Terms of Use for Telework Station ACCEA Café and BizSPOT Affiliate Facilities

Article 1 (Purpose)

This agreement aims to define the rights and obligations applicable between ACCEA Drop-in Users and BizSPOT App Members (collectively referred to as "Users") who utilize the Spot to conduct high-quality work and to respect each other's styles, occasionally fostering community creation, generating new business opportunities through connections within the region or among members, and promoting collaboration among members. It sets forth the matters that Users must comply with and establishes the rights and obligations between Users and the Company when using the Facility.

Article 2 (Usage Methods, Membership Types)

1. 1. There are the following types of usage methods:
   1. ① Drop-in usage
   2. ② BizSPOT app member usage
2. 2. Those who wish to use the spot shall, in accordance with the usage type specified in the preceding paragraph, agree to these terms and conditions and follow the prescribed procedures.
3. 3. Individuals using the affiliated facility and its amenities shall also agree to the terms and conditions set by the BizSPOT registered affiliated store (hereinafter referred to as the "affiliate store") in addition to this agreement. When using the affiliated facility and its associated amenities, the terms and conditions of the affiliate store that apply to the respective facility and amenities shall take precedence over this agreement.
4. 4. Individuals wishing to use the BizSPOT app as members shall confirm the contents of the separate BizSPOT App Membership Agreement (https://spot.accea.co.jp/terms.php), in addition to this agreement, and shall apply for membership after consenting to both without objection.
5. 5. Users shall comply with this agreement. The company reserves the right to change the content of services provided to users at any time, for any reason.
6. 6. Users shall not loan, transfer, or pledge their status as users or any rights and obligations arising from it, in whole or in part, to any third party.
7. 7. We reserve the right to refuse the use of spots and BizSPOT app membership to individuals who fall under the following criteria. Please note that we are not obligated to provide a reason for the refusal.
   1. ① Individuals who fall under the criteria of anti-social forces as defined in Article 11, Paragraph 1, or those who have engaged in anti-social activities.
   2. ② Individuals who engage in criminal activities or acts that violate public order or morals.
   3. ③ Individuals who engage in malicious solicitation activities such as missionary work, religious activities, political activities, illegal sales, aggressive solicitation, or prolonged solicitation.
   4. ④ Individuals or businesses engaged in network marketing, pyramid schemes, multi-level marketing, or similar activities as determined by the company.
   5. ⑤ In cases where an individual engages in actions that violate this agreement or other nuisance behavior and fails to rectify the situation despite warnings from the company.
   6. ⑥ Individuals whom the company determines to be inconsistent with the purpose stated in Article 1.
   7. ⑦ Individuals who are unable to comply with the "Notes for Using Telework Station ACCEA Café" posted in this facility (including the contents stated in similar notices).
   8. ⑧ Other individuals whom our company deems unsuitable for using the spot.

Article 3 (Scope of Use and Usage Methods)

1. 1. Users may use the fitness gym, training machines (such as treadmills, bikes, dumbbells, etc.), and other facilities (hereinafter referred to as the "Fitness Gym, etc.") within the premises, in accordance with these Terms and any other rules separately established by the Company.
   However, individuals who have been prohibited or restricted from exercising by a doctor, those in poor physical condition (including but not limited to those under the influence of alcohol, taking medication, pregnant, or possibly pregnant), are not allowed to use the facilities.
   Users of the Fitness Gym, etc., must carefully assess their physical condition and circumstances, and use the facilities at their own discretion and responsibility, ensuring that no injuries or accidents occur to themselves or other users.
   If you experience any physical abnormalities while using the facilities, immediately stop using them.
   Furthermore, the Fitness Gym, etc., must be used in accordance with the proper usage methods, and any use that deviates from these methods is prohibited.
2. 2. The operating hours of the Spot generally follow the operating hours of the accompanying stores. For details, please refer to our company website (https://cafe.accea.co.jp/) or directly contact the store you wish to use. However, please check the operating hours of the affiliate store facilities from the Spot list in the BizSPOT app.
3. 3. Users are allowed to utilize the Spot within the operating hours of the respective store they visit. Users acknowledge and agree that our company and affiliate stores reserve the right to modify the closed days mentioned in section 2 and the operating hours mentioned in the preceding section. Please note that the last admission time is set as 30 minutes prior to the closing time, and entry beyond that time will not be permitted.
4. 4. Users understand that the Spot is a facility operated by leasing or ownership of a part of the building from the building owner (hereinafter referred to as the "Building Owner") and that it is located within the said building (hereinafter referred to as the "Building"). When using the shared areas of the Building and the facilities operated by the Spot and affiliate stores, users shall comply with this Agreement, as well as the rules, regulations, and other instructions set forth by our company, affiliate stores, the Building Owner, or the building management company (hereinafter referred to as the "Building Management Company").
5. 5. The use of the Spot, as defined in this Agreement, includes the use of the Spot, its associated facilities, the designated spaces within the premises of the Spot, the training gym, and other facilities in the normal manner, in accordance with the provisions of this Agreement and the applicable affiliate store rules. Users understand that they are not granted any authority (including but not limited to exclusive occupancy rights over the Spot or designated spaces) beyond the scope of such use. Therefore, users confirm in advance that they do not possess any leasehold or other real estate rights over the Spot.
6. 6. Users shall comply with this Agreement and the applicable affiliate store rules, and shall use the Spot, designated spaces, and common areas of the building in a manner consistent with the care of a prudent manager.
7. 7. Users acknowledge in advance that they may not be able to use the Spot if the maximum capacity set by the Company is reached on the desired day of use, regardless of the type of use specified in Article 2, Paragraph 1.
8. 8. Users are permitted to use the Spot within the scope defined in this Agreement and the applicable Affiliate Store Agreement, and within the limits that do not cause inconvenience to the Company or third parties. Users of the designated spaces are allowed to perform their own business or work, while users of the fitness gym and similar facilities are permitted to engage in their own training activities.
9. 9. Users are responsible for the management of their personal belongings within the Spot. Users acknowledge and agree that the Company and Affiliate Stores shall not be liable for any loss, theft, damage, or soiling of personal belongings, or any resulting damages or losses.
10. 10. Users shall comply with the following rules. The Company may establish additional rules, apart from those mentioned below, and in such cases, they will be notified to users by posting them in appropriate locations within the Spot. Users are required to adhere to these rules.
    1. ① Smoking, including the use of electronic cigarettes, is strictly prohibited within the facility.
    2. ② Except for authorized events and parties approved by the company, no alcohol consumption is allowed within the spot premises.
    3. ③ Food and drink may be brought into the target space among the spots, but any food or drink that may disturb other users (e.g. food with strong odours), as well as eating and drinking, is prohibited.
    4. ④ Bringing firearms, hazardous materials, animals, or any other items that may cause inconvenience to other users is strictly prohibited.
    5. ⑤ Users are required to either take their garbage with them or dispose of it properly by separating it according to the designated recycling bins provided in the facility, in compliance with local regulations.
    6. ⑥ Users must not engage in any actions that infringe upon the personal rights, privacy, or image rights of other users.
    7. ⑦ Users agree and consent without objection that any lost items or forgotten belongings will be disposed of by the company after a period of one month from the date of deposit, as a general rule.
    8. ⑧ For users under the age of 18, parental/guardian supervision is required. The available hours are from 6:00 AM to 10:00 PM. However, if the operating hours of the facility are shorter than the aforementioned period, the usage is limited to the facility's operating hours.
    9. ⑨ Elementary school students and above are subject to the regular usage fees.
11. 11. If the provisions of this agreement, including the rules set forth in the preceding clause, and the applicable affiliated store regulations are not adhered to, spot staff may approach and provide warnings or instructions. However, if non-compliance persists, the nature of usage is malicious, or for any other reason deemed necessary by our company, the company or affiliated stores may, at their discretion, request the user to leave the spot, refuse future usage, or cancel membership (in the case of BizSPOT app members), and take any necessary measures. The user agrees and consents to these actions without objection.

Article 4 (Fees, etc.)

1. 1. The user shall pay the specified usage fees (hereinafter referred to as "Usage Fees") determined by the company or the affiliated store as consideration for the services provided by the company or the affiliated store (hereinafter referred to as the "Services") in accordance with this Agreement. The Usage Fees shall be as follows, depending on the type of usage specified in Article 2, Paragraph 1:
   1. ① BizSPOT App Non-Member (Drop-in Usage)
      You are required to pay the drop-in usage fee set by our company. In addition to the drop-in usage fee, there may be package fees, which may vary depending on the store. Please inquire at the respective store for detailed information.
   2. ② BizSPOT app members
      You are required to pay the usage fee as determined by our company or affiliated stores. In addition to the drop-in usage fee, there may be pack fees and monthly fees. However, please note that pack fees and monthly fees are applicable only to specific stores, so please inquire at the store for more details.
      * Please specify the usage fees for special pack fees, monthly fees, etc. in advance before using the service. Please note that changes to the fees during usage are not allowed, so please be aware of this in advance.
2. 2. The monthly fee specified in the preceding item ② applies to the period from the start date of usage until the day before the same date of the following month for the first month. From the second month onwards, it applies to the period from the same date of the current month's usage start date until the day before the same date of the following month.
3. 3. The usage fee includes the following items.
   1. ① The cost of utilities such as water supply, drainage, electricity, heating, and air conditioning that are normally incurred within the premises.
   2. ② toilet cleaning, sanitation or environmental maintenance costs normally incurred in the spot
   3. ③ Other expenses necessary for the maintenance and management of facilities and equipment in the spot.
4. 4. We may, at our discretion, revise the usage fee if we determine that the usage fee has become unreasonable due to fluctuations in maintenance and management costs, changes in economic conditions, or changes in prices, and the user agrees in advance to such a revision.
5. 5. Non-members of the BizSPOT app are required to pay the usage fee at the reception desk of the facility on the day of use at the time of checkout.
6. 6. the Company and Affiliated stores not issue receipts unless specifically requested by the user.
7. 7. The user shall restore the facility used to its original condition after use.

Article 5 (Optional Services)

1. 1. Unless otherwise specified, users may apply for and use services such as meeting rooms and private booths (hereinafter referred to as "Optional Services") designated by the Company and franchise stores in the manner specified by them. Regarding the use of Optional Services, please inquire with the Spot you use as usage fees and methods may vary by location.
2. 2. users who wish to use this optional service shall, as a rule, make a reservation at least one day in advance. However, depending on availability, etc., it may be possible to use the Optional Service by informing the receptionist at the Spot that the User wishes to use the Optional Service on the day of use, but this does not necessarily guarantee the opportunity to use the Optional Service. The fee for the use of the services of the Optional Service shall be paid each time at the reception of the Spot on the day of use, by credit card, cash or payment via the BizSPOT App.
3. 3. When using the optional services as provided in the preceding paragraph, the user may extend the use of such services, subject to availability, provided that there are no other reservations during the desired extension time. (Please contact each facility directly for details on pricing and billing increments, as they vary by facility.)
4. 4. Users who use the Optional Services may have visitors (hereinafter referred to as "Visitors") accompany them, but they must report the information requested by us or our franchisees (such as the number of people and usage time). However, the number of Visitors shall be limited to the maximum occupancy of the meeting room.
5. 5. Users of this optional service shall ensure that visitors comply with these terms and conditions and the applicable affiliate store regulations. In the event that our company, affiliate stores, or other users suffer damages or losses (hereinafter referred to as "damages, etc.") due to the actions of visitors, the users shall bear full responsibility and shall compensate, indemnify, or otherwise remedy such damages, etc. (the same shall apply in cases where accurate reporting of visitor numbers, etc. to our company was not provided).
   The usage fee for visitors shall be the responsibility of the accompanying user, who shall make full payment for the fee using their credit card or cash at the spot reception on the day of usage, prior to the visitor's departure.

Article 6 (Prohibition of using as Address and Registration)

1. 1. The user may not use the address or name of the building or spot as the registered address of a commercial or legal registration, apply for it as the registered or business address when obtaining permits related to business, or specify it as an official contact or report it to public authorities.
2. 2. The user shall not state or publish the address or name of this building or facility on any printed matter including business cards, use it as a recipient of postal items, or post or publish it on electronic media such as websites.
3. 3. In the event of a violation of the preceding two provisions, the user shall promptly take measures to correct the violation. Even if the user's mail or other materials are delivered to the facility, the Company shall not be responsible, and if the Company suffers any damages, the user shall be liable for compensation.
4. 4. However, please note that the provisions in paragraphs 1 through 3 of this article may differ depending on the affiliate facility, so please inquire at your specific facility for more details.

Article 7 (Combined Use with Stores)

1. 1. Users shall confirm in advance and shall not raise any objections to the presence of a store providing on-demand printing services, including print services, within the premises, operated by our company or authorized individuals (including corporations).
2. 2. The user acknowledges in advance that there may be noise, vibrations, or similar causes arising from the use of printing equipment or other devices at the store, and even if the tranquil environment of the spot is compromised as a result, the company accepts no responsibility.

Article 8 (Cost Burden)

1. 1. The user shall bear and be responsible for the following costs, and shall pay them at their own expense. However, this does not prevent the company or affiliated stores from claiming damages from the user for any additional damages.
   The cost of repairs, replacements, etc. necessary for the restoration of fixtures and equipment installed in the building that have been damaged or destroyed by the intentional or negligent acts of the user shall be borne and paid by the user, except in cases where the replacement is deemed necessary by the Company due to normal wear and tear.
2. 2. As a general rule, the expenses mentioned in the preceding paragraph shall be settled by credit card payment on the day the incident occurred. However, if the Company or the affiliate store determines that credit card payment on the day is not possible, the user shall discuss the payment deadline, method, and amount in good faith with the Company or the affiliate store and pay accordingly. The user shall agree in advance that any fees incurred in connection with this payment shall be borne by the user.

Article 9 (Repairs, etc.)

1. 1. the user agrees in advance to notify us or the merchant immediately in the event of damage to the spot or to the building. The user agrees in advance that he/she may be held liable for any damage caused by a delay in making such a report.
2. 2. If damage occurs to equipment or facilities within the spot or building due to intentional or negligent acts of the user or the user's use of the equipment or facilities in a manner that can be attributed to the user's responsibility, the repair of the equipment or facilities within the spot or building shall be at the expense of the user.
3. 3. in the case of the preceding paragraph, if the Company, the Merchant or the Building Owner carries out repairs, the User concerned shall not be able to refuse or object to the implementation of such repairs or the method of implementation, except in cases where it is extremely unreasonable to do so.
4. 4. If it is deemed necessary by us, the affiliate store, or the building owner to suspend the use of the entire or part of the spot or building for the purpose of repairing, renovating, or extending the building or spot, we may request the user to suspend the use of the entire or part of the spot, and the user shall comply with such request without objection.

Article 10 (Maintenance, inspection, etc.)

1. 1. When entering for maintenance and inspection of this building, the user shall cooperate with the measures taken by the Company or the building owner.
2. 2. The user shall acknowledge in advance that there is a possibility of power outage when the building owner performs a statutory inspection of the electrical equipment in the building, and even if damage occurs due to such power outage, the user shall not make any claims or demands for compensation against the building owner or the Company, except in cases where the Company has intentional or gross negligence.

Article 11 (Exclusion of Anti-Social Forces)

1. 1. The user hereby declares, for the present and future, that they and their officers (directors, executive officers, employees performing managerial duties, or equivalent personnel) who are substantially involved in their management, do not fall under any antisocial forces (organized crime groups, gang members, individuals who have not passed five years since ceasing to be gang members, quasi-members of organized crime groups, organized crime-related companies, extortionists posing as social activists, special intelligence violent groups, or other similar entities), and they further declare that they will not engage in violent demands, unjustified demands exceeding legal responsibility, acts of using violence or making threats in transactions, spreading false rumors, engaging in fraudulent activities, damaging or interfering with the business through intimidation or coercion, or engaging in any similar acts in the future.
2. 2. If it is determined by us that the user has violated the provisions of the preceding paragraph, we and our affiliated stores may immediately revoke the user's qualification and refuse future use.

Article 12 (Prohibited or Restricted Acts)

1. 1. The user shall not move or alter any fixtures within the building.
2. 2. The user shall not engage in any of the following acts in the building or within the premises, or acts that cause damage or inconvenience to other users or spots, etc.:
   1. ① Users must not enter other floors of this building or other prohibited areas.
   2. ② Street parking on the premises of this building or nearby
   3. ③ Entry wearing jerseys, clogs, spikes or other attire deemed inappropriate by the Company.
   4. ④ Stay, taking a nap in sleeping attire, or entering/exiting outside of business hours.
   5. ⑤ Drinking, cooking, smoking and eating and drinking outside designated areas.
   6. ⑥ Actions that cause inconvenience to other users of the building or spot users, or the introduction of items or dangerous goods that may cause noise, vibration, odor, etc. that may cause inconvenience to other users of the building or spot users.
   7. ⑦ Making phone calls (including Skype, etc.) outside of designated areas.
   8. ⑧ Keeping or bringing animals in the spot (except guide dogs, hearing dogs, service dogs, etc. which have been authorised by the Company).
   9. ⑨ Users shall not engage in any nuisance or similar acts of selling, soliciting, intermediating, or similar acts of various goods and services, such as network marketing, MLM, pyramid schemes, various financial products, insurance-related products, information materials, various goods and services, etc., to individuals met through the Spot, whether inside or outside the Spot.
   10. ⑩ Conducting sales activities such as sales without permission from our company or franchise stores, or engaging in proselytizing, religious, or political activities.
   11. ⑪ Using or bringing in fire in the spot.
   12. ⑫ Violating these Terms and Conditions, violating the Merchant Terms and Conditions, committing illegal acts or acts against public order and morals, or committing any other acts that the Building Owner, the Company or the Merchant reasonably deems to be inappropriate.
   13. ⑬ Having a relationship with a member of a gang, a member of a far-left or far-right violent group, or a third party under the control of such a member or the threat of such a relationship.
   14. ⑭ Any act that is deemed by us or our affiliated stores as not suitable for the purpose stated in Article 1, or any other act deemed by us or our affiliated stores as unsuitable for users.

Article 13 (Delayed damages)

1. 1. In the event that a user delays the performance of their monetary obligations to our company or affiliate stores, based on these terms and conditions and the applicable affiliate store regulations, they shall be required to pay a late payment penalty calculated at an annual rate of 14.6% on the outstanding amount until it is fully settled (Numbers less than a penny are rounded down). Even if the user has fully paid the late payment penalty, if they are a BizSPOT app member, our company reserves the right to cancel their membership registration.

Article 14 (Damages)

1. 1. In the event that a user causes damage to the building owner, our company, affiliated stores, other users or third parties, the user must immediately notify our company of the matter.
2. 2. In the case where the damages in the preceding paragraph arise from the intentional or negligent act of the user, the user shall compensate for all damages. In particular, if damages occur to a third party other than the Company, the user shall deal with the matter in good faith and resolve it at their own responsibility and expense.

Article 15 (Disclaimer)

1. 1. In the event that our company or a member store causes damages to a user due to reasons attributable to us in the operation of this service, we will compensate for such damages up to the total amount of usage fees paid by the user in the most recent one year. However, if the user uses the spot and its ancillary facilities in a manner other than the prescribed usage, or in an inappropriate manner, we or the member store shall not be responsible for such damages.
2. 2. in addition to the preceding paragraph, the Company or Affiliated stores compensate the user for any damage suffered by the user for any of the following reasons, up to the total amount of the usage fees paid by the user in the most recent year, if the damage was caused by the negligence of the Company or the merchant.
   1. ① Damages suffered by the user by other users or third parties.
   2. ② Damage caused by maintenance, inspection, repair, or renovation work carried out for the maintenance and preservation of the structure and facilities of this facility.

Article 16 (Force Majeure, etc.)

In the event that any or all of the spots are destroyed or damaged due to an earthquake, typhoon, tsunami, or other natural disaster, outbreak or epidemic of a serious illness such as influenza or COVID-19, war, riot, civil unrest, terrorist acts, enactment or abolition of laws and regulations, orders or disposition by public authorities or any other act by the government, labor disputes, accidents on transportation or communication lines, or any other force majeure beyond the control of the Company or the user, and as a result, it becomes impossible or difficult to achieve the purpose of this Agreement and the applicable Franchise Agreement, the Company or the franchisee shall not be responsible for any damages incurred by the user.

Article 17 (Cancellation Policy)

1. 1. If the user wishes to cancel a reservation for using this facility after the reservation has been made, they must inform the company or affiliate store of such cancellation.
2. 2. In the event that the cancellation described in the preceding paragraph is made by the user, the user must pay cancellation fees and service charges to the Company in accordance with the criteria specified by the Company or the affiliate.
3. 3. In the event that a spot cannot operate due to a natural disaster or other force majeure, the user may request a refund of the amount equivalent to the usage fee for the day(s) that the spot cannot operate from the company or franchise. However, this only applies to cases where the fee has already been paid.

Article 18 (Confidential Information)

1. 1. In this Agreement, "Confidential Information" means all information that the User wishes to keep confidential and all tangible and intangible technical, business, and all other information regarding the Company or other users that the User has learned.
2. 2. The user shall not engage in any act of duplicating, copying, or any other action concerning confidential information.
3. 3. The user must manage their own business or technical confidential information at their own responsibility, and even if the user's confidential information is leaked, the company shall not be responsible unless there is intentional or gross negligence by the company.
4. 4. In the event that the user obtains confidential information as stated in paragraph 1 of this clause, the user shall have the obligation to securely keep such confidential information in strict confidence with the care of a prudent manager, and shall not disclose, leak, publish, or utilize such confidential information to any third party without the permission of the disclosing party, regardless of whether it is through social networking services (SNS), their own website, blog, or any other means on the internet. If the user violates this provision and causes damages to any third party other than the user, the company shall not be held responsible for such damages.
5. 5. Notwithstanding the provisions of this clause, it shall be deemed that the following items, if proven by the user, are not considered as confidential information.
   1. ① Information that is already publicly known at the time of disclosure, or information that becomes publicly known without any fault of the user.
   2. ② Information that the user has legitimately obtained without any obligation of confidentiality from a third party.
   3. ③ Information that the user already possesses at the time of disclosure.
   4. ④ Information developed independently by the user, regardless of the disclosed information.
   5. ⑤ Information disclosed by our company to third parties without imposing any obligation of confidentiality.

Article 19 (Handling of Personal Information)

We will manage the personal information of users acquired by our company in accordance with the personal information protection policy established by our company.

Article 20 (Modification and Termination of the Service Content)

1. 1. the Company or the merchant may change the Services or terminate the provision of the Services at the convenience of the Company or the merchant.
2. 2. In the event that our company terminates the provision of this service, we will make efforts to notify the users by posting on our website or through other appropriate means of communication.

Article 21 (Miscellaneous Provisions)

1. 1. the user must take sufficient care not to cause noise, vibration, odour or other problems, whether inside or outside the building, as a consideration for neighbouring shops and residents, businesses and shops living together in the building, or users of the facility. In addition, the user shall give due consideration to other users in order to prevent any problems between users.
2. 2. Users are required to recognize that this facility is a place for mutual cooperation among users, and they should always be mindful of maintaining cleanliness in terms of environmental beautification and personal appearance.

Article 22 (Amendment of these Terms and Conditions)

1. 1. the Company may change the Terms and Conditions if the Company deems it necessary. If the Terms and Conditions are changed, the effective date and content of the changed Terms and Conditions shall be made known or notified to the user by posting on the Company's website or by other appropriate means.
2. 2. When a user utilizes this service after the effective date of the modified terms and conditions, it will be deemed that the user has agreed to the changes in the terms and conditions.

Article 23 (Contact or Notification)

If our company or affiliated stores contact or notify the user using the email address or other contact information obtained from the user, it will be deemed that the user has received such contact or notification at the time it should have normally reached them.

Article 24 (Priority Application)

In the event of any inconsistency between the provisions of these terms and conditions and other regulations or rules not specified in these terms and conditions, these terms and conditions shall take precedence and be applied. However, when using affiliated store facilities and their associated facilities, the terms and conditions of the affiliated store governing the use of such facilities, in accordance with Article 2, Paragraph 3 of these terms and conditions, shall be given priority. Users are deemed to have agreed to this in advance.

Article 25 (Consent to Jurisdiction)

Both our company and the user agree that in the event of a dispute arising from these terms and conditions, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.

Article 26 (Matters not covered by the regulations)

In the event of matters not provided for in these terms and conditions or any doubts regarding the interpretation of each provision of these terms and conditions, our company, affiliated stores, or users shall engage in sincere discussions and strive to reach an interpretation.