Article 1 (Application)
- These Terms are intended to define the conditions of use of the service and the rights and obligations between the Company and users regarding the use of the service, and shall apply to all relationships between the Company and users concerning the use of the service.
- Upon completion of the registration procedure and agreement to these Terms, a service usage agreement (hereinafter referred to as the “Usage Agreement”) based on these Terms is deemed to have been concluded between the User and the Company.
- In the event of any discrepancy between these Terms and other explanations or guidelines regarding the services, these Terms shall prevail.
- If a user uses a third-party service linked through this service, the User shall also comply with the terms and conditions set by such third party. The Company shall not be held responsible for any services other than this service.
Article 2 (Definitions)
The terms used in these Terms shall have the meanings defined below:
- Wallet
A service that stores funds that can be used to purchase drinks through the service. - Intellectual Property Right
As defined by the Basic Act on Intellectual Property (Act No. 122 of 2002). - The Servic
The "NOMU Drink Service" provided by the Company. - Drink
Beverages provided via NOMU POD. - Mobile App
The mobile application provided by the Company related to the service. - User
A individual who agrees to these Terms, registers with the Company, and uses the service to place drink orders using the service. - NOMU POD
A vending machine operated by the Company to provide drinks via the service. - NOMU TASO
A smart bottle developed by the Company for holding drinks.
Article 3 (The Service)
The Service allows Users to use the Mobile App to customize drinks according to their preferences, place an order, and receive the ordered drink at a NOMU POD installed by the Company using the NOMU TASO.
Article 4 (User Registration, etc.)
- User registration is required to use the Service. Persons who wish to use the Service shall follow the procedures prescribed by the Company for registration.
- The Company may refuse registration of any person who has violated these Terms in the past or who the Company deems inappropriate for registration. Users agree in advance that the Company may not approve their registration. The Company is not obligated to disclose the reason for non-approval.
- If there are changes to the information provided during registration, the User must promptly update their registration. The Company is not liable for any damages incurred by the user due to failure to update information unless caused by the Company’s willful misconduct or gross negligence. The User will bear full responsibility for any resulting damages to the Company or third parties.
- A User may cancel their registration and terminate the use of the Service by notifying the Company through the designated method.
Article 5 (Personal Information)
The Company will use personal information registered by Users in accordance with its privacy policy for purposes related to the use of the Service.
Article 6 (Management of ID and Password)
- To use the Service, Users must set up a User ID and password. These credentials must be properly managed and stored under the User’s own responsibility. Users must not allow third parties to use, lend, transfer, assign, change ownership of, or sell their ID or password.
- The Company shall not be liable for any damages incurred due to inadequate management, misuse, or unauthorized use of IDs and passwords by third parties unless such damage is caused by the Company’s willful misconduct or gross negligence. Users are fully responsible for any resulting damages to the Company or third parties.
Article 7 (User Environment and Costs)
- Users shall, at their own expense and responsibility, prepare the necessary environment—such as smartphones, internet connections, and necessary security measures—to use the service.
- The service may not be available due to factors such as inability to connect to the internet or poor signal reception.
Article 8 (Use and Rental of NOMU TASO)
- To purchase drinks through the service, the NOMU TASO is required. It consists of a stainless cup ("Cup") and a container ("Case") that holds the Cup.
- Users may purchase the Case by paying the fee specified by the Company.
- When purchasing a drink through the Service, users rent a cup from the Company at a NOMU POD free of charge. However, if a user chooses to purchase a drink through the Service without using the Case, the user must pay a designated deposit to the Company to rent a cup. The deposit will be refunded to the user when the cup is returned to the Company at a NOMU POD. Please note that no interest will be accrued on the deposit.
- Ownership of the rented Cup remains with the Company. Users must return the Cup when they buy another drink or stop using the service.
- Users must use and store the rented Cup with due care as a prudent manager.
- In the event that a cup rented by the user from the Company becomes unusable due to reasons attributable to the user, including but not limited to breakage, damage, contamination, or loss, the user shall be required to pay the replacement cost for the cup as determined by the Company.
- If the user fails to return the rented cup to the Company within the designated return period (within 31 days including the date of rental), the cup shall be deemed purchased by the user, and the user shall be obligated to pay the replacement cost as set by the Company. In such case, the Company may deduct the applicable amount from the deposit previously paid by the user.
- The right to claim the return of the deposit may not be transferred or pledged to any third party.
Article 9 (Purchase Agreement)
- If a user wishes to purchase a drink, the user shall apply for the purchase of the drink using the method specified by the Company. When a confirmation of acceptance of the application is displayed on the mobile app or the NOMU POD app, a purchase agreement (hereinafter referred to as the "Purchase Agreement") between the user and the Company shall be deemed concluded. Even if, due to malfunctions in the mobile app or NOMU POD app or for any other reason, the confirmation of acceptance is not displayed to the user, the Purchase Agreement shall still be deemed concluded at the time when such confirmation should have been displayed.
- Orders may not be accepted if drinks are sold out, if the order is placed outside business hours, or if other issues prevent the Company from accepting the order.
- Users under the age of majority must obtain parental or legal guardian consent. If a minor places an order by pretending to have legal capacity, the purchase cannot be canceled.
- The Company may cancel the Purchase Agreement and notify the User promptly if the drink cannot be prepared due to stockouts or machine failure.
Article 10 (Receiving the Drink)
- When purchasing a drink via the mobile app, the drink can be picked up at the designated NOMU POD specified in the Purchase Agreement, within one hour from the time of order. If the drink is not picked up within one hour, the Purchase Agreement for that drink will be automatically canceled. Any amount already paid will be refunded to the user's wallet.
- Ownership of the drink transfers from the Company to the user once the drink is received from the NOMU POD.
- After the purchase agreement is concluded, the user may not withdraw, cancel, or otherwise terminate the agreement for personal reasons.
Article 11 (Exchange or Return of Drinks)
Users may not return the drink for a refund or request an exchange, except in cases of defects, incorrect items, or other circumstances recognized by the Company, provided that the user has not used, consumed, or discarded any part of the drink and contacts the Company via phone or email within 24 hours of ordering the drink as specified in the Purchase Agreement.
Article 12 (Wallet Top-Up Method)
- Users can top up their Wallet through the mobile app.
- Funds in the Wallet can be used to purchase drinks.
- Funds deposited into the wallet can be used only within 180 days from the date of deposit. Please note that any unused balance after 180 days will expire and can no longer be used.
- Funds once deposited into the Wallet are non-refundable.
- Wallet top-ups must follow the terms and conditions of the payment service provider. The Company is not responsible for any disputes arising between the user and the payment service provider.
Article 13 (Payment Method)
- Users are obligated to pay the specified price (including consumption tax) for drinks purchased through the service.
- Payment must be made using funds from the Wallet.
Article 14 (Prohibited Acts)
Users must not engage in any of the following acts, or any act deemed by the Company to fall under these categories:
- Violating laws or engaging in criminal acts (intentional or not)
- Sending information that contains computer viruses or harmful programs
- Placing an excessive load on the Service’s network or system
- Interfering with the operation of the Service
- Unauthorized access or access attempts to the Company’s systems
- Exploiting bugs intentionally
- Altering, deleting, amending, adapting, modifying, creating derivative works of, decompiling, disassembling, reverse engineering, or any other act that may impede the provision of the Service
- Conducting the following activities related to NOMU POD:
(1) Recording or photographing the inside of NOMU PODs, or acts involving these
(2) Taking photos/videos of NOMU PODs for business/commercial purposes, whether inside or outside NOMU POD
(3) Using such media information obtained through acts (1) and (2) for commercial purposes - Using a third party's ID/password when using the Service, or other acts of impersonating a third party
- Purchasing drinks for commercial purposes such as resale or profit
- Directly or indirectly causing or facilitating any of the acts listed above
- Any other acts deemed inappropriate by the Company
Article 15 (Disclaimer of Warranty and Limitation of Liability)
- The Company does not guarantee that the Service will be free from defects, errors, or malfunctions, nor that it will be provided without interruption. Furthermore, the Company makes no warranties that the Service is suitable for a particular purpose or that it possesses the expected functionality, value, accuracy, or usefulness.
- While the Company may implement improvements and enhancements to the Service from time to time for the purpose of service enhancement, it shall have no obligation to make improvements or fixes based on specific requests from users.
- The Company shall not be liable for any damages incurred by users in connection with the interruption, suspension, termination, unavailability, or modification of the Service, deletion of user accounts, loss of registered data, or any malfunction or damage to devices caused by the use of the Service, or any other issues related to the Service.
- In the event that damage is caused to a user due to the Company’s breach of obligation or tortious act arising from negligence (excluding gross negligence), the Company shall only be liable for compensation up to the amount of the drink fee received from the user in the month in which the damage occurred.
- The Company shall not be liable for any damages caused to users as a result of third-party actions, such as unauthorized access to the Service or computer virus intrusion.
- The Company endeavors to ensure that product information, including drink descriptions, ingredients, and storage methods, is accurate and up to date. However, while the Company takes reasonable steps to ensure the reliability of the information provided, it does not guarantee its complete accuracy.
Article 16 (Changes or Termination of Service)
- The Company may change or add to the service without prior notice.
- The Company may suspend or terminate the Service, with prior notice through a method it deems appropriate. In emergencies, this may be done without notice. The Company bears no responsibility for damages in such cases.
- In unavoidable cases such as maintenance, system overload, payment system failures, force majeure or legal restrictions, the Company may suspend all or part of the service without prior notice. If the purchase agreement is already concluded and the drink cannot be provided due to suspension, the Company will refund the payment by a method it determines.
Article 17 (Suspension of Use)
- The Company may immediately suspend a user’s access or cancel a purchase agreement without prior notice if:
(1) The user violates or may violate these Terms
(2) The user is found to have ties to antisocial forces
(3) The user has committed or is found to have committed any prohibited acts
(4) The Company finds the user's conduct to be disruptive. The User interferes with the Service or has previously done so.
(5) Due to natural disasters or force majeure, it becomes impossible or extremely difficult to fulfill the contract.
(6) There is a failure in the payment system
(7) Other similar situations occur - The Company shall not be liable for any damages caused by actions taken under this article.
Article 18 (Termination of Use Agreement)
- The Company may terminate the Usage Agreement by notifying the User in advance in any of the following cases:
(1) If the User falls under any of the reasons specified in items 1 through 4 or item 7 of the preceding Article, and the Company determines that such circumstances may cause damage to the Company or a third party.
(2) The Company decides to discontinue the Service
(3) The Company deems it inappropriate or impossible to continue providing the Service to the User - Notwithstanding the above, if the User’s behavior significantly interferes with the Company’s operations, the Company may terminate the agreement without prior notice.
- Upon termination under this Article, the User shall lose access to any coupons or benefits previously obtained.
- Except in cases of willful misconduct or gross negligence, the Company shall not be liable for any damages arising from the termination of the Usage Agreement
Article 19 (Withdrawal from the service)
- Users may cancel their registration and withdraw from the Service at any time by following the procedure designated by the Company. The Usage Agreement will be considered terminated upon completion of this procedure.
- Upon withdrawal, the Company may delete the User’s registration and other data.
- If the User wishes to use the Service again, they must re-register. Previously saved data will not be restored upon re-registration.
Article 20 (User Responsibility)
If a User violates any law or these Terms while using the Service, and the Company suffers any direct or indirect damages or incurs costs (including reasonable legal fees), the User must immediately compensate or reimburse the Company as requested.
Article 21 (Non-Transfer of Rights and Obligations)
- Users may not transfer, assign, pledge, or otherwise dispose of their contractual position or rights and obligations under these Terms to any third party without the prior written consent of the Company.
- In the event the Company undergoes a business transfer, merger, corporate split, or reorganization, the User is deemed to have agreed in advance to the transfer of the Usage Agreement and related legal status to the successor entity.
Article 22 (Intellectual Property Rights)
- All intellectual property rights related to images, videos, text, characters, programs, and all other content within the Service (hereinafter referred to as "Content") belong to the Company or the party that has granted usage rights to the Company (hereinafter referred to as the "Rights Holder"). Except as permitted by applicable laws and regulations, users may not reproduce, transmit, or otherwise use the Content without prior written permission from the Company or the Rights Holder.
- Names of drinks, services, or other items displayed within the Service may be trademarks or licensed names held by the Company or third parties. These Terms do not grant any license or transfer of intellectual property rights to Users or third parties.
Article 23 (Exclusion of Antisocial Forces)
- Users must affirm that they are not and will not be affiliated with antisocial forces (e.g., criminal organizations, extremist groups) and shall not be involved with such groups now or in the future.
- Users warrant to the Company that they will not, either by themselves or through a third party, engage in any of the following acts:
(1) Make threats or engage in violent acts
(2) Make unreasonable demands exceeding legal responsibility
(3) Spreading false information or use deception to damage the Company’s reputation
(4) Interfere with the Company’s operation
(5) Engage in any similar acts as determined by the Company - If the Company determines that a User falls under any of the preceding two paragraphs, the Company may, without prior notice, suspend or cancel the use of the Service and any other services provided by the Company, or take any other measures it deems appropriate.
- The Company shall not be obligated or liable for any damages incurred by the User as a result of measures taken pursuant to this Article.
Article 24 (Severability)
If any provision of these Terms is found to be invalid or unenforceable under the Consumer Contract Act or other applicable laws, the remaining provisions shall remain fully effective.
Article 25 (Notices and Communication)
Inquiries or communications from Users regarding the Service, and notifications from the Company regarding changes to the Terms, shall be made by methods designated by the Company.
Article 26 (Amendments to Terms)
- The Company may change these Terms without obtaining the User’s consent if deemed necessary for the operation of the Service.
- In such cases, the Company will notify Users of the changes and effective date via its website or another method it deems appropriate.
- Continued use of the Service after changes are made will be deemed as acceptance of the revised Terms.
Article 27 (Governing Law and Jurisdiction)
- These Terms, the Usage Agreement, and the Purchase Agreement shall be governed by Japanese law.
- Any disputes arising from or related to these Terms shall fall under the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
- In the event of any discrepancy between the Japanese and English versions of this agreement, the Japanese version shall prevail.