to the Company through the Service (including but not limited to text, images, videos, other data, and portraits posted or transmitted on the Service, collectively referred to as "Provided Information") may be used by the Company, without charge, for an indefinite period, without geographical limitation, and with unrestricted rights to utilize, reproduce, copy, modify, sublicense to third parties, and perform any other uses under Articles 27 and 28 of the Copyright Act. Users also agree in advance not to exercise moral rights of authors (e.g., the right to make a work public, the right to attribution, and the right to maintain the integrity of a work). This clause does not constitute a promise by the Company to permit other users to use such information.
2 The Company bears no responsibility for any damages incurred by users or third parties resulting from the Company’s use of Provided Information as stipulated in the preceding clause.
3 Users warrant that their Provided Information does not infringe on the intellectual property rights of third parties. If the Company receives claims from third parties alleging infringement of intellectual property rights concerning the Provided Information, the user shall resolve such disputes in accordance with Article 14.
4 All ownership and intellectual property rights related to the Service belong exclusively to the Company or to the entity granting the Company a license. The license to use the Service granted through registration under these Terms does not imply any license to use the intellectual property rights of the Company or its licensors. Users must not engage in actions that may infringe on the intellectual property rights of the Company or its licensors, including but not limited to disassembling, decompiling, or reverse engineering.
5 If a user transfers intellectual property rights related to the Provided Information to a third party, the user must ensure that the third party agrees to the provisions of this Article. If the third party does not agree, the user shall not be permitted to transfer the intellectual property rights.

Article 11 (Suspension of Use, etc.)
1 The Company may suspend or terminate a user's access to the Service without prior notice or demand if any of the following conditions apply:

1 The user violates any provision of these Terms.
2 The user delays payment of the Flight-Related Service Fees or Service Fees even once.
3 The user engages in any conduct outlined in Article 7 (Prohibited Actions), Paragraph 1.
4 The user becomes subject to suspension of payments, insolvency, or filing for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or any similar proceeding.
5 The user issues or accepts a bill or check that is dishonored.
6 The user becomes subject to seizure, provisional seizure, provisional disposition, compulsory execution, or auction proceedings.
7 The user becomes subject to tax delinquency procedures.
8 The user passes away or becomes subject to a ruling for commencement of guardianship, curatorship, or assistance.
9 The user has not utilized the Service for six months or more and fails to respond to contact attempts by the Company.
10 After the conclusion of an individual contract, the parties or the Company attempt to contact the other party through usual means of communication within the Service, but no response is received for more than one week.
11 The number of disputes involving the user with other users or third parties exceeds a certain threshold, regardless of intention or negligence.
12 The Company determines that the user is involved with antisocial forces, provides funds or other forms of cooperation to maintain or operate antisocial forces, or has any interactions or involvement with antisocial forces.
13 The Company otherwise deems the continued registration of the user as inappropriate.

2 In the event any of the conditions outlined in the preceding paragraph apply, the user shall immediately lose the benefit of any payment deadlines and must pay all outstanding debts to the Company without delay.
3 The Company shall not be liable for any damages incurred by the user due to actions taken by the Company under this Article.
4 If access to the Service is suspended under this Article, the user shall comply with the Company’s instructions to return, dispose of, or destroy any software, manuals, or other items related to the Service provided by the Company.

Article 12 (Disclaimer of Warranties and Limitation of Liability)
1 The Company makes no warranties that the Flight-Related Services provided by the Partnered Air Transport Operators or other related services through this Service, as well as any information obtained by users via this Service, will meet the specific purposes of the user, meet expected functions, have commercial value, accuracy, usefulness, or completeness, comply with applicable laws or internal regulations of industry organizations, or be free from defects.
2 The Company assumes no responsibility for managing or supervising the content or safety of the services provided by the Partnered Air Transport Operators and makes no guarantees regarding these services.
3 While the Company may examine whether Partnered Air Transport Operators possess the necessary licenses or permits or own aircraft as declared, the Company does not guarantee the capability, national qualifications, skills, safety, or licenses and permits of the Partnered Air Transport Operators, even if they are partnered with the Company.
4 Any transactions, communications, or disputes between users and other users or third parties in connection with this Service shall be resolved at the responsibility of the user, and the Company assumes no responsibility for such matters.
5 The Company shall not be liable for any damages incurred by the user in relation to the suspension, termination, unavailability, or modification of this Service, the deletion or loss of information transmitted by the user, the cancellation of the user's registration, the loss of data due to the use of this Service, or damage or malfunction to the user's devices.
6 Even if links to other websites are provided on this Service or links to this Service are provided from other websites, the Company assumes no responsibility for those websites or any information obtained from them, regardless of the reason.

Article 13 (Flight Operations)
1 The Company reserves the right, under the discretion of the flight captain, to cancel, postpone, operate under conditional terms, alter the destination, or take other measures regarding the flight due to legal requirements, demands from authorities, equipment malfunctions, weather conditions, force majeure, labor disputes, civil unrest, war, disaster recovery activities, or other unavoidable circumstances. Decisions made by the flight captain are final and cannot be overturned. The timing of such measures is not subject to specific deadlines, and the flight captain's decision (or a person recognized by the Company as holding an equivalent position) will be followed even if the decision is made immediately before implementation.
2 Compensation for actions taken under the preceding paragraph is limited to the amount of the Flight-Related Service Fee already paid. The Company assumes no liability for any other expenses incurred by the reservation holder, including transportation costs to the heliport, accommodation costs, or other related expenses.
3 In addition to the provisions of Paragraph 1, Partnered Air Transport Operators may cancel, suspend, or alter the destination of a flight in accordance with their terms of carriage or other agreements. In such cases, the reservation holder agrees to comply with the terms of carriage or other relevant agreements.

Article 14 (Dispute Resolution and Compensation for Damages)
1 If a User violates these Terms or causes damage to the Company in connection with the use of the Service, the User shall compensate the Company for all damages incurred (including but not limited to special damages, lost profits, compensation paid to third parties, and legal fees or other costs associated with dispute resolution).
2 If a User receives complaints or becomes involved in disputes with other Users or third parties in relation to the Service, the User must immediately notify the Company of the details. The User shall resolve such complaints or disputes at their own expense and responsibility, and, upon request by the Company, report the progress and outcome to the Company.
3 If the Company receives claims from other Users or third parties, such as claims of infringement of rights, in connection with a User’s use of the Service, the User shall, upon the Company’s request, resolve and settle such claims at their own responsibility and expense. The User must also provide necessary cooperation to resolve and settle the claims. Additionally, the User must compensate the Company for any amounts the Company is required to pay to such third parties and for any other costs incurred (including legal fees and other dispute resolution costs) as a result of such claims.
4 The Company shall not be liable for any damages incurred by a User in connection with the Service unless the Company is found to have committed willful misconduct or gross negligence. In cases where the Company is liable for damages, its liability shall be limited to direct and actual damages incurred by the User as a result of ordinary circumstances, excluding special damages or lost profits. Compensation is limited to the total amount of the related service fees or Service fees paid by the User in the three months preceding the occurrence of the damage.
5 If the User Agreement qualifies as a Consumer Contract under Article 2, Paragraph 3 of the Consumer Contract Act (Act No. 61 of 2000), and the Company is found to have committed willful misconduct or gross negligence, the provisions of the preceding paragraph shall not apply.

Article 15 (Confidentiality)
1 For the purposes of these Terms and the Service, "Confidential Information" refers to all information related to the Company’s technology, business, operations, finances, organization, or other matters, which has been provided or disclosed by the Company to the User in writing, orally, or through recorded media, or which the User has otherwise learned in connection with these Terms or the Service.
2 The User shall use the Confidential Information solely for the purpose of using the Service and shall not, without prior written consent from the Company, provide, disclose, or leak the Confidential Information to any third party.
3 Notwithstanding the provisions of the preceding paragraph, the User may disclose Confidential Information to the minimum extent necessary based on orders, demands, or requests from laws, courts, or government agencies. However, in such cases, the User shall notify the Company in advance of the recipient, reason for disclosure, timing, and scope of disclosure and discuss these matters with the Company. If prior notification is impossible or significantly difficult, the User must notify the Company without delay after the disclosure.
4 If the User reproduces documents or magnetic recording media containing Confidential Information, they shall obtain prior written consent from the Company. Such reproductions shall also be treated as Confidential Information and must be strictly managed.
5 Upon request by the Company, the User must promptly return or destroy all Confidential Information, as well as documents, other recorded media, and all reproductions containing or embodying Confidential Information, in accordance with the Company’s instructions.

Article 16 (Changes to These Terms)
1 The Company may change these Terms and Conditions without obtaining the consent of the User if deemed necessary due to the enactment or amendment of laws or regulations, the addition of new services, or other reasons the Company considers necessary. In the event of such changes, Users shall use the Service in accordance with the revised Terms and Conditions.
2 When the Company changes these Terms and Conditions, it shall notify Users in advance by displaying the revised Terms and Conditions and their effective date on the Service or the Company’s website, or by other methods prescribed by the Company. If a User continues to use the Service after the notification of such changes or does not cancel their registration within the period specified by the Company, the User shall be deemed to have agreed to the changes.
3 Notwithstanding the preceding paragraph, the Company shall not provide notification of changes in the case of minor corrections, such as typographical errors or formatting adjustments, or if the changes do not affect the rights or obligations of Users currently using the Service.

Article 17 (Exclusion of Antisocial Forces)
1 The User hereby represents and warrants that they are not currently, and will not in the future, fall under any of the following categories: organized crime groups, members of organized crime groups, persons who have not been members of organized crime groups for less than five years, associate members of organized crime groups, companies affiliated with organized crime groups, racketeers, groups engaging in criminal activities under the guise of social movements, special intellectual violent groups, or other equivalent entities (hereinafter collectively referred to as "Antisocial Forces"). Additionally, the User represents and warrants that they do not currently, and will not in the future, fall under any of the following circumstances:

1 Having a relationship where Antisocial Forces are deemed to control the User's management.
2 Having a relationship where Antisocial Forces are deemed to be substantially involved in the User's management.
3 Having a relationship that is recognized as utilizing Antisocial Forces unfairly, such as to gain illicit benefits for oneself, one’s company, or a third party, or to inflict damage on a third party.
4 Having a relationship that involves providing funds or benefits to Antisocial Forces or otherwise contributing to them.
5 Having officers or persons substantially involved in the management who have a socially reprehensible relationship with Antisocial Forces.

2 The User agrees not to engage in, either directly or through a third party, any of the following acts:

1 Violent demands.
2 Unreasonable demands beyond legal responsibility.
3 Acts involving threatening behavior or violence in connection with transactions.
4 Acts of spreading rumors, using fraudulent means, or resorting to force to damage the reputation of the other party or interfere with their business.
5 Other acts equivalent to the preceding items.

3 If it is determined that the User falls under any category of Antisocial Forces described in paragraph 1, engages in any act described in paragraph 2, or makes a false declaration regarding the representations and warranties under paragraph 1, the Company may terminate this Agreement without any notice to the User, regardless of whether the User is at fault.
4 The User acknowledges and agrees that the Company shall not be liable for any damages incurred by the User as a result of the termination of this Agreement pursuant to the preceding paragraph.

Article 18 (Communication and Notification)
1 Inquiries regarding the Service and other communications or notifications from Users to the Company, as well as notifications regarding changes to these Terms and other communications or notifications from the Company to Users (including but not limited to emails announcing campaigns and newsletters), shall be conducted via email or other methods determined by the Company. Users agree to this method of communication.
2 Communications or notifications from the Company shall become effective at the time they are sent by the Company. Additionally, if posted on the Service or the Company's website, they shall be deemed to have reached the User at the time of posting.
3 Unless the Reservation Holder updates their reservation information, the Company will treat the information provided at the time of reservation as valid and send notifications or communications based on that information. Even if the Reservation Holder fails to update their reservation information and notifications or communications do not reach them, such communications or notifications shall still take effect as specified in the preceding paragraph.

Article 19 (Transfer of Status under These Terms)
1 Users may not transfer, assign, set collateral, or otherwise dispose of their status under the Usage Agreement, or any rights or obligations under these Terms, to a third party without the prior written consent of the Company.
2 In the event that the Company transfers the business related to the Service to another company, the Company may transfer its status under these Terms, as well as its rights and obligations under these Terms, along with the registered information and other user data, to the transferee of such business transfer. Users hereby agree in advance to such transfer under this paragraph. The business transfer mentioned in this paragraph shall include not only regular business transfers but also corporate splits and other cases where the business is transferred.
3 The Company may outsource any and all activities related to the provision of the Service to third parties.

Article 20 (Late Payment Interest)
In the event that a User delays the payment of flight-related service fees, service usage fees, or any other obligations owed to the Company, the User shall pay the Company late payment interest at an annual rate of 14.6%, calculated from the day following the payment due date until the payment is completed.

Article 21 (Entire Agreement)
These Terms and Conditions constitute the entire agreement between the Company and the User regarding the matters contained herein and supersede any prior agreements, representations, or understandings, whether oral or written, between the Company and the User concerning such matters.

Article 22 (Severability)
1 Even if any provision or part thereof of these Terms and Conditions is deemed invalid or unenforceable under the Consumer Contract Act or other applicable laws and regulations, the remaining provisions of these Terms and Conditions, as well as the remaining parts of the provision deemed invalid or unenforceable, shall remain fully effective. The Company and the User shall endeavor to amend such invalid or unenforceable provision or part to the extent necessary to make it lawful and enforceable, ensuring that the intent of the invalid or unenforceable provision or part is preserved and that its legal and economic effect is equivalent.
2 If any provision or part thereof of these Terms and Conditions is deemed invalid or unenforceable with respect to one User, such determination shall not affect the validity or enforceability of these Terms and Conditions with respect to other Users.

Article 23 (Surviving Provisions)
The provisions of Article 4 (Use of the Service), Paragraphs 2 to 4, Article 6 (Fees and Payment Methods), Article 7 (Prohibited Acts), Article 8 (Suspension of the Service), Paragraph 3, Article 9 (Information Retention), Article 10 (Ownership of Rights), Article 11 (Suspension of Use), Paragraphs 2 to 4, Article 12 (Disclaimer of Warranties and Limitation of Liability), Article 13 (Flight Operations), Article 14 (Dispute Resolution and Compensation for Damages), Article 15 (Confidentiality), Article 17 (Exclusion of Anti-Social Forces), Article 18 (Communication and Notices), Article 19 (Assignment of Contractual Position), Article 20 (Late Payment Penalty), Article 21 (Entire Agreement), Article 22 (Severability), this Article, Article 24 (Governing Law and Jurisdiction), and Article 25 (Resolution by Consultation) shall remain effective even after the termination of the service agreement.

Article 24 (Governing Law and Jurisdiction)
The governing law for these Terms and Conditions shall be the laws of Japan. Any disputes arising from or related to these Terms and Conditions (including but not limited to litigation, non-contentious cases, mediation, and other forms of dispute resolution) shall be subject to the exclusive jurisdiction of the district court having jurisdiction over the location of the Company's head office as the court of first instance.

Article 25 (Resolution through Consultation)
In the event of any matters not stipulated in these Terms and Conditions or any doubts regarding the interpretation of these Terms and Conditions, the Company and the user shall promptly seek resolution through mutual consultation in good faith and in accordance with the principles of sincerity and trust.

Effective Date: July 10, 2023