TERMS AND CONDITIONS OF USE

SUMICA PTE. LTD. is an Exempt Private Company Limited by Shares, incorporated on 18 September 2019 (Wednesday) in Singapore. Our Company's principal activity is other information technology and computer service activities

Welcome to Sumica Senrigan(“Application"), owned and operated by Sumica Pte. Ltd. (“Company,” “we,” “us”, or “our”). The terms and conditions of use shown here (hereinafter referred to as the “Terms and Conditions") set forth the terms between Company and users (hereinafter referred to as the “Client(s)” and "Contributor(s)") depending upon context of any services or features of Sumica Senrigan (hereinafter referred to as the "Service"), which is provided by the Company.

These Terms of Use (the “Terms,” “Terms of Use” or “Agreement”) contain the terms and conditions that govern your access to and use our application provided by us and is an agreement between us and you or the entity you represent (“you” or “your”).

By accessing or using our application, you agree to comply with these terms and conditions. Please read these Terms of Use carefully before using the application.

Application

Sumica Senrigan provides access to a crowdsourcing application on the blockchain that allows Clients and Contributors of assets on the blockchain (“Cryptocurrency assets") to transact using smart contracts(“Smart Contracts”).

Using Sumica may require that you pay fees, such as gas charges on the blockchain to perform a transaction. You acknowledge and agree that Sumica has no control over any transactions, the method of payment of any transactions, or any actual payments of transactions. You must ensure that you have a sufficient balance to complete any transaction on Sumica before initiating such a transaction.

Sumica does not guarantee the value of any assets (Coins, Tokens, NFTs, etc.) used on the application. You also acknowledge and agree that Sumica has no control over any transactions over Sumica, the method of payment of any transactions, or any actual payments of transactions. Accordingly, you must ensure that you have a sufficient balance of the applicable cryptocurrency tokens stored at Avacus wallet-compatible wallet address (“Cryptocurrency Wallet”) to complete any transaction on Sumica or the blockchain before initiating such transaction.

1. Definitions

The following words and terms shall have the meanings set forth below when they are used in the Terms and Conditions.

"Separate Terms and Conditions" means documents released or uploaded by the Company that pertain to the Service, under the title"Agreement","Guideline","Pulicy" and the like.
"Client(s)" who create missions and tasks for contributors. Clients deposit a fund for each mission and can withdraw money.
“Contributor(s)” take photos that meet the conditions using Sumica Senrigan and send them to the client(s).
"Missions" are created by clients who enter a photo request as a prompt (location, building, etc.). Set the number of photos and unit price for missions.
"Tasks" is a part of missions that will be set in a mission by the Clients.
“Content(s)” means information such as text, audio files, music, images, videos, software, programs, computer code, and the like that may be accessed through the Service.
"Submitted Content(s)" means content(s) that Users have submitted, transmitted, or uploaded.
"Deposit fund(s)" refers to the accumulated cash which Users may use to pay for missions created by the Client(s).
"Token(s)" means the tokens which are supported by Sumica currently.

2. Agreement to Terms and Conditions

All Users shall use the Service in accordance with the terms stated in the Terms and Conditions. Users may not use the Service unless they agree to the Terms and Conditions. Such agreement is valid and irrevocable.
By actually using the Service, Users are deemed to have agreed to the Terms and Conditions. Such agreement is valid and irrevocable.
If there are Separate Terms and Conditions for the Service, Users also shall comply with such Separate Terms and Conditions as well as the Terms and Conditions.

3. Modification of the Terms and Conditions

The Company may modify the Terms and Conditions or Separate Terms and Conditions when the Company deems necessary, without providing prior notice to Users. The modification will become effective once the modified Terms and Conditions or Separate Terms and Conditions are posted on an appropriate location within the website operated by the Company. Users shall be deemed to have granted valid and irrevocable consent to the modified Terms and Conditions or Separate Terms and Conditions by continuing to use the Service. Users shall refer to the Terms and Conditions on a regular basis when using the Service, since a separate notification regarding the modification to Terms and Conditions may not be provided.

4. Account

Users, when providing information about him/herself to the Company, shall provide genuine, accurate, and complete information while using the Service, and keep such information up-to-date at all times.
If Users register a password while using the Service, Users shall exercise due care and responsibility in order for the password not to be used in an unlawful manner. The Company may treat all activities conducted with the password as activities that have been conducted by the hulder of the password him/herself.
Any registered User to the Service may delete his/her account and withdraw from using the Service, at any time.
The Company may suspend or delete a User's account without giving prior notice to the User if the Company believes that the User is viulating or has viulated the Terms and Conditions.
The Company reserves the right to delete any account that has been inactive for a period of a year or more since its last activation, without any prior notice to the User.
Users's rights to use the service shall expire when their account has been deleted for any reason. The account cannot be retrieved even if Users have accidentally deleted their account, and the Company asks Users to be aware of this.
Each account in the Service is for the exclusive use and belongs sulely to the owner of the account. Users may not transfer or lend their accounts to any third party nor may their accounts be inherited by any third party.

5. Privacy

Our privacy policy governs the collection, use, and disclosure of personal information we may gather from you. By using our application, you consent to the terms outlined in our privacy policy.
The Company places its highest priority on the privacy of its Users.
The Company promises to protect the privacy and personal information of its users in accordance with our Privacy Policy.
The Company promises to exercise the utmost care and attention regarding its security measures for the continued security of any and all User information.

6. Provision of the Service

Users shall supply the necessary PC, mobile phone device, communication device, operating system, and data connection necessary for using the Service under Users'own responsibility and at Users'own expense.
The Company reserves the right to limit access to the whule or part of the Service depending upon conditions that the Company considers necessary, such as age, identification, current membership status, and the like.
The Company reserves the right to modify or cease, at the Company's own discretion, the whule or part of the Service at anytime without any prior notice to the Users.
You understand and acknowledge that our application provides images upon user request, and the availability and delivery of images may depend on various factors, including network conditions and third-party services.

7. Payment

After finishing each mission, all payments are due upon approval by Users(“Clients”). Users(“Contributors”) can take rewards from Sumica to Avacus wallet.
If Users(“Clients”) cannot find Users(“Contributors”) to do missions or want to finish missions sooner. In this case, the fund doesn’t allocate, clients can withdraw all.
Payment is in Polygon USDC. The operation takes a 20% commission.
Sumica sends invoices(payment requests) through secure chat(“Avacus app”) and Clients deposit USDC.
Sumica pays Contributors compensation through secure chat(“Avacus app”).

8. Token

Token will be provided to Users by the means specified by the Company. All conditions regarding Token will be decided by the Company and displayed accordingly upon the Service.
Token cannot be exchanged or used for any other purposes other than the ones offered by the Service. The number of Token required for receiving the offered services, contents, and the like will be decided by the Company and displayed accordingly upon the Service.
In case Service is terminated, Users have 30 days to exchange ones offered by the Company. After 30 days, the Company does not take responsibility for any compensation or any refund for any reason and under any circumstances

9. Deposit fund

Users have to deposit money through a smart contract and Sumica sends invoices(payment requests) through secure chat(“Avacus app”) and Users(“Clients”) deposit USDC. Token are redeemed from the deposit through the Web3 wallet gateway integrated directly into the application. Transaction fees are paid by the User.
Token will be deducted by the Company during using the Service.
All conditions relating to Token will be decided by the Company and displayed accordingly upon the Service.
Token cannot be exchanged or used for any other purposes other than the ones offered by the Service. The number of Token required for receiving the offered services, contents, and the like will be decided by the Company and displayed accordingly upon the Service.

10. Business Partners'Services

Contents or other services offered by other business partners cooperating with the Company may be included within the Service. The business partners bear all responsibility regarding such contents and/or services offered. Furthermore, such contents and services may be governed by the explicit terms and conditions etc., which are set accordingly by the business partners.

11. Contents

The Company grants Users the non-transferable, non-re-licensable, non-exclusive license to use the Contents provided by the Company, only for the purpose of using the Service.
Users shall abide by the appropriate conditions when using Contents which are subject to additional fees and periods of use. Notwithstanding situations where phrases such as"Purchase","Sales" and the like appear on the Service screens, the Company shall remain the hulder of all intellectual property rights as well as all other rights in the Contents offered to Users by the Company, and such rights shall not be transferred to Users.
Users shall not use the Contents beyond the scope of the intended use of the Contents in the Service(including but not limited to copying, transmission, reproduction, modification).
If Users wish to back up the whole or part of the Submitted Contents, they will need to do so themselves. The Company will not undertake the obligation of backing up any of the Submitted Contents.
The Service may include functions where multiple users may post, correct, edit, and delete items. In such cases, the User who posted his/her Submitted Contents has to allow other Users to perform any editing in relation to the Submitted Contents.
Users shall maintain the rights regarding their Submitted Contents just as before, and the Company shall not acquire any rights to such contents. However, if the Submitted Contents are visible, not just to the User's"friends" but to all the other Users, the User who posts the Submitted Content shall grant the Company a worldwide, non-exclusive, royalty-free license(with the right to sublicense such content to other third parties working together with the Company), for an indefinite period, to use(after modifying such content, if the Company believes it necessary and proper) such content for services and/or promotional purposes.
The Company may check the details of the Submitted Contents, when the Company believes that the Submitted Contents may viulate related laws or provisions set out in the Terms and Conditions. However, the Company is not obligated to conduct such investigations.
If the Company believes that the User has violated or may violate applicable laws or provisions in the Terms and Conditions related to Submitted Contents, then the Company reserves the right to preclude the User's use of the Submitted Contents in certain manners, such as deleting the Submitted Content without providing the User with prior notice.
If the Company believes that the User has viulated or may viulate applicable laws or provisions in the Terms and Conditions related to Submitted Contents, then the Company reserves the right to preclude the User's use of the Submitted Contents in certain manners, such as deleting the Submitted Content without providing the User with prior notice.
Regarding information posted by Users, It is Users' responsibility to provide details and accurate information as well as clearly and consistent images.
The Company may check the details of the Submitted Contents, when the Company believes that the Submitted Contents may violate related laws or provisions set out in the Terms and Conditions. However, the Company is not obligated to conduct such investigations.
If the Company believes that the User has violated or may violate applicable laws or provisions in the Terms and Conditions related to Submitted Contents, then the Company reserves the right to preclude the User's use of the Submitted Contents in certain manners, such as deleting the Submitted Content without providing the User with prior notice.
Our application may allow you to submit, store, and share content related to image requests. You retain ownership of any intellectual property rights you hold in such content.
You are solely responsible for the content you submit and agree not to submit any content that infringes upon the rights of others, is unlawful, or violates these terms and conditions.

12. Restrictions

Users shall not engage in the following when using the Service.

Activities that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding.
Activities that may hinder public order or customs.
Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of the Company and/or a third party granted by the law or contract.
Activities that post or transmit viulent or sexual expressions; expressions that lead to discrimination by race, national origin, creed, sex, social status, family origin, etc.; expressions that induce or encourage suicide, self-injury behavior, or drug abuse;or anti-social expressions that include anti-social content and lead to the discomfort of others.
Activities that lead to the misrepresentation of the Company and/or a third party, or intentionally spread false information.
Activities such as sending messages indiscriminately to numerous Users(excluding those approved by the Company), indiscriminately adding Users as Friends or to Group Chats, or any other activities deemed to be spamming by the Company.
Activities that exchange the right to use the Contents into cash, property or other economic benefits without Company's authorization.
Activities that use the Service for sales, marketing, advertisement, soliciting, or other commercial purposes(except for those approved by the Company); use the Service for the purpose of sexual conduct or obscene acts; use the Service for the purpose of meeting a person for sexual encounters; use the Service for the purpose of harassments or libelous attacks against other Users; or use the Service for purposes other than the Service's true intent.
Activities that benefit or collaborate with anti-social groups.
Activities that are related to religious activities or invitations to certain religious groups.
Activities that illegally or improperly lead to the collection, disclosure, or provision of other's personal information, registered information, user history, or the like.
Activities that interfere with the servers and/or network systems of the Service; that abuse the Service by means of BOTs, cheat tools, or other technical measures; that deliberately use defects of the Service; that make unreasonable inquiries and/or undue claims such as repeatedly asking the same question beyond the necessity, and that interfere with the Company's operation of the Service or User's use of the Service.
Activities that aid or encourage any activity stated in Clauses 1 to 9 above.
Users of the application are strictly prohibited from taking photos of any government or immigration facilities, including but not limited to military bases, police stations, customs offices, and other sensitive locations.
Other activities that are deemed by the Company to be inappropriate.

13. User’s Responsibility

Users are responsible for ensuring that they have the necessary rights and permissions to take photos and share them within the application.
Users must respect the privacy and consent of individuals when taking photos. It is essential to obtain permission from individuals before capturing their images, especially in private settings.
Users must adhere to all local laws and regulations related to photography and content sharing
Users shall use this Service at his/her own risk and shall bear all responsibility for actions carried out and their results upon this Service.
The Company may take measures that the Company considers necessary and appropriate, if the Company acknowledges that an User is using the Service in a way which violates the Terms and Conditions. However, the Company shall not be responsible for correcting or preventing such violations toward Users or others.
In the case where the Company has suffered loss/damage or has been charged an expense(including but not limited to lawyer's fees) directly or indirectly(including but not limited to cases where the Company has been sued for damages by a third party) due to the User's violating applicable laws or the Terms and Conditions while using the Service, the User shall immediately compensate the Company upon its request.
The Users will provide us with whatever proof of identity we may reasonably request or require(including your full name, contact, telephone number, email address, Identified Document(ID)(including ID number, date of issuance and place of issuance), individual taxpayer identification number);
The application encourages users to report any inappropriate content or violations of these prohibitions. Failure to comply with these prohibitions may lead to the removal of the offending content, suspension, or termination of the user's account, and possible legal consequences.

14. The Company's Exemption of Liability

The Company does not expressly or impliedly guarantee that the Service(including the Contents) are free from de facto or legal flaws(including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights). The Company shall not be responsible for providing the Service without such defects.
The Company shall not be responsible for any damages inflicted upon Users in relation to the use of the Service.
Notwithstanding the condition stated in clause 13.2 above, the Company shall not be responsible for any indirect, special, incidental, consequential or punitive damages(including but not limited to such damages that the Company or Users predicted or could have predicted) with respect to the Company's contractual default or act of tort due to the Company's negligence(except for gross negligence). The compensation for ordinary damages in respect to the Company's contractual default or act of tort due to the Company's negligence(excluding gross negligence) shall be limited to the total amount of received fees from the Users in the particular calendar month in which such damages occurred.
Your access to and use of the service is at your own risk. You understand and agree that the service is provided on an “as is” and “as available” basis and Sumica Senrigan expressly disclaims warranties or conditions of any kind, either express or implied. Sumica Senrigan (and its suppliers) make no warranty or representation and disclaim all responsibility for whether the service: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe. Sumica Senrigan disclaims all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of completing missions, fitness for a particular purpose, title and non-infringement. Sumica Senrigan will not be liable for any loss of any kind from any action taken or taken in reliance on material or information contained in the service. While Sumica Senrigan attempts to make your access to and use of the service safe, Sumica Senrigan cannot and does not represent or warrant that the service, content, content linked to or associated with any missions, or any missions you interact with using our service or our service providers’ servers are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. No advice or information, whether oral or obtained from the Sumica Senrigan parties or through the service, will create any warranty or representation not expressly made herein. You accept the inherent security risks of providing information and dealing online over the internet and will not hold Sumica Senrigan responsible for any breach of security.
We will not be responsible or liable to you for any loss and take no responsibility for, and will not be liable to you for, any use of or loss of use of missions, content, and/or content linked to or associated with missions, including but not limited to any losses, damages, or claims arising from: (a) user error, incorrectly constructed transactions, or mistyped addresses; (b) server failure or data loss; (c) unauthorized access or use; (d) any unauthorized third-party activities, including without limitation the use of viruses, phishing, brute forcing or other means of attack against the service.
No Sumica Senrigan party is responsible or liable for any sustained losses or injury due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the services. No Sumica Senrigan party is responsible for losses or injury due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting the missions, including forks, technical node issues or any other issues having losses or injury as a result.
The content and materials available on the Site are for informational purposes only and are not intended to address your particular requirements. In particular, the content and materials available on the Site do not constitute any form of advice or recommendation by us, and should not be regarded as an offer, solicitation, invitation, or recommendation to buy or sell investments, securities or any other financial services and is not intended to be relied upon by you in making any specific investment or other decisions. We recommend that you seek independent advice from financial advisors before making any such decision.
Nothing included in the site constitutes an offer or solicitation to sell, or distribution of, investments and related services to anyone in any jurisdiction.
From time to time, references may be made to the data we have gathered. These references may be selective or, maybe partial. As markets change continuously, previously published information and data may not be current and should not be relied upon.

15. Notification

When the Company notifies or contacts Users regarding the Service, the Company may use a method that the Company considers appropriate, such as posting on the website operated by the Company.

16. Governing Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of [Jurisdiction].

17. Photo request

When submitting a photo request, please provide clear and specific details about the desired photo, such as subject matter, composition, or any other relevant requirements.
You acknowledge that fulfilling a photo request is voluntary and subject to the availability and willingness of other users to provide the requested photo. We do not guarantee that every photo request will be fulfilled.

User-Provided Photos

Users who choose to fulfill photo requests by providing the requested photos are solely responsible for the content and legality of the photos they provide.

18. Photo contract

The User acknowledges that the Application operates on a blockchain network, and the availability and authenticity of the photos may vary. The Application cannot guarantee the accuracy, quality, or legality of the images available for purchase.
The User agrees to use the photo in compliance with applicable laws, regulations, and licensing terms specified by the original creator or rights holder.

19. Request approval

The Contributors agree that the decision of the Clients regarding the approval or rejection of a request is final and binding. The Client approves/disapproves within 6 hours (approval deadline) of receiving the photos. A clear reason is required for disapproval (Intentional or gross negligence) including prompt not met or bad quality of photos. If the approval deadline is missed, it will be automatically approved. Unapproved images will have a watermark.
The Clients shall provide accurate and complete information regarding the requested content, including any specific requirements. When approved, the contributor receives rewards

20. Contacting Us

Should you have any questions about these Terms and Conditions, or wish to contact us for any reason whatsoever, do not hesitate to drop us an email at [email protected]