Terms and Conditions of Use for Games


With U Co., Ltd. (the “Company”), develops, publishes and otherwise provides games and related services that can be used alone, with friends or through a social network, via the Internet and by way of stationary and mobile devices


These Terms & Conditions of Use (“TCU”) set forth the legal relationship between you and the Company in connection with your use of the Company’s game application (the “Services”), whether through stationary or mobile devices, through the Company’s website or through a third-party website, such as Facebook (any such third-party website being a “Platform”), in which the Company’s game application runs, whether through an iOS or Android application that the Company provides (the “App”) through an application download service such as App Store, Google Play or the like (each being an “Application Store”) . By accessing the Services or downloading the App, you agree to be bound by the TCU and the Company’s Privacy Policy (the “Privacy Policy”) found at http://www.gwithu.com/legal/privacy.html and the Cookie Policy found at http://www.gwithu.com/legal/cookie.html, which are fully incorporated herein by reference. Please read the TCU before further using the Services or downloading the App.


No Right To Cancel: you hereby acknowledge and confirm that by downloading the App and/or using the Services you will lose any rights that you may have under applicable laws to cancel the contract that has been formed between you and the Company (which if you are based in the European Union will mean you lose your rights to cancel under the Consumer Rights Directive (2011/83/EU)). If you do not agree to be bound by the TCU then you must cease using the Services immediately and, if you are in the process of downloading the App, then you must stop the downloading process now [(by clicking on the Cancel button below)]. If you have completed the download of the App, you must uninstall or delete the App.


The TCU may be revised or amended from time to time. If the Company does so, you will be notified either by posting the modified TCU through the Services or through other communications. It is important that you review the TCU whenever they are modified. If you continue to use the Services after the modified TCU has been posted, you are indicating to the Company that you agree to be bound by the modified TCU. If you don’t agree to be bound by the modified TCU, then you may not use the Services anymore. Because the Services are evolving over time the Company may change or discontinue all or any part of the Services, at any time and without notice, at the Company’s sole discretion.

1. Protections and Limitations.

The Services are owned and operated by the Company. Unless otherwise stated, the content available on and through the Services, including, but not limited to, games, trademarks, designs, logos, text, images, audio and video materials, is the intellectual property of the Company and its licensors (the “Intellectual Property Materials”). The Intellectual Property Materials are protected under the laws of countries throughout the world and under international treaties. All rights with respect to the Intellectual Property Materials remain the exclusive property of the Company and its licensors. Purchases that allow you to use certain of the Services will grant you the right to use those Services but will not transfer or grant to you any ownership or other rights related to the Intellectual Property Materials.

2. Users’ Conduct and the Services.

You agree to not engage in, and you further agree to not encourage others to engage in, any of the following in connection with the Services:

  • access the Services if you are under the age of 13 and any minors aged 13 or above may only use the Services with the consent of their parent or guardian. The Company advises parents who permit their children to use the Services to communicate with their children about their safety online and make them aware of the potential risks of using interactive online services such as the Services;
  • undertake or engage in any fraudulent or other unlawful activity;
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights, safety or dignity of others;
  • harvest or collect information about users of the Services;
  • impersonate any person or entity, including without limitation any representative of the Company;
  • falsely state or otherwise misrepresent an affiliation with any person or entity;
  • state or imply that the Company endorses you or any statement you make;
  • interfere with the operation of the Services, or the servers or networks used to make the Services available;
  • restrict or inhibit any other person from using the Services;
  • use the Services to advertise or offer to sell or buy any goods or services for any business purpose;
  • reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the Services;
  • modify, adapt, translate, reverse engineer, hack, decompile or disassemble any portion of the Services;
  • remove any copyright, trademark or other proprietary rights notice;
  • frame or mirror any part of the Services;
  • create a database consisting of Services content;
  • activities that abuse the Service, deliberately use defects of the Service or interfere with the Company's operation of the Service or users' use of the Service, by using auto-run program, BOTs, cheat tools, or other technical measures; use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, scrape, data mine or in any way gather content available through the Services or circumvent the navigational structure or presentation of the Services;
  • violate the rules, policies or guidelines of any Platform, of any third-party websites through which you gain access to the Services, or of any Application Store;
  • post, transmit, or otherwise make available through or in connection with the Services:
  • information or materials that are or may be, or the posting, transmission or use of which is or may be, threatening, harassing, degrading, hateful, intimidating, defamatory, libelous, fraudulent, tortious, obscene, indecent, pornographic or otherwise objectionable, or protected by copyright, trademark, trade secret law or other proprietary rights;
  • any virus, worm, “Trojan horse,” “Easter egg,” “time bomb,” spyware, or other computer code, file, or program;
  • any unauthorized advertisements, promotional material or investment opportunity, or any other form of solicitation;
  • any personally identifiable information of another individual, without the prior consent of such individual; or
  • any material, non-public information about a company, without the proper authorization to do so.

You acknowledge and agree that you are solely responsible for obtaining and maintaining all telecommunications, broadband, hardware, equipment, and services needed to access and use the Services and for paying all charges related thereto. You further acknowledge that the Company reserves the right to amend, alter or otherwise modify any or all of the Services at its sole discretion without prior notice.


If the Company becomes aware of any information or materials posted, transmitted, or otherwise made available through or in connection with the Services that may be a violation of any law, regulation, or rights of a third party, or a violation of the TCU, the Company has the right, at its sole discretion, to remove or disable access to the respective information or materials. The Company is not liable for such violations or any damages resulting therefrom, nor will the Company provide any refunds in connection with any transactions relating to the use of the Services that result in such violations.


Any content or information you post, transmit or otherwise make available through or in connection with the Services will be considered non-confidential. By making any content or information available through Services you hereby grant to Company a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, distribute, and otherwise exploit such content or information in connection with operating and providing the Services to you and to other users. Furthermore, the Company may disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Company’s website constitutes a violation of their intellectual property rights, or of their right to privacy.


Failure to comply with these rules of conduct may result in termination of your access to the Services.

3. Platforms and Application Stores.

The Services may be provided to you through a Platform such as Facebook or through an App downloaded from an Application Store such as App Store and Google Play. You shall comply with all applicable terms and conditions of such Platform or Application Store.


A Platform or Application Store may include the opinions, statements and other content of third parties. The Company is not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Platform or Application Store are those of such third parties and not of the Company. The Company does not endorse any such opinions, statements or materials. The opinions expressed in the Platform or Application Store reflect solely the opinions of the individuals who submit such opinions and may not reflect the opinions of the Company.


The Company and its respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers neither endorse nor are responsible for any opinion, advice, information, materials or other statements made in the Platform or Application Store (including without limitation errors or omissions in postings or links or images embedded in the Platform or Application Store messages) or results obtained by using any such statements, information or materials by any person or entity other than the Company.


Neither the Company nor its respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers or service providers is liable for any loss or damage caused by your reliance on such statements, information or materials.


If you make a purchase through any Platform or Application Store in connection with the Services, you are deemed to have agreed to comply with the terms of payment of that Platform or Application Store. You further acknowledge that such transaction is strictly between you and the Platform or Application Store, that the Company will not be involved in such transaction, and that no refunds or exchanges will be provided. The Company reserves the right to change the price of any Service at any time at its sole discretion.

4. In-game Currency.

The term “in-game currency” means a voucher or token currency that is used for the purpose of exchange for an item or the content of service provided in the Services (“virtual item”) and that is managed by the Company through electronic records. You may purchase in-game currency at the unit price and by the payment method(s) that are determined separately by the Company from time to time (which methods may include purchases made by exchanging other tokens provided in Platforms or Application stores). You may use the in-game currency only in the Services for the purchase of virtual items. Some in-game currency or virtual items may be purchased via an Application Store. You hereby acknowledge and agree that you have read the terms and conditions of the Application Store and understand that you are bound by the Application Store terms for those purchases.


You may not (i) transfer or assign any in-game currency or virtual item to another account or (ii) assign it to any third parties, provided, however, that if the Services are equipped to a function allowing you to assign in-game currency or virtual item to your friend via the Service, you can assign in-game currency or virtual item only without charge through the function.


The in-game currency is valid for an unlimited period. Notwithstanding the foregoing, if your right to use the Services expires or terminates, the in-game currency and virtual items will become invalid at that time except as required by law.


To the fullest extent permitted by law, the Company will not, for any reason, (i) refund in-game currency once it has been purchased or (ii) return the virtual item that has been exchanged for the in-game currency. In-game currency is not redeemable for any sum of money or monetary value from us unless required by law. In-game currency is effectively a charge which enables you to play the additional relevant features of the game – i.e. virtual items - and it is for you to ensure that you use those features in accordance with the terms of the TCU.


The Company may, at any time, (i) change the unit price at which the in-game currency is sold, (ii) determine whether or not each virtual item is provided in exchange for in-game currency or not, and (iii) change the in-game currency charge, usage fee and method of payment, etc., for each virtual item.


Any rights regarding in-game currency vest in the Company even though the screen of the Services may display the words “purchase”, “distribute”, “lot”, “sell”, “buy”, etc., and the only right granted to you is the right to use in-game currency in the course of the usage of the Services to the extent specified by the Company. You do not “own” any virtual item, and the amounts of any in-game currency or virtual items do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the Services from the Company, including software programs that occasionally manifest themselves as in-game currency and virtual items. Any in-game currency balance shown in your account does not constitute a balance related to actual value or reflect any stored actual value, but instead constitutes a measurement of the extent of your license from the Company.


You will be responsible for any applicable sales or use taxes, duties, or other governmental taxes or fees payable in connection with your purchase of in-game currency or virtual items. If you do not pay such sales or other tax or fees on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such purchases, and the Company reserves the right to collect such taxes or other fees from you at any time.

5. Linking to and from Third-Party Websites.

Except as otherwise expressly stated by the Company on the Services, the Company is not affiliated or associated with operators of any Platform or Application Store or other third-party website that link to or are linked from the Services. The Company expressly disclaims any responsibility for the accuracy, content, or availability of information found on any such third-party websites that link to or are linked from the Services. The Company does not recommend any third-party websites, nor does it endorse any of the products or services made available through any third-party websites. The Company makes no representations or warranties as to the security of any information (including without limitation credit card or other payment card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third-party website or otherwise.


YOU AGREE THAT YOUR USE OF ANY APPLICATION STORES, PLATFORMS OR OTHER THIRD-PARTY WEBSITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES IS STRICTLY AT YOUR OWN RISK.


The Company has the right, at any time and at its sole discretion, to block links to the Services through technological or other means without prior notice.

6. The Company’s Limitations of Liability and Disclaimers.

  • ALL SERVICES, IN-GAME CURRENCY, VIRTUAL ITEMS, INFORMATION AND MATERIALS ARE PROVIDED TO YOU “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE GREATEST EXTENT POSSIBLE UNDER APPLICABLE LAW, THE COMPANY, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS (THE “COMPANY PARTIES”), DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (STATUTORY, IMPLIED OR OTHERWISE) WITH RESPECT TO THE SERVICES, IN-GAME CURRENCY, VIRTUAL ITEMS, INFORMATION AND MATERIALS, INCLUDING REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SERVICES OFFERED.
  • YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT ANY SOFTWARE OR HARDWARE YOU USE WILL FUNCTION CORRECTLY. YOU FURTHER AGREE THAT YOU MUST DETERMINE, AND THAT YOU BEAR, ALL RISKS ASSOCIATED WITH ANY AND ALL USES OF THE SERVICES BY YOU.
  • THE COMPANY PARTIES WILL NOT BE AND ARE NOT LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SERVICES, OR YOUR USE THEREOF, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES, OR FROM ANY INFORMATION OR MATERIALS OBTAINED THROUGH THE SERVICES; OR (C) DAMAGES OF ANY KIND RESULTING FROM ANY EVENTS BEYOND THE CONTROL OF THE COMPANY, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, WAR, HOSTILITIES, CONTAMINATION BY RADIO-ACTIVITY, ACTS OR THREATS OF TERRORISM AND DISCONTINUATION OF OR DISRUPTION IN ELECTRICITY SUPPLY AND SOFTWARE OR HARDWARE FUNCTIONALITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
  • YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM.
  • THE MAXIMUM LIABILITY FOR THE COMPANY, ITS AFFILIATED COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE IS THE TOTAL AMOUNT OF LEGAL CURRENCY PAID BY YOU TO THE COMPANY, IF ANY, TO ACCESS AND USE THE SERVICES OR $100 IF NO SUCH PAYMENTS ARE MADE.
  • YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE COMPANY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF PLATFORMS OR OTHER THIRD PARTY WEBSITES OR APPLICATION STORES, AND THAT THE RISK OF USING THE SERVICES AND SUCH THIRD PARTY WEBSITES REGARDING THE FOREGOING AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

  • The Company does not guarantee that the Services will be secure or that any use of the Services will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Services. If you become aware of any unauthorized third-party alterations to the Services, please contact the Company:

    With U Co., Ltd.

    JR Tower Office Plaza Sapporo, 12 Fl.

    Kita 5-jyo Nishi 2-chome, Chuo-ku, Sapporo

    Hokkaido 060-0005 Japan

    Email: gwy-support@gwithu.com

  • NOTWITHSTANDING THE FOREGOING, THE LIMITATION OF LIABILITIES SET FORTH IN THIS SECTION 6 SHALL NOT BE APPLICABLE FOR ANY DAMAGES CAUSED BY WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF THE COMPANY AND NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT THE COMPANY’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, OR ITS FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

7. Your Indemnification of the Company.

You agree to indemnify, defend and hold the Company fully harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from, related to or in connection with: (a) your use or attempted use of, or activities in connection with, the Services; (b) any violation by you of the TCU or any other applicable terms, conditions or policies through any account you may have with any website; (c) any allegation that any submission or other material that you make available through the Services infringes or otherwise violates the intellectual property, privacy, or other rights of any third party; or (d) your violation of any rights of any Services visitor, user, or customer, or any other third party. This means you will be responsible for any loss or damage the Company suffers as a result of you committing any of the actions detailed in (a) through (d) of this section.


You further agree to reimburse the Company for any damages, losses, costs, judgments, fees, fines and other expenses it incurs (including attorneys’ fees and court costs) as a result of any asserted claim.

8. Termination and Enforcement of the Agreement.

You agree that: (i) the Company, at its sole discretion, may terminate your access to or use of the Services at any time, for any reason, including without limitation if the Company believes that you have violated or acted inconsistently with any portion of the TCU; (ii) any termination of your access to or use of the Services may be made without prior notice and that the Company may immediately deactivate or delete any user name or password used by or provided to you, all related information and files associated therewith, and bar any further access to the information or files; and (iii) the Company is not liable to you or any third party for any termination of your access to the Services or to any such information or files and that the Company is not required to make such information or files available to you after any such termination, provided however that nothing in this section shall in any way exclude or affect your statutory rights and remedies under applicable data protection law, including your right to access your personal data held by us in accordance with such laws – please see our Privacy Policy for more details. The Company reserves the right to take steps that it deems necessary or appropriate to enforce or verify compliance with the TCU. Upon termination, your right to use the Services (including your right to use in-game currency and virtual items) immediately ceases. Sections 1 through 7, 10 (except for the licence granted by the Company therein, which shall cease upon termination),11 and 12 survive the termination or expiration of any TCU.

9. Beta Version.

The Company may provide the Service in a beta version, in which case the Company will display, through the Service, that the Service is provided in a beta version. This TCU applies not only a general commercial release but a beta version of the Service. The beta version may contain bugs, errors or inaccuracies that could cause failures, corruption or loss of data or information to or from the device you use to access the Services and to or from peripherals connected thereto. You expressly acknowledge and agree that all use of the beta version is at your sole risk. If the Service is provided in a beta version, you acknowledge that the Company has no obligation to provide a general commercial release of the Service, and that should such a general commercial release be made available, it may have features or functionality different than that contained in the beta version. All or part of your play data (which means any item, score, character, play record, saved data, message, comment, configuration, and other data occurring in the Service by your use of the beta version of the Service) in a beta version may be deleted by the Company without prior notice upon providing a general commercial release.

10. Use of the App

The provisions of this Section 10 shall apply where you use the Services through an App downloaded from an Application Store.


Subject to your compliance with TCU, the Company grants to you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal, non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in TCU, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; or (iii) reverse engineer, decompile or disassemble the App. The Company reserves all rights in and to the App not expressly granted to you under TCU.


In addition, if you have accessed or downloaded the App from the App Store operated by Apple Inc. or its subsidiaries (collectively “Apple”), then you acknowledge and agree that:

  • You use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the App Store Terms of Service (as may be updated or amended from time to time).
  • TCU are concluded between you and the Company, and not with Apple, and that, as between the Company and Apple, the Company is solely responsible for the App.
  • Apple has no obligation to furnish any maintenance and support services with respect to the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of the Company to the extent required by TCU.
  • Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, the Company will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by TCU.
  • Apple and its subsidiaries are third-party beneficiaries of TCU as related to your license of the App, and that, upon your acceptance of the terms and conditions of TCU, Apple will have the right (and will be deemed to have accepted the right) to enforce TCU as related to your license of the App against you as a third party beneficiary thereof.
  • You must also comply with all applicable third-party terms of service when using the App.
  • You agree to comply with all applicable export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

From time to time updates to the App may be issued through the Application Store from which you downloaded the App. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.


You will be assumed to have obtained permission from the owners of the mobile device or computer that are controlled, but not owned, by you (“Devices”) to use the Device and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of the TCU for the use of the App or any Services on or in relation to any Device, whether or not it is owned by you.

11. Governing Law.

The TCU are governed by the laws of Japan without regard to its conflict of laws principles. You and the Company agree to submit to the exclusive jurisdiction of the Sapporo District Court or Sapporo Summary Court in Hokkaido, Japan and waive any jurisdictional, venue or inconvenient forum objections to such court.

12. Miscellaneous.

If any provision or any part of a provision of the TCU is deemed to be unlawful, void or for any reason unenforceable, then that provision or that part of the provision is deemed severable from the TCU and does not affect the validity and enforceability of any remaining provision. The TCU does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and the Company.


You may not assign, transfer or sublicense any of your rights or obligations under this TCU without the Company’s express prior written consent. Company may freely assign this TCU.


No waiver by any party of any breach or default hereunder is deemed to be a waiver of any preceding or subsequent breach or default.


Any heading, caption or section title herein is as a matter of convenience and in no way defines or explains any section or provision hereof.


The TCU, together with all other materials referred to herein and incorporated by reference, is the entire agreement between you and the Company relating to the subject matter hereof and, except as otherwise provided, supersedes any and all prior or contemporaneous agreements (whether written or oral) or understandings between you and the Company relating to such subject matter.


Notices to you may be made by posting a notice (or a link to a notice) on the Services, by email, or by postal mail, at the Company’s discretion. Without limitation, you agree that a printed version of the TCU and of any notice given in electronic form is admissible in judicial or administrative proceedings based upon or relating to the TCU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


Except as expressly provided under Section 10, a person who is not a party to the TCU shall not have any rights to enforce any term of the TCU.

13. Contacting Us.

If you have any questions or requests regarding the Services or the TCU, please contact the Company:


With U Co., Ltd.

JR Tower Office Plaza Sapporo, 12 Fl.
Kita 5-jyo Nishi 2-chome, Chuo-ku, Sapporo
Hokkaido 060-0005 Japan

Email: gwy-support@gwithu.com


EFFECTIVE AS OF: February 14, 2013

LAST MODIFIED AS OF: October 24, 2014


© With U Co., Ltd.

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