Terms & Conditions

Home/Terms & Conditions

This "Terms of Use (For Purchaser)" (hereinafter referred to as the "Terms") defines the terms and conditions of the Service (defined in Article 2) provided by AirMobility, Inc. (hereinafter referred to as the "Company"), and the rights and obligations between the Company and the Registered Purchaser (defined in Article 2). If you wish to use the Service, you must read and agree to these Terms and Conditions in their entirety.

Article 1 (Application)

1.: This Terms sets forth the terms and conditions of the Service and the relationship of rights and obligations between the Company and the Registered Purchaser with respect to the use of the Service and shall apply to all relationships between the Registered Purchaser and the Company with respect to the use of the Service.

2.: Rules and regulations regarding the use of the Service posted on Our Website (defined in Article 2) shall constitute a part of the Terms.

3.: In the event of any discrepancy between the Terms and the rules, regulations, and other explanations of the Service outside of this Terms, the provisions of this Terms shall take precedence over such discrepancy.

4.: The Japanese version of the Terms shall remain in full force and effect even if translated versions of the Terms are provided for reference purposes.

Article 2 (Definition)

In this Terms, the following terms shall have the meanings set forth below

1.: "External Service" means a service provided by another entity other than the Company and designated by the Company, which is used to implement the Service.

2.: "Outside Entity" means an entity that provides outside services.

3.: "External Terms of Service" means the terms and conditions that set forth the rights and obligations between the Registered Purchaser and the External Entity with respect to External Services.

4.: "Service Usage Contract" means the contract for the use of the Service between the Company and the Registered Purchaser, which is subject to the Terms.

5.: "Products" means the "Products" as defined in Article 6.

6.: "Product Page" means the "Product Page" as defined in Article 6.

7.: "Registered Seller Pages" means the "Registered Seller Pages" as defined in Article 6.

8.: "Registered Purchaser Page" means the "“Registered Purchaser Page" as defined in Article 6.

9.: “Intellectual Property Rights" means copyrights, patents, utility model rights, design rights, trademarks and other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights).

10.: “Posting Content" means any content (including but not limited to text, images, video, and other data) posted or otherwise transmitted by a Registered Purchaser using the Service.

11.: “Our Website" means the website operated by the Company whose domain is "aeromall.jp" (in the event that the domain or content of Our Website is changed for any reason, including the website after such change).

12.: “Registered Purchaser" means an individual or legal entity that has been registered as a Registered Purchaser of the Service in accordance with Article 3.

13.: “Registered Seller" means an individual or corporation that has been registered as a Registered Seller of the Service in accordance with the provisions of the "Terms of Service (For Sellers)" separately stipulated by the Company.

14.: The term "Service" means the service named AeroMall (in the event that the name or content of the Service is changed for any reason, including the service after such change) provided by the Company.

Article 3 (Registration)

1.: A person who wishes to become a Registered Purchaser on this Service (hereinafter referred to as the "Applicant") may apply for enrollment as a Registered Purchaser of the Service by agreeing to comply with the Terms and providing the Company with certain information specified by the Company ("Registration Matters") in the manner specified by the Company.

2.: Application for enrollment must be made by the individual or entity using the Service itself. In addition, the applicant must provide true and accurate information when applying for enrollment.

3.: In accordance with the Company's criteria, the Company will determine whether or not the Applicant is eligible for enrollment. If the Company approves the enrollment, the Company will notify the Applicant of the Company's decision. The enrollment of the Applicant as a Registered Purchaser shall be deemed to have been completed upon the Company's issuance of the notice in this section.

4.: Upon completion of enrollment as stipulated in the preceding Clause 3, a Service Usage Contract will be established between the Registered Purchaser and the Company, and the Registered Purchaser will be able to use the Service in accordance with the Terms.

5.: The Company reserves the right to refuse enrollment or re-enrollment of an Applicant for any of the following reasons. The Company shall not be obligated to disclose any reason for such refusal.

(1): In the event that any falsehood, error or omission is found in all or part of the registration information provided to the Company

(2): The Applicant is a minor, an adult ward, a person under curatorship or a person under assistance, and has not obtained the consent, etc. of a legal representative, guardian, conservator or assistant.

(3): If the Applicant is antisocial forces, etc. (meaning organized crime groups, members of organized crime groups, right-wing groups, anti-social forces, and other similar persons. The same shall apply hereinafter) or if the Company determines that the Applicant has any relationship with anti-social force by supporting its activity, management and/or existence through monetary contribution or by other mean.

(4): If the Company determines that the Applicant has violated a contract with the Company in the past or is related to such a person

(5): If the applicant has committed bribery in the past

(6): If the applicant has violated the laws and regulations concerning security trade control of the country to which the Applicant belongs, in the export of goods or technical information and technology transfer

(7): Companies and individuals located in countries or regions where exports of Products are prohibited under Japan's security trade control laws and regulations

(8): Other cases in which the Company deems registration is not appropriate

6.: The Applicant represents and warrants to the Company that;

(1): the Applicant is not/will not be an antisocial force.

(2): the Applicant does not/will not use antisocial forces.

(3): the Applicant officers, etc. are not members of antisocial forces, do not have any relationship with antisocial forces, and do not use antisocial forces.

(4): the Applicant does not commit by itself or make third party commit any of the following acts
(i) Violent acts of demand
(ii) Unreasonable demands beyond legal responsibility
(iii) Use of fraudulent or threatening language or actions, or use of violence in connection with transactions
(iv) Acts of damaging the other party's credibility or obstructing the other party's business by spreading rumors, using deceptive means, or using force
(v) Other acts equivalent to (i) through (iv) of this item

(5): the Applicant does not violate the laws and regulations concerning security trade control of the country to which the applicant belongs, in exporting of goods or technical information or technology transfer.

Article 4 (Change of registered matters)

The Registered Purchaser shall notify the Company of any change in the registered information without delay in a manner determined by the Company.

Article 5 (Password and user ID management)

1.: Registered Purchaser shall, at their own responsibility, properly manage and store passwords and user IDs related to the Service and shall not allow any third party to use them, or lend, assign, transfer, change the name of, sell, or otherwise deal in them.

2.: Registered Purchaser shall be responsible for any damages caused by inadequate management of passwords or user IDs, errors in use, or use by third parties, and the Company shall not be liable for any such damages.

3.: If a Registered Purchaser discovers that his/her password or user ID is being used by a third party, the Registered Purchaser shall immediately notify the Company of such fact and follow the Company's instructions.

Article 6 (Contents of this Service, etc.)

1.: The Service enables Registered Purchasers to search, browse, inquire about, and purchase products from Registered Sellers from the Service by allowing a Registered Seller to post information about himself/herself and the products he/she sells on the Service (the products posted as a result of such posting are hereinafter referred to as "Products", the web page on the Service where the Products are posted is hereinafter referred to as the "Product Page" and the web page on the Service where the Registered Seller's information is posted is hereinafter referred to as the "Qualifying Supplier Page").

2.: Similarly, a Registered Purchaser may register on the Service by posting information about himself/herself, the products he/she wishes to purchase, the purpose of use of the products he/she wishes to purchase, and the eVTOL aircraft that will use the products he/she wishes to purchase (the products so posted are referred to as "products he/she wishes to purchase" and the web page on the Service containing the products he/she wishes to purchase and the purpose of use of the products is referred to as "Registered Purchaser's Aircraft Page") in order to promote mutual understanding and facilitate Q&A between Registered Purchaser and Registered Seller and to enable Registered Purchaser place order and purchase product.

3.: Registered Purchaser must register and sign in as a Registered Purchaser to use this Service.

4.: The information on all eligible product pages and eligible supplier pages has been created by the Registered Seller without the Company's intervention, and similarly, the information on all eligible purchaser pages, prospective purchaser pages, and Registered Purchaser's aircraft pages has been created by the Registered Purchaser without the Company's intervention, and the Company is not responsible for its content.

5.: Even if a Registered Purchaser purchases a Qualifying Product on a Qualifying Product page, the Company shall not be a party to any contract related to such purchase, and the Company shall not be liable for the contents of such transaction or the performance thereof.

6.: With respect to the business relationship established through the Service, the Registered Purchaser agrees to continue to conduct business through the Service in the future, unless the Registered Purchaser and/or the respective Registered Seller withdraw from the Service in accordance with Article 13, when conducting transactions with the same Registered Purchaser with respect to products handled through the Service (including not only the product for which the contract was established but also other products).

Article 7 (Fees and payment methods, etc.)

1.: The Registered Purchaser shall pay to the Company the enrollment fee separately determined by the Company plus an amount equivalent to consumption tax thereon by the last day of the month following the month in which the registration as a Registered Purchaser under Article 3 is completed, by way of remittance to a bank account separately designated by the Company.

2.: A Registered Purchaser shall pay to the Company the annual membership fee determined separately by the company, plus an amount equivalent to consumption tax thereon, by the end of the month following the month of completion of registration as a Registered Purchaser under Article 3 for the year of enrolment and by the end of each October for following years, by means of remittance to the company's bank account separately designated by the company. Even if the Service Usage Contract is terminated in the middle of the year, the Company shall not be obligated to prorate the annual membership fee.

3.: If the Registered Purchaser delays payment to the Company as provided in this Article, the Registered Purchaser shall pay to the Company a late payment penalty at a rate separately determined by the Company.

Article 8 (Prohibited items)

1.: Registered Purchaser shall not, in using the Service, engage in any of the following acts, or any act that the Company deems to fall under any of the following items.

(1): Actions that violate laws and regulations or are related to criminal acts

(2): Fraud or threats against the Company, other users of the Service, outside businesses, or other third parties

(3): Acts against public order and morals

(4): Acts that infringe on the intellectual property rights, portrait rights, rights of privacy, honor, or other rights or interests of the Company, other users of the Service, external businesses, or other third parties

(5): Transmitting information to us or other users of the Service through the Service that falls under any of the following, or that the Company deem to fall under any of the following
- Information containing excessively violent or cruel expressions
- Information that contains computer viruses or other harmful computer programs
- Information that includes expressions that may damage the reputation or credibility of the Company, other users of the Service, outside businesses, or other third parties
- Information containing excessively obscene expressions
- Information containing expressions that promote discrimination
- Information that includes expressions that encourage suicide or self-harm
- Information containing expressions that promote the inappropriate use of drugs
- Information containing antisocial expressions
- Information that seeks to spread information to third parties, such as chain mail, etc.
- Information containing expressions that may cause discomfort to others

(6): Actions that place an excessive load on the Service's network or system, etc.

(7): Reverse engineering or other analysis of software or other systems provided by the Company

(8): Acts that may interfere with the operation of this Service

(9): Unauthorized access to the Company's network or systems, etc.

(10): Impersonating a third party

(11): Use of IDs or passwords of other users of the Service

(12): Advertising, publicity, solicitation, or business activities on the Service that are not authorized in advance by the Company

(13): Collection of information about other users of the Service by unauthorized methods or for unauthorized purposes

(14): Acts that cause disadvantage, damage, or discomfort to the Company, other users of the Service, or other third parties

(15): Acts that violate the rules and regulations regarding the use of the Service posted on Our Website

(16): Provision of benefits to antisocial forces, etc.

(17): If the Registered Purchaser violates the laws and regulations concerning security trade control of the Company's country or of the country in which the Registered Purchaser is located, in the export of goods or in the disclosure of technical information and technology transfer

(18): Acts that directly or indirectly cause or facilitate any of the aforementioned acts

(19): Attempting any of the preceding acts

(20): Other actions that the Company deems inappropriate

2.: If the Company deems that a Registered Purchaser's conduct falls under any of the items of the preceding Clause, the Company may, without prior notice to the Registered Purchaser, delete all or part of the information related to such conduct, suspend transmission, or take any other action that the Company deems necessary. The Company shall not be liable for any damages incurred by the Registered Purchaser as a result of actions taken in accordance with this Clause.

Article 9 (Suspension of the Service, etc.)

1.: The Company may suspend or discontinue all or part of the Service without prior notice to the Registered Purchaser in any of the following cases.

(1): In case of urgent inspection or maintenance of computer systems related to this Service

(2): In the event that this Service cannot be operated due to computer or communication line failures, mishandling, excessive concentration of access, unauthorized access, hacking, etc.

(3): In the event that this Service cannot be operated due to force majeure such as earthquake, lightning, fire, windstorm, flood, power outage, natural disaster, etc.

(4): Any other cases in which the Company deem it necessary to suspend or discontinue the Service.

2.: The Company shall not be liable for any damages incurred by the Registered Purchaser as a result of actions taken pursuant to this Article.

Article 10 (Equipment burden, etc.)

1.: Registered Purchaser shall prepare and maintain, at their own expense and responsibility, the computers, smartphones and other devices, software, communication lines and other communication environment necessary for the use of the Service by Registered Purchaser. In addition, the Registered Purchaser shall, at its own expense and responsibility, take security measures to prevent computer virus infection, unauthorized access, information leaks, and other problems in accordance with its own usage environment.

2.: When a Registered Purchaser installs software, etc. on a computer, smartphone, or other device, etc. for use of this Service, the Registered Purchaser shall be careful to avoid trouble such as malfunctions, unexpected disappearance of data, or modification of the said device, etc. The Company shall not be liable for any trouble that may occur as a result of such installation. The Company shall not be liable for any trouble that may arise as a result of such installation.

3.: Even if the Company store information sent or received by a Registered Purchaser on the Service, the Company shall not be obligated to store such information. In addition, the Company may delete such information at any time, and the Company shall not be liable for any loss or damage incurred by the Registered Purchaser as a result of such deletion.

Article 11 (Rights Attribution)

1.: All intellectual property rights in connection with Our Website and the Service belong to the Company or the party that has licensed them to the Company, and permission to use the Service under these Terms of Use does not mean permission to use the intellectual property rights of the Company or the party that has licensed them to the Company in connection with Our Website or the Service. The license to use the Service under these Terms of Use does not mean a license to use the intellectual property rights of the Company or the licensor of Our Website or the Service.

2.: The Registered Purchaser agrees not to exercise moral rights of authorship against the Company or any person who has succeeded to or licensed the rights from the Company.

3.: The posting of information on Registered Seller or products obtained by logging in to another medium, or any other reuse of information posted on the Service, is prohibited.

Article 12 (Cancellation of registration, etc.)

1.: In the event that a Registered Purchaser falls under any of the following items, the Company may, without prior notice or demand, temporarily suspend the use of the Service or terminate the registration of such Registered Purchaser as a Registered Purchaser.

(1): Violation of any of the provisions of these Terms and Conditions

(2): When it is found that there is a false fact in the registration information

(3): If the Bank ceases to make payments or becomes insolvent, or a petition is filed for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or other similar proceedings

(4): If a bill or check drawn or accepted by the Bank itself is dishonored, or if the Bank is subject to suspension of transactions by a clearing house or any other similar action.

(5): In the event of a petition for seizure, provisional seizure, provisional disposition, compulsory execution or auction

(6): Taxes and public dues in arrears

(7): If you have not responded to the Company's inquiries or other communications requesting a response for more than 30 days

(8): In case of death

(9): If the Registered Purchaser violates the laws and regulations concerning security trade control of the Company's country or of the country in which the Registered Purchaser is located, in the export of goods or in the disclosure of technical information and technology transfer

(10): When any of the items of Article 3, Clause 5 applies.

(11): In any other case in which the Company deem it inappropriate for the Registered Purchaser to use the Service or to continue the Registered Purchaser's registration as a Registered Purchaser.

2.: In the event of any of the events listed in the preceding clause, the Registered Purchaser shall naturally lose the benefit of time with respect to all debts owed to the Company and shall immediately make payment of all debts owed to the Company.

3.: The Company shall not be liable for any damages incurred by Registered Purchaser as a result of actions taken in accordance with this Article.

Article 13 (Withdrawal from membership)

1.: Registered Purchaser may withdraw from the Service and terminate their registration as a Registered Purchaser upon completion of the procedures prescribed by the Company.

2.: Upon withdrawal from the membership, if there are any debts owed to the Company, the Registered Purchaser will naturally lose the benefit of time with respect to all debts owed to the Company and must immediately pay all such debts to the Company.

3.: The handling of personal information of Registered Purchaser after withdrawal from membership shall be in accordance with the provisions of Article 18.

Article 14 (Change or termination of the Service)

1.: The Company may change the contents of the Service or terminate the provision of the Service at the Company's convenience.

2.: If the Company terminates provision of the Service, the Company shall notify the Registered Purchaser in advance.

3.: The Company shall not be liable for any damages incurred by Registered Purchasers as a result of actions taken in accordance with this Article.

Article 15 (Disclaimer and disclaimer of warranties)

1.: The Service is provided on an "AS IS" basis and the Company make no warranty, express or implied, that the Registered Seller's information is accurate, that the Service is suitable for the Registered Purchaser's particular purpose, that it has the expected functions, commercial value, accuracy, or usefulness that it can be used continuously, or that it will be error-free. The Company makes no warranty, express or implied, that the Service is fit for a particular purpose of the Registered Purchaser, has the expected functionality, commercial value, accuracy, or usefulness, will be continuously available, or will be free from defects.

2.: Even if Our Website contains links to other websites, or even if other websites contain links to Our Website, the Company assume no responsibility for the content of such other websites.

3.: Even if the Service is linked with an External Service, the Company do not guarantee any such linkage, and the Company shall not be liable for any problems that may arise from the linkage with the External Service.

4.: Registered Purchaser and Registered Sellers shall confirm at their own expense and responsibility that the use of the Service by Registered Purchasers or Registered Sellers conforms to the laws and regulations applicable to Registered Purchasers or Registered Sellers, or the internal rules of industry associations. The Company shall not be liable for any failure of use of the Service by a Registered Purchaser or Registered Seller to conform to the laws and regulations applicable to Registered Purchasers or Registered Sellers, or the internal rules of any industry organization.

5.: Any transactions, communications, disputes, etc. arising between a Registered Purchaser and another Registered Purchaser, a Registered Seller, an outside business, or a third party in connection with the Service or Our Website shall be settled by the Registered Purchaser at his/her own expense and responsibility, and the Company shall not be liable for any such matters.

6.: Even in the event that the Company are liable for damages to a Registered Purchaser, the Company’s liability shall be limited to direct and ordinary damages, and shall not include incidental, indirect, special, future, or lost profit damages, and shall not exceed the total amount paid by the Registered Purchaser to the Company during the past 12 months from the time the cause of such damages arose. The maximum amount of damages shall be the total amount paid by the Registered Purchaser to the Company (or ¥1,000 if the amount is ¥0) during the past 12 months from the time the event of such damages occurred.

Article 16 (Liability of Registered Purchaser)

1.: If the Registered Purchaser violates these Terms and Conditions and causes damage to the Company, the Registered Purchaser shall compensate the Company for such damage.

2.: Any transactions, communications, disputes, etc. arising between a Registered Purchaser and another Registered Purchaser, a Registered Seller, an outside business, or a third party in connection with this Service or Our Website shall be resolved by the Registered Purchaser at his/her own expense and responsibility, and if the Company incur damages in connection with such disputes, etc., the Registered Purchaser shall indemnify the Company for such damages. In the event that the Company suffers damages as a result of such disputes, etc., the Registered Purchaser shall compensate the Company for such damages.

Article 17 (Confidentiality)

1.: "Confidential Information" as used in the Terms shall mean information of the Company and information of Registered Sellers obtained by Registered Purchaser through the Service and the information of Registered Purchaser obtained by the Company that is not yet publicly available.

2.: Registered Purchaser and the Company shall not use Confidential Information for any purpose other than the use of the Service, and shall not disclose, provide, or divulge Confidential Information to any third party without the written consent of the Confidential Information Holder.

3.: A Registered Purchaser shall not use the confidential information of a Registered Seller obtained in the process of concluding a contract with the Registered Seller using this Service for any purpose other than the use of this Service without the written consent of the Registered Seller, and shall not disclose, provide, or divulge such information to any third party.

4.: Upon termination of the Service Usage Agreement, or at the Company's request, Registered Purchaser shall, in accordance with the Company's instructions, return or dispose of the Confidential Information (including documents and other recording media containing the Confidential Information and any copies thereof) without delay.

Article 18 (Handling of personal information)

1.: Personal information (meaning "personal information" as defined in the Act on the Protection of Personal Information) of Registered Purchaser by the Company. The same shall apply hereinafter). The Registered Purchaser agrees to the Company's handling of the Registered Purchaser's personal information in accordance with this Privacy Policy.

2.: The Company may, at its discretion, use and disclose information, data, etc. provided to the Company by Registered Purchaser as statistical information in a form that does not identify individuals, and Registered Purchaser shall not object to such use and disclosure.

Article 19 (Effective period, etc.)

1.: The Service Usage Contract shall become effective on the date of completion of registration as a Registered Purchaser in accordance with Article 3 and shall remain in effect until the earlier of the date such registration is cancelled, or the provision of the Service is terminated.

2.: Upon termination of the Service Usage Contract, the Registered Purchaser shall return, dispose of, or otherwise dispose of the software, manuals, and other materials related to the Service provided by the Company in accordance with the Company's instructions.

Article 20 (Survival provision)

Notwithstanding the provisions of Clause 1 of the preceding article, the provisions of Article 5 Clause 2, Article 6 Clauses 4 and 5, Article 8 Clause 2, Article 9 Clause 2, Article 10, Article 11, Article 12 Clause 2 and 3, Article 13 Clause 2 and 3, Article 14 Clause 3, Articles 15 through 18, Article 19 Clause 2, this article, and Articles 23 through 25 The provisions of Article 23 through Article 25 shall remain in effect even after termination of the Service Usage Contract. However, Article 17 shall remain in effect only for 3 years after termination of the Service Usage Contract.

Article 21 (Modification of these Terms and Conditions, etc.)

The Company may change these Terms and Conditions as deemed necessary by the Company. In the event of modification of the Terms of Use, the Company shall notify the Registered Purchasers of the effective date and contents of the modified Terms by posting on Our Website or by other appropriate means. However, in the case of changes that require the consent of the Registered Purchaser under the law, the Company shall obtain the consent of the Registered Purchaser in the manner prescribed by the Company.

Article 22 (Contact/notification)

1.: Inquiries and other communications or notices from the Registered Purchaser to the Company concerning the Service, as well as notices concerning changes to these Terms and Conditions and other communications or notices from the Company to the Registered Purchaser, shall be made in the manner prescribed by the Company.

2.: If the Company contact or notify the e-mail address or other contact information included in the registration, the Registered Purchaser will be deemed to have received such contact or notification.

Article 23 (Assignment, etc. of Status under Service Usage Contract)

1.: Registered Purchaser may not assign, transfer, pledge as collateral, or otherwise dispose of their status under the Subscriber Agreement or their rights or obligations under these Terms and Conditions to any third party without the prior written consent of the Company.

2.: In the event that the Company transfer the business of this Service to another company, the Company may transfer the position in the usage contract, the rights and obligations under the Terms, and the registered items and other customer information of the Registered Purchaser to the transferee of such business transfer, and the Registered Purchaser shall agree to such transfer in advance in this Clause. The Registered Purchaser shall be deemed to have consented in advance to such transfer in this Clause. The business transfer stipulated in this Clause shall include not only ordinary business transfers, but also corporate divestitures and any other cases in which a business is transferred.

Article 24 (Severability)

If any provision of these Terms and Conditions or any part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws or regulations, the remaining provisions of these Terms and Conditions and the remaining portions of any provision determined to be invalid or unenforceable in part shall remain in full force and effect.

Article 25 (Governing law and court of competent jurisdiction)

1.: These Terms and Conditions and the Service Usage Contract shall be governed by and construed in accordance with the laws of Japan.

2.: The Tokyo District Court shall have exclusive jurisdiction in the first instance over any and all disputes arising out of or in connection with the Terms or the Service Usage Contract.

Enrollment Fee and Annual Fee to participate in AeroMall as a Purchaser

1.: Enrollment Fee

Amount	US$1,000.00
Due Date	By the last day of the month following the month in which the registration as a Registered Seller under Article 3 is completed

2.: Annual Fee

(1): For the first year (from the month of enrollment to next September)

Amount

From January
From February
From March
From April
From May
From June
From July
From August
From September
From October
From November
From December

US$900.00
US$800.00
US$700.00
US$600.00
US$500.00
US$400.00
US$300.00
US$200.00
US$100.00
US$1,200.00
US$1,100.00
US$1,000.00

Due Date

By the last day of the month following the month in which the egistration as a Registered Seller under Article 3 is completed

(2): Following Years (from October to next September)

Amount	US$1,200.00
Due Date	By the end of every October

Issued on February 20, 2023.