These Terms of Use (“these Terms”) have the objective of prescribing the rights and obligations of the user and ANA NEO, Inc. (“ANA NEO”) for when the user uses the virtual platform service ANA GranWhale operated by ANA NEO and the products and services provided by ANA NEO on ANA GranWhale (collectively, “the Service”). These Terms apply to the entire relationship formed between the user and ANA NEO for the use of the Service.
There may be cases where some of the products and services provided on the Service require the execution of an agreement between the user and a third party providing those products and services. Please be advised that such agreements will be subject to the Terms of Use and other conditions prescribed by the relevant third party.

When the Service is used by a user, they should have read the entire text of the latest version of these Terms, and need to indicate their consent. Please refrain from using the Service if you do not consent to these Terms.
In the event of a contradiction arising in the content of these Terms and other terms prescribed by ANA NEO, the provisions of these Terms will take priority with regard to the Service.

1. Application of the Privacy Policy

Please review the Service Privacy Policy for information on the handling of users’ personal information by ANA NEO.

2. Definition of Terms

• “User” means a customer who has registered to use the Service in accordance with the provisions of Article 3.
• "V miles” means an in-app currency with which digital contents sold within the Service can be purchased
• “Gran Chip” means an item that can be used for certain contents in the Service.

3. Application for Registration

• The user, in the event of desiring to use the Service, shall agree to these Terms and the Privacy Policy, and shall apply for registration by a method specified by ANA NEO. A Please note that registration to use the Service and link your ANA Mileage Club membership to this Service may be performed only once. If you wish to terminate the linkage between your ANA Mileage Club membership and the Service, please contact us using the Contact Form.
• If registration is approved by ANA NEO based on an application pursuant to the preceding Paragraph, the user may use the Service.

4. Matters to Note Concerning Service Use

• The user shall use the Service under their own responsibility, and with the exception of grounds attributable to ANA NEO, shall bear full responsibility for all acts taken in relation to the Service as well as the results thereof. In addition, the user shall, under their own responsibility, manage the ID, password, and other identification codes required for Service use (collectively, “ID, Etc.”) , and shall bear full responsibility for all acts performed through the use of their ID, Etc., as well as the results thereof, regardless of whether or not they performed such acts themselves.
• Program data and related document files, etc. required for the Service may be automatically changed or updated without notice.
• In the event of an inability to connect to the network, use of the Service may become temporarily unavailable.
• In the event the user deletes the Service from the user’s terminal, or changes the terminal, use of all information relating to past use of the user (including but not limited to the paid content prescribed in Paragraph 4 of Part 7) will become unavailable. There may be cases where such information can be restored from a backup by the user, although ANA NEO does not make any guarantees regarding this. Backups shall be performed by the user at their own responsibility, and with the exception of grounds attributable to ANA NEO, ANA NEO shall not bear responsibility for any situation regarding such backups.
• ANA NEO may display advertising of ANA NEO or a third party on the Service.
• In the event the country specified for Service registration is changed by the user, the user is required to agree to the terms of use for the country that registration has been changed to. The content of the Service may vary by country. Therefore, there may be cases where restrictions are placed on all or a part of the content of the Service, or where rights held by the user are extinguished in conjunction with the change of registered country by the user. ANA NEO will not assume any responsibility for disadvantage, loss or damage incurred by the user as a result of the said change.
• If a user installs the Service from the App Store, Google Play Store, or other app stores from South Korea, the user cannot link the Service to their ANA Mileage Club membership.

5. Handling of Minors

• If the intended user is a minor, they shall use the Service (including consenting to these Terms) only upon obtaining from their legal guardian (person of parental authority, etc.) prior consent for the use of the Service. In the event the Service is used by such a user without said consent, ANA NEO may terminate all or a part of the separate agreement with the user regarding the Service, may suspend use of the Service by the user, and may cancel their registration. If a user who was a minor at the time of the said consent to these Terms uses the Service after reaching the age of maturity, the said user will be deemed to have consented to all juristic acts relating to the Service.
• Even if the user is a minor, in the event they use the Service while claiming falsely to have the consent of their legal guardian without actually having such consent, or falsely state they have reached the age of maturity, or where some other deception causes the belief that they have full legal capacity, no juristic act relating to the Service may be annulled.

6. Communication Environment

• Communication fees are required to download the Service. Please note that the Service connects to a network and performs communication functions. Communication fees are required for these as well.
• The information terminal, communications line, and other communication environment elements required for use of the Service are to be prepared and maintained at the expense and responsibility of the user.

7. Matters to Note Concerning Use of Paid Content

• The user may purchase “Paid V-Miles”, which are a prepaid method of payment supported by purchase functionality within the Service . Please check the Service application screen for information on sale prices and other conditions for In-app Currency. ANA NEO may change these conditions at its own discretion.
• The user may use the Service to exchange miles provided by All Nippon Airways Co., Ltd. for "Free V-Miles". Please check the Service application screen for information on the exchange rate and other conditions. ANA NEO may change these conditions at its own discretion.
• ANA NEO may provide content for a fee outside of "Paid V-Miles".
• The purchase of and exchange with “paid V miles” and any non-free contents other than “paid V miles” (hereinafter collectively referred to as “paid contents”) are on the condition of and subject to the payment terms and conditions of the third-party payment service providers (including but not limited to Apple Inc. and Google Inc.), the terms and conditions of ANA Mileage Club membership established by All Nippon Airways Co., Ltd. (if the user is a member), and any other terms and conditions related to the use of paid contents.
• Paid contents acquired by a user may not be transferred, lent, or otherwise passed on to third parties. However, digital contents purchased with non-fungible tokens (hereinafter referred to as “NFTs”) may be transferred and sold to third parties.
• Paid content obtained by the user may only be used within the Service. However, digital content purchased through use of NFT may be used outside of the Service.
• “Free V miles” purchased by a user or granted by us free of charge will not expire. However, “free V miles” exchanged using ANA miles will be valid until the end of the month 12 months later, counting from the month of exchange, and will expire after that period.
• If a user withdraws from the membership for their own reasons, their “paid V miles”, “free V miles” granted by us free of charge, and “free V miles” exchanged using ANA miles will not be refunded, nor will these miles be converted to ANA miles or otherwise returned.
• ANA NEO may at its option prescribe the price, specifications, sales period, and other details for paid content, and may make changes to these at its sole discretion.
• ANA NEO shall not issue a receipt or the like for payments made to purchase paid content.
• ANA NEO, with the exception of where prescribed by legislation, will not provide refunds for “Paid V-Miles” and “Free V-Miles”. However, “paid V miles” will be refunded in accordance with Article 20, Paragraph 1 of the Payment Services Act when the in-app currency issuance business is discontinued or the service is terminated, in which case the refund method will be determined by us in accordance with laws and regulations and displayed on the official website.
• If a user misses the payment deadline of a third-party payment service operator, ANA NEO may terminate all or part of the separate agreement with the user regarding the Service, or may suspend use of the Service by the user or cancel their registration.
• "Paid V-Miles" displayed as a prepaid payment method specified by ANA NEO is treated as a prepaid payment instrument under the Payment Services Act. Paid content purchased using the said prepaid payment method shall be regarded as the provision of products or services under such acquisition, and shall not be applicable as a prepaid payment method.
• The balance of “free V miles” granted by us free of charge and “free V miles” exchanged using ANA miles will not be converted or refunded under any circumstances, including the user’s withdrawal from membership or any termination of service.
• The amount of “Paid Content” that can be purchased during a one-month period is limited depending on age. Users must verify their age the first time they purchase paid content.
  ANA NEO shall not be liable for any damages suffered by a user, except when caused through circumstances attributable to ANA NEO, through use of the Service after falsifying their age.
  
  Maximum charges by age
  Under 13 years old: Cannot be charged
  From 13 to 15 years old: up to 5,000 yen
  From 16 to 19 years old: up to 10,000 yen
  20 years and older: no upper limit
  

8. Matters to Note Concerning Use of “Gran Chip”

• “Gran Chip” will be valid (calculated in Japan time) for 30 days from the date of acquisition and will automatically expire.
• The maximum number of “Gran Chips” that can be earned in 30 days (calculated from the date of acquisition) is 25,000. More than 25,000 Gran Chips earned will be invalid.
• The user may use “Gran Chip” earned through activities in the Service in the manner specified separately by ANA NEO. ANA NEO may make changes to usage and other details for “Gran Chip” at its sole discretion.

9. Prohibitions

The user, when using the Service, may not perform any act that falls or could fall under any of the following.

• An act that violates these Terms and conditions or other terms set by ANA NEO or group companies of ANA HOLDINGS INC.
• An act that violates international law, a constitution, a law or other legislation, or that constitutes a criminal or unlawful act, or an act that is associated with such, or an act that incites or abets such an act.
• An act that is contrary to public order and morals, or that incites or abets such an act.
• An act involving the collection, accumulation, or sharing of information by which another user may be identified, without obtaining the consent of the said other user.
• An act that infringes upon intellectual property rights, such as a copyright or trademark right of ANA NEO, another user, or a third party.
• An act that involves pretending to be ANA NEO or a Company affiliate, or an officer, employee, partner, or collaborative entity of either of these.
• Claiming to be a person other than yourself, or pretending to be a person with such authority, notwithstanding that you do not have representation rights or agency.
• An act that causes anxiety or discomfort to another user, such as threatening or stalking them.
• An act that unfairly discriminates against or slanders ANA NEO, another user, or a third party, or that damages the honor or credibility of such a party.
• An act that facilitates unfair discrimination against a third party.
• An act that involves the use of sexually suggestive language, threatening language, racially prejudiced language, unlawful language, vulgar language, obscene language, slanderous language, or any other form of language that causes discomfort.
• An act involving a commercial transaction, an advertisement for commercial purposes, an exchange of prohibited goods, solicitation to join an illegal group, or a religious activity.
• An act involving the formation or operation of a group that has principles based on any form of discrimination or prejudice against a religion, race, gender, ethnicity, or a human right, or which has the intent of engaging in a commercial activity.
• An act that leads to suicide or self-harm, or that incites or abets this.
• An act that induces or helps minors to run away from home.
• An act that exhibits the desire to meet or associate with a user not known to the instigator, or that involves soliciting a user for such an association, or that invites a user to become a romantic partner.
• An act that has an adverse effect on or interferes with the character development or sound growth of a minor.
• An act that has as its objective a sexual or obscene act; an act displaying information that is tantamount to obscenity, child pornography, or child abuse; or an act involving the sale of media that contains such information, the transmission or display of such information, or the display or transmission of information inducing the sale of these.
• An act that leads or may lead to a crime such as fraud, the abuse of a controlled substance, child prostitution, or the illegal trading of a savings account or cellular phone.
• An act that involves unlawful betting or gambling, or which solicits participation in unlawful betting or gambling.
• An act involving the undertaking, mediating, or soliciting of an unlawful act (the transfer of a handgun, etc., manufacture of explosives, provision of child pornography, forgery of an official document, murder, intimidation, etc.).
• An act that involves the posting or display of information which captures the scene of a murder, injury, corpse, or other depiction of cruelty, or which is determined by ANA NEO to be highly likely to cause revulsion in others or distress to other users based on social conventions.
• An act involving the establishing of a pyramid scheme (Ponzi scheme), or soliciting participation in such a scheme.
• An act involving the posting or display of posted information that leads to sites that are judged by ANA NEO to be inappropriate, such as adult websites, one-click fraud websites, or the spread of harmful computer programs, etc., such as viruses (including the act of posting just a link).
• Any act that has as its objective the trading of paid content, etc., in fiat currency.
• An act involving the use of the Service for commercial gain without the approval of ANA NEO.
• An act involving the provision of false information in the Service, or the use of the Service for a devious purpose.
• An act involving the wrongful rewriting or deletion of information stored on the equipment of ANA NEO.
• An act involving intentional tampering with data on the Service, such as content and character parameters, or the use of program, etc., not authorized by ANA NEO in order to cause behavior not intended by ANA NEO (including but not limited to defects, bugs, malfunctions, and the like) on the Service. This is regardless of whether or not the act is for the purpose of obtaining gain for oneself or a third party, or for the purpose of using the Service in an advantageous manner.
• An act involving the development, distribution, or use of a tool or program for unauthorized use, or which induces, solicits, or assists a third party in regard to such an activity, or which may do so.
• An act involving the transmission, posting, or use of a harmful or nefarious computer program, etc., such as one designed to spread a virus.
• An act that obstructs the server or network system of the Service; an act involving the use of BOTs, cheat tools, or other technological means to illegitimately operate the Service; acts involving the intentional use of defects in the Service; accessing the Service via a communication terminal after making modifications, such as routing or jailbreaking; an act involving illegitimate inquiries or requests to ANA NEO, such as repeatedly asking the same type of question more than is necessary; any other act that impedes or hinders ANA NEO’s operation of the Service or the use of the Service by other users.
• An act that involves the unauthorized revision, changing, modification, reverse engineering, decompiling, or disassembly, etc., of the Service.
• If the user is a minor, an act involving use of the Service or purchase of paid content without the prior consent of their legal guardian (person of parental authority, etc.).
• An act intending to promote, incite, or solicit an act despite knowing it to be an act applicable to any of the above.

10. Suspension, etc. of Use

• ANA NEO, in the event of having determined that a user falls or may fall under the following, may terminate without any notice or demand all or part of the agreement relating to the Service, or may temporarily suspend use of the Service or cancel the registration. If ANA NEO takes such a measure, it will not make publicly known the content of the investigation or judgment criteria that led to such action.
  • In the event of a violation of these Terms or conditions specified by ANA NEO for the Service
  • In the event of an act listed in “Prohibitions”
  • In the event of a non-response over a period of 30 days or more to an inquiry or other communication from ANA NEO requesting a response
  • In the event of one year or more having passed since the last access to the Service
  • In the event of the user being a member of an antisocial force, etc., or cooperating or being involved, etc., in the maintenance, management, or operations of an antisocial force through the provision of funds, etc., or other such action
  • In the event ANA NEO deems that an inappropriate act has been performed
• ANA NEO, in the event that it determines that the user falls or may fall under a provision in the preceding Paragraph, or when it otherwise deems necessary, may request that the user cease the applicable act, or under their own volition delete or revise, etc. information that has been transmitted or posted, and the user shall comply with the said request within the period of time prescribed by ANA NEO.
• Even in the event of imposition of a measure such as suspension of use, this shall not release the user from any of their obligations under these Terms to ANA NEO or a third party.
• ANA NEO, even in the event of having taken a measure such as suspension of use, may hold and use information provided to ANA NEO by the user.
• The Service, when necessary for its operation, maintenance, or management, or due to other circumstances of ANA NEO, may be subjected to restricted or suspended use of all or a part of its functions, or its provision may be interrupted or terminated. Even if the user incurs loss or damage as a result of restricted or suspended use of the Service, or interruption or termination of its provision, ANA NEO shall not bear any responsibility, with the exception of grounds attributable to ANA NEO.

11. Absence of Guarantees; Disclaimers

• ANA NEO makes no guarantees regarding the completeness or accuracy, etc. of provided information. In addition, ANA NEO does not make any guarantee regarding any operation of the Service under any environment (e.g., that the Service is free of defects and errors), or any guarantee regarding its suitability for a desired purpose of use, or the accuracy or reliability of usage results.
• ANA NEO bears no responsibility whatsoever for loss or damage incurred by a user as a result of a decrease of display speed or malfunction, etc. due to excessive access or other unforeseen factor, except when due to ANA NEO’s willful or negligence.
• ANA NEO bears no responsibility whatsoever for loss or damage incurred by the user as a result of unauthorized access to the Service or the infiltration of a computer virus, or other act by a third party, except when due to ANA NEO’s willful or negligence.
• ANA NEO may change, suspend, or abolish the Service without prior notice, including the use of "Paid V-Miles", "Free V-Miles" and paid content. ANA NEO bears no responsibility for loss or damage incurred by the user as a result of an inability to use all or a part of the Service, or for a change, suspension, or abolition of the Service, except when due to ANA NEO’s willful or negligence.
• ANA NEO makes no guarantees regarding continuity of the existence, content, or provision method of the Service.
• ANA NEO shall not be involved in any interaction or dispute, etc., arising between the user and another user or a third party.
• ANA NEO bears no obligation to monitor and store information posted by the user.
• In the event ANA NEO determines that an act that violates or may violate these Terms has been performed, ANA NEO may, without prior notice, take measures deemed necessary by ANA NEO, such as deleting posted information or restricting use of the Service, and even if loss or damage has been incurred as a result, except when due to ANA NEO’s willful or negligence ANA NEO shall bear no responsibility for this.
• The user shall use the Service at their own judgment, and shall take care to avoid excessive use that could disrupt a wholesome living environment. ANA NEO bears no responsibility whatsoever for social, mental, or physical loss or damage incurred by the user as a result of use that deviates from socially appropriate parameters, except when due to ANA NEO’s willful or gross negligence.
• If any of the following occur, ANA NEO may interrupt the provision of all or part of the Service, and ANA NEO bears no responsibility for loss or damage incurred by the user as a result, or for some other situation that is beyond the control of ANA NEO, except when due to ANA NEO’s willful or negligence.
  • A natural disaster
  • A social disturbance, strike, etc.
  • An unexpected incident such as a fire or power outage
  • Any other emergency situation
  • Emergency maintenance, etc., that is judged to be necessary by ANA NEO.
• ANA NEO, in any of the following cases, may view, save, and disclose to a third party the content of applicable information. ANA NEO bears no responsibility for any loss or damage incurred as a result of this, except when due to ANA NEO’s willful or negligence.
  • When ANA NEO finds it necessary to investigate and resolve the cause of a technical defect in the Service.
  • When ANA NEO receives an official inquiry under legal force from a public authority such as a court or the police.
  • When ANA NEO determines that an act which violates or may violate these Terms has been performed, and that it is necessary to confirm the content of posted information.
  • When ANA NEO determines that there is a danger to the life, person, property, etc. of an individual which requires emergency handling.
  • When some other need arises to ensure appropriate operation of the Service.
• ANA NEO shall be liable for damages when damage related to the providing of the Service is caused to the user through circumstances attributable to ANA NEO. However, except for cases that are due to intentional acts or gross negligence by ANA NEO, ANANEO shall only be liable for direct and actual damages suffered by the user, limited to no more than 10,000 yen, and shall not be liable for loss of profit or damages that occurred under special circumstances (including cases where the damages were or could have been foreseen).

12. Intellectual Property Rights, Etc.

• A copyright, patent right, utility model right, trademark right, design right, and all other intellectual property rights and the right to receive registration of such rights (collectively, “Intellectual Property Rights”) for images, video, text, programs, and all other information provided by ANA NEO to the user on the Service shall be attributable to ANA NEO or the licensor of ANA NEO, regardless of the presence or absence of a notice regarding rights. The user must not use the content other than within the parameters of use envisioned for the Service (including but not limited to a prohibition on reproduction, transmission, forwarding, modification, etc.).
• Appellations under which trademark rights and other usage rights are held by ANA NEO or a third party are included in the names of individuals, company names, product names, service names, and other names (collectively, “Trademark, Etc.”) displayed on the Service and on the website. ANA NEO may state on the Service or official websites that Trademarks, Etc., are registered trademarks of ANA NEO or a third party. Furthermore, rights may be held by ANA NEO or a third party even when such a designation does not appear on the Trademarks, Etc.
• These Terms do not permit the transfer of Trademarks, Etc., to the user or a third party, or to license their use outside the scope of Service use. The user must not file a trademark registration notice regarding Trademarks, Etc., and must not use Trademarks, Etc., for an objective outside of the use of the Service.
• The user must not file an application for the registration or transfer of Intellectual Property Rights relating to the Service, and must not exercise such rights.
• With regard to acts and information of the user within the Service, the user shall grant a worldwide, non-exclusive, sublicensable license within the scope deemed necessary by ANA NEO for the provision of the Service, including the operation and advertising of the Service by ANA NEO. In addition, the user shall not exercise moral rights of author in relation to such information.
• Except when the prior written consent of ANA NEO has been obtained, the user shall handle as confidential non-published information that has been disclosed by ANA NEO to the user in relation to the Service, upon ANA NEO’s request that it be handled as confidential.

13. Transfer of Rights

• The user may not transfer, assign, succeed or set collateral to a third party, or dispose of in any other manner, any of their rights or obligations under these Terms.
• ANA NEO may assign to a third party a receivable from the user relating to the Service, and the user shall consent to the provision of their personal information, etc. for that assignment to the said third party.
• ANA NEO may assign business relating to the Service to a third party, in which case it may transfer rights and obligations under these Terms, user information, and any other information to the assignee, and the user shall consent in advance to the business assignment.

14. Termination of Use of the Service

• The user may terminate their use of the Service through the initialization of saved data, the deletion of the Service from the terminal using the Service, or some other method specified by ANA NEO, and in the event the user executes such a method (including when the Service is mistakenly deleted from the terminal), their use of the Service shall be regarded as terminated.
• In the event use of the Service is terminated, with the exception of when specified by ANA NEO, the user will no longer be able to use paid content or any other information relating to the Service.
• In the event use of the Service is terminated, with the exception of when specified by ANA NEO, all paid content held by the user will be disabled, and such paid content will not be available even if the user starts to use the Service again.
• In the event use of the Service is terminated, ANA NEO may, at its discretion and without prior notification to the user, delete all content in the Service relating to the user which existed at the time the use was terminated.
• ANA NEO bears no responsibility for a disadvantage or loss or damage incurred by the user as a result of termination of use of the Service. The user shall acknowledge that through termination of use, they abandon all right of claim for disadvantage and loss and damage incurred by the user or a third party.
• Even in the event of termination of their use of the Service, the user shall not be exempt from any of their obligations under these Terms to ANA NEO and third parties.

15. Severability of these Terms

• Even in the event that part of these Terms are judged to be invalid under legislation, etc., this shall have no impact on the validity of the other provisions.
• Even in the event that part of these Terms are judged to be invalid or are revoked for some users, this shall have no impact on their validity for other users.

16. Communications / Notifications

• Inquiries concerning the Service, other communications and notifications from the user to ANA NEO, and communications and notifications from ANA NEO to the user shall be performed by methods prescribed by ANA NEO.
• In the event ANA NEO issues a communication or notification to the email address or other contact information provided by the user, the user shall be deemed to have received the said communication or notification.

17. Governing Law and Jurisdiction

• The governing law of these Terms shall be the laws of Japan.
• In the event an uncertainty or dispute arises between ANA NEO and the user regarding the Service or these Terms, they shall hold consultation in good faith, and if the uncertainty or dispute is not resolved, the Tokyo District Court or the Tokyo Summary Court shall be the agreed court of exclusive jurisdiction in the first instance.

18. Changes to these Terms

ANA NEO may change these Terms. If ANA NEO changes these Terms it shall, prior to the said change entering into effect and by the method it prescribes, issue notification of the content of the change and the date the change comes into effect. The amended details of these Terms will be effective as of such effective date.