Article 1 : Application of Terms
CAPEES Limited. (hereinafter referred to as “the company”) defines the terms of use (hereinafter referred to as “the terms”) as follows in providing Koala VPN service (hereinafter referred to as “the service”). Applying to the service means that user understands and agrees to the terms.

Article 2 : Revision of Terms
The company can revise the terms without prior notice our users. If the terms are revised, the revised terms shall apply, and the user shall apply the revised new terms. In addition, user refers to an individual or corporation that has been granted the right to use the service by applying for a subscription to the service after approving the terms.

Article 3 : Notice
Notices from the company to users will be made by a method that the company regards as appropriate such as by email or by placing the contents on the website.

Article 4 : Services
1. The connection service provided by the company is a connection service to the server device operated by the company, and the availability of the connection and the communication quality largely depend on user’s devices and the connection state. So the company does not guarantee the service contents in any case.
2. The company may change the service contents and the charge without prior notice or confirmation to users, and the users shall approve this.
3. The company may replace equipment, change the settings, conduct maintenance work without prior notice or confirmation to users, and the users shall agree to this.
4. User can change the plan currently in use at the expiration of the plan period in use.

Article 5 : Approval
The subscription based on the terms will be established when the application for use from the user arrives at the company. However, the application for using the service may not be accepted if any of the following applies. In addition, even after acceptance, the acceptance may be cancelled.

1. False content is found in the information provided for the company with or without malicious intention in using this service.
2. Inappropriate communication is made using this service.
3. The service charge is not paid.
4. The company judges that it is inappropriate to be a user.

Article 6 : Prohibited Acts
1. User is prohibited to allow a third party who does not have the right to use the service to use the service.
2. In using the service, any activity that violates the laws of Japan and China or the country and region from which the user is connected, and the communication destination is prohibited.
3. Political or religious activities that may lead to public disputes after using this service is prohibited.
4. Use of software and games that may cause high communication load on our service devices is prohibited.
5. Use of file sharing/exchange software, P2P software, etc. that may infringe the rights of others using the service is prohibited.
6. Unauthorized use and resale of accounts are prohibited.

Article 7 : Principles of Self-responsibility
1. The user shall assume the full responsibility for the use of the service and actions and results performed by using the service.
2. When the user damages a third party by using this service, he/she shall solve the problem with his/her own responsibility and cost.

Article 8 : Interruption of the Service
The company may interrupt the service without contacting you in any of the following cases:
1. The company maintains the system for this service regularly or urgently.
2. This service can not be provided due to a fire or a power failure.
3. This service can not be provided due to a natural disaster such as an earthquake, eruption, flood, or tsunami.
4. This service can not be provided due to war, disturbance, riot, turmoil, labor disputes, etc.
5. There is a reason by the government, a public organization, or another telecommunications carrier.
6. The company determines necessity of temporary suspension of the service for operational and technical reasons.

Article 9 : Disclaimer
1. The company shall not be liable for any damage to the user by using the service for any reason whatsoever.
2. The company shall not be liable for any damage or loss to the user if there is a change in the terms, a suspension of provision of the service, or an end of the service.
3. The Company shall not guarantee the completeness, accuracy, certainty or usefulness of the information obtained by the user through the service.
4. The company shall not be liable for any damage to the user regarding the use of services, such as suspension, delay, and discontinuation of the system, loss of data due to failures in communication lines or computers, and other damages caused by unauthorized access or software.
5. The company shall not guarantee the operation of any device or software used by the user.
6. The company shall not be liable when the service is made unavailable due to government and public organizations, measures by other operators, or other technical factors.

Article 10 : Cancellation
1. The plan currently used will be automatically renewed unless the continuous use is cancelled on My Page until the day before the subscription expiration date.
2. If the continuous use is cancelled on My Page, the subscription will be automatically canceled when the use period of this service expires.

Article 11 : Refund
The company cannot give a refund the service charge for any reason.
If the service becomes unavailable due to changes in the user’s device and the Internet environment, etc., and if the service becomes unavailable due to government and public organizations, measures by other operators, or other technical factors, the company cannot the service charge. In addition, the company cannot refund the service charge if its service is suspended.

Article 12 : Court of jurisdiction
The user and the company agree that the Tokyo Summary Court or Tokyo District Court shall be the exclusive court of jurisdiction in the first instance for any disputes arising out of or in connection with the terms depending on the amount of the case.

Supplementary Provisions
Established on: September 1, 2019