Legal

Terms of Use

Effective date: May 19, 2026 · Last updated: May 19, 2026

These Terms of Use (the “Terms”) govern your use of the CapyClimb mobile application (the “App”) and your access to and use of the CapyClimb climbing gym(s) operated by TheCapybaraCompany (Corporate Registry Number: 1200-03-031084) (“CapyClimb,” “we,” “us,” or “our”), located at B1, 5-61-4 Nakano, Nakano-ku, Tokyo 164-0001, Japan.

We display these Terms as a “standard form contract” (定型約款) under Article 548-2 of the Japanese Civil Code at App registration, at each purchase, and at first entry to the gym. By creating an account, using the App, or entering a CapyClimb facility, you (“Member,” “you”) agree to be bound by these Terms. The Japanese-language version of these Terms (利用規約) is the authoritative version and controls in the event of any conflict with this English translation, which is provided for convenience only.

1. Scope

These Terms cover both:

  • Digital services — your use of the App, including account creation, profile, passes, memberships, in-app purchases, QR-code generation, the referral program, and any communications you send us through the App.
  • Physical access — your entry to and use of any CapyClimb gym, including climbing walls, equipment, common areas, and on-site purchases.

The following documents are incorporated by reference or apply alongside these Terms:

  • Privacy Policy — how we collect and use your personal data, under Japan’s Act on the Protection of Personal Information (APPI).
  • Specified Commercial Transactions Act Disclosures (特定商取引法に基づく表記) — required statutory disclosure for online sales.
  • Outbound Transmission Disclosure (外部送信規律に基づく公表事項) — disclosure under Article 27-12 of the Telecommunications Business Act (as amended, in force June 2023).
  • Climbing Waiver and Consent (誓約書兼同意書) — separately signed at first visit; see §7.5.
  • Off-Hours Access Consent (無人時間帯利用同意書) — separately signed at off-hours opt-in; see §6.4.
  • Gym Rules — posted at the gym and in the App; cover safety procedures, route etiquette, and facility-specific rules.

In case of conflict, the more specific or safety-related document prevails in the following order: Waiver → Gym Rules → Privacy Policy → these Terms.

2. Definitions

  • “Account” — your personal account in the App, identified by your email address and/or federated sign-in identity.
  • “Pass” — any day pass, multi-visit pass, or other non-recurring entry credit.
  • “Membership” — a recurring (monthly) subscription that grants ongoing access according to the plan’s terms.
  • “QR Code” — the short-lived code generated by the App to authenticate your entry or exit at a gym door.
  • “Content” — any text, photo, or other material you submit through the App.

3. Eligibility and accounts

3.1 Age

  • Members 18 years and older may create and operate an Account on their own.
  • Members aged 16 or 17 may create an Account only with written consent from a parent or legal guardian, submitted on the form provided by CapyClimb. The parent or guardian co-signs these Terms on the minor’s behalf and remains responsible for the minor’s compliance. We retain such consent documents for 5 years.
  • Members under 16 years of age may not hold an individual Account. They may use the gym only when accompanied by a parent or legal guardian who holds a valid Membership or Pass and assumes responsibility for them. Where another adult (coach, teacher, relative) accompanies the child in place of the parent or legal guardian, that adult must present a signed “Supervision Authorization Form” from the parent/legal guardian on arrival. We may verify the form and the relationship within reason.
  • Members under 6 years of age may not use the gym, for safety reasons.
  • Members under 18 years of age may not use the gym during off-hours (unstaffed periods) under §6.4, regardless of guardian presence or consent.

3.2 One account per person

You may hold only one Account. You must provide accurate, current information and keep it up to date. Misrepresentation (including age or identity) is grounds for termination under §12.

3.3 Account security

You are responsible for safeguarding your password and for any activity on your Account. Notify us immediately at support@capyclimb.com if you suspect unauthorized access. We may suspend an Account showing signs of compromise.

3.4 Consent to these Terms

You consent to these Terms by (i) ticking the “I agree to the Terms and Privacy Policy” checkbox and (ii) pressing the “Agree and register” button on the App’s sign-up screen. For paid plans (Memberships or Passes), the App displays a final order-confirmation screen requiring you to press a “Confirm purchase” button — this constitutes the confirmation measure required by the Act on Special Provisions of the Civil Code Concerning Electronic Consumer Contracts. We log your consent (timestamp, Terms version).

4. Memberships, passes, and auto-renewal

4.1 What you get

The current list of Memberships and Passes, their prices, and what each entitles you to is shown in the App and at the gym. We may update prices and benefits prospectively; existing Members will be notified before any change affecting them takes effect.

4.2 Auto-renewal

Memberships renew automatically on a monthly basis until you cancel. By purchasing a Membership in the App, you authorize CapyClimb to charge your payment method on each renewal date for the same plan amount.

In compliance with Article 12-6 of the Specified Commercial Transactions Act, the final confirmation screen at first Membership purchase displays:

  1. Quantity: “Recurring monthly, until you cancel.”
  2. Sales price: initial charge and each recurring charge.
  3. Payment timing and method: each renewal date and your registered payment method.
  4. Provision period: monthly, continuing until cancellation.
  5. Cancellation terms, method, and contact: cancel anytime via the App or by email (support@capyclimb.com).

In addition, we will:

  • Send a reminder email a few days before each renewal so you can cancel in advance.
  • Stop charging your payment method the moment you cancel (see §5).
  • Provide a cancellation flow that can be completed within three taps in the App, without retention dialogs or phone-confirmation requirements.

4.3 Passes

Day passes and multi-visit passes do not auto-renew. Multi-visit passes (e.g., 10-pass packs) carry a validity period of no more than six months from issuance, displayed at purchase and in the App. Unused entries expire at the end of this period and are not refundable, except as required by law. This design keeps multi-visit passes outside the scope of the Payment Services Act’s prepaid-payment-instrument regulation (Order for Enforcement of the Payment Services Act, art. 4 para. 2).

4.4 Personal use only

Memberships and Passes are personal and non-transferable. Sharing your Account, QR Code, or pass credits with another person is prohibited and is grounds for termination under §12.

4.5 Complimentary / promotional passes

At our discretion, we may issue day passes or multi-visit passes free of charge for invitations, special campaigns, influencer partnerships, or other promotional purposes (each, a “Complimentary Pass”).

  • Complimentary Passes are non-cash, non-transferable, may not be assigned to third parties, and have no monetary value.
  • Complimentary Passes are subject to the same rules as paid passes — including the 6-month validity under §4.3 and the personal-use rule under §4.4.
  • If a Complimentary Pass is resold, obtained improperly, or used in violation of these Terms, we may invalidate the pass and suspend the relevant Account.

4.6 Transition from Passes to a Membership

Where you sign up for a Membership while you still have unused entries on a multi-visit pass, those remaining entries are automatically paused (frozen) as of the Membership start date.

  • From the day after your Membership cancellation date (or expiration date), the remaining entries become usable again, and you must use them within 6 months from the resume date (this design keeps multi-visit passes outside the Payment Services Act prepaid-payment-instrument regulation).
  • The maximum freeze period is 12 months. If your Membership runs longer, the remaining entries expire and are not refundable.
  • Frozen pass balances are visible in the “My Page” screen of the App.

5. Payments, refunds, and the Initial-Membership Satisfaction Guarantee

5.1 Payment

All prices are shown in Japanese yen (JPY), inclusive of consumption tax. We accept the payment methods displayed at checkout. Payment is processed by our payment processor (the “Payment Processor”) as an entrustment under Article 27(5)(i) of the Act on the Protection of Personal Information (“APPI”); CapyClimb does not store your full card details.

The Payment Processor and other service providers may include entities located outside Japan (including in the United States, Ireland, and other countries). Personal data provided to such foreign entities is handled in accordance with Article 28 of APPI (provision to a third party in a foreign country) or Article 27(5)(i) of APPI (entrustment), and details — including the country of each provider, that country’s data-protection regime, and the measures each provider takes — are set out in the Privacy Policy.

5.2 Initial-Membership Satisfaction Guarantee

Note: This section describes a voluntary refund policy offered by CapyClimb. It is not a statutory cooling-off right under the Specified Commercial Transactions Act — climbing-gym Memberships do not fall within the closed list of “specified continuous services” to which statutory cooling-off applies.

For your first-ever Membership purchase with CapyClimb, you may cancel within 8 days of the purchase date and request a refund as follows:

  • No visits recorded during the window → full refund.
  • At least one visit recorded → pro-rata refund equal to the unused portion of the first month (rounded down to whole days), less a flat administrative fee published in the App at purchase (which we estimate as the “average loss” amount within the meaning of Article 9(1) of the Consumer Contract Act).

To exercise the Satisfaction Guarantee, send a request to support@capyclimb.com from the email address on your Account within the window. We will process the refund within 14 days to the original payment method.

The Satisfaction Guarantee applies only to your first Membership purchase. Subsequent renewals, second memberships, and Passes are not eligible.

5.3 Cancellation after the Satisfaction Guarantee window

You may cancel a Membership at any time through the App or by email. Cancellation takes effect at the end of the current paid period — you keep access until then, and no further charges are made. We do not refund partial months after the Satisfaction Guarantee window (because Memberships are designed as a monthly fixed-fee service, not a metered service).

5.4 Passes and physical goods

  • Passes are non-refundable once issued, except where required by law.
  • Physical goods purchased through the App (apparel, chalk, food/drink, etc.) may be returned in unused, original condition within 7 days of purchase, except for hygienic items (chalk, climbing shoes, food, drinks) which are final sale.
  • This return policy is also displayed at the checkout screen and on the Specified Commercial Transactions Act Disclosures page, as required by Article 11(1)(iv) and 11(5) of the SCT Act.

5.5 Failed payments

If a renewal payment fails, your Membership is suspended from the moment of the first failure — gym entry and the App’s QR functionality are unavailable during the suspension. We will retry up to three times over five days and notify you by email at your registered address at each step.

  • If a retry succeeds within the five-day window, your Membership resumes automatically.
  • If no retry succeeds within five days, the Membership is formally cancelled and reactivation requires a new successful payment.

This is designed to give you a clear signal to update your payment method while ensuring that gym access during unpaid periods is not permitted.

5.6 Statutory disclosure

A separate page titled “Specified Commercial Transactions Act Disclosures” (特定商取引法に基づく表記) contains the disclosures required by Japanese law for online sales. It is accessible from the App and from this document.

5.7 Outbound Transmission Disclosure

The App is subject to the “outbound transmission disclosure” rule (Art. 27-12, Telecommunications Business Act, in force June 2023). The categories of user information transmitted to external services, the recipients, and the purposes are set out on a dedicated “Outbound Transmission Disclosure” page within the App.

6. QR codes and gym access

6.1 Personal use

QR Codes generated in the App are bound to your Account and valid for a short time. You must not share, photograph for others, or transfer your QR Code. Each QR Code is single-use for the door it is scanned at.

6.2 Identification

Staff may ask to verify your identity (photo ID) when you enter the gym, especially when entering during off-hours or upon first visit. Refusal may result in denial of entry.

6.3 Door logs

We log each entry and exit (timestamp, door, Member ID) for security, capacity management, billing accuracy, and incident response. These logs constitute personal data; their purposes of use, retention period, third-party provision and entrustment rules, and disclosure / correction / suspension-of-use request procedures are set out in the Privacy Policy.

6.4 Off-hours access

  1. Off-hours (unstaffed) access is limited to Members aged 18 or older who have completed a staff-led safety orientation, submitted CapyClimb’s “Off-Hours Access Consent” form, and meet the requirements of (5) below. Members must have at least 2 logged visits during staffed hours before off-hours QR access is enabled.
  2. Solo use. During off-hours (unstaffed periods), solo use is permitted only where one of the following applies:
    • at the time of entry, the App confirms at least one other Member is in the gym; or
    • you select “solo use” in the App and expressly attest that you are not under the influence of alcohol or any drug, that you carry the personal accident insurance required under §6.4(5), and that you accept responsibility for responding to emergencies in accordance with the AED location and emergency contacts (119, our on-call number).

    In the solo-use case, CCTV recording continues and you must confirm the location and use of the SOS button posted in the climbing area. Please assist with occupancy confirmation on exit.

  3. For medical emergencies or accidents, follow the posted instructions (call 119, on-call number, AED location).
  4. Climbing under the influence of alcohol or any substance that impairs coordination or judgment is strictly prohibited at all times, and particularly during off-hours. Where a violation is confirmed (via CCTV, logs, witness reports, or other evidence), we may (i) suspend the Account for the relevant use, (ii) impose a permanent ban for repeated or severe violations or for any incident involving injury or damage (see §12.2), and (iii) seek damages for any loss caused to us or to third parties by the violation.
  5. Off-hours access requires you to carry personal accident insurance (or equivalent) under which you are the insured. You must self-certify your insurer and policy number (see §7.6).
  6. Transition from staffed to unstaffed hours — approximately 15 minutes before the end of the last staff member’s shift, our staff will inform all Members present in the gym, verbally and via in-App notification, that the unstaffed period is about to begin. Members who choose to remain in the gym after the last staff member’s shift ends are deemed to be using the facility under the off-hours regime: such Members must already satisfy all conditions of §6.4(1) (age, completed orientation, submitted Off-Hours Access Consent, supervised-visit history, personal accident insurance), and use the gym at their own judgment and responsibility in accordance with §6.4(1)–(5). Members who do not satisfy the conditions of §6.4(1) must leave the gym by the time the last staff member’s shift ends. However, in accordance with §7.4 and the final paragraph of §13, this paragraph does not exclude or limit liability arising from CapyClimb’s willful misconduct or gross negligence, liability for personal injury or death, or any other liability that cannot be excluded under the Consumer Contract Act or other mandatory Japanese law.
  7. Off-hours monitoring and emergency response — during off-hours use, we maintain (i) continuous CCTV recording, (ii) an SOS button installed in the climbing area, (iii) an on-call escalation path, (iv) an installed AED, and (v) additional measures such as motion-detection alerting, periodic remote CCTV review, and length-of-stay alerts. These measures do not guarantee complete safety of the facility and do not displace your own duty of care.

6.5 CCTV and on-site filming

CCTV cameras are installed at the gym for safety and security purposes. CapyClimb may also photograph or film the gym premises for marketing and promotional purposes. The purposes of use, third-party provision rules, and retention periods for such footage and images are set out in the Privacy Policy. Use of identifiable images of individuals for marketing purposes requires your separate consent.

6.6 Lost property

Items found at the gym are handled in three tiers, based on their nature and likely value:

Tier 1 — Disposable / low-value items (used tape, chalk brushes, water bottles, single socks, broken gear, unmarked towels, etc.): held at reception for 7–14 days, then disposed of. No police filing or individual notice for this tier.

Tier 2 — Personal effects of obvious value (gym bags, climbing shoes, clothing, branded items clearly belonging to an individual): held at reception for 30 days and posted on the in-App “Lost & Found” board with the date found, a photo, and a brief description. Members can browse and request retrieval through the App. After 30 days unclaimed, we may donate or dispose of the item.

Tier 3 — Valuables (wallets, cash, mobile phones, ID, keys, jewelry, electronics, or any item containing the owner’s name or contact information): we file with the local police station under Article 4 of the Lost Property Act (遺失物法) within approximately one week of finding the item. We hold the item per police instructions and follow the statutory period (generally 3 months) and the rules on transfer of ownership.

About Tier 2 in-App postings: when posting photos, we take reasonable measures (cropping, masking) to avoid showing names, ID information, or other personally identifying details visible on the items. The purposes of use, third-party provision, and retention periods for these photos are set out in the Privacy Policy.

We are not responsible — absent willful misconduct or gross negligence on our part — for damage, loss, or theft of valuables (cash, wallets, ID, electronic devices) during reception storage, during the in-App Lost & Found posting period (Tier 2), or before police filing (Tier 3).

7. Climbing risk and assumption of risk

7.1 Climbing is dangerous

Indoor climbing, bouldering, and related activities involve risk of serious injury or death, including but not limited to: falls, collisions, equipment failure, sprains, fractures, head injuries, and dislocations. No safety measure can eliminate these risks.

7.2 Your acknowledgement

By using a CapyClimb facility you acknowledge:

  • You have read and understood these risks.
  • You are participating voluntarily and accept self-responsibility for consequences arising from your own conduct or the conduct of other climbers.
  • You are in adequate physical condition to climb and are not impaired by alcohol, drugs, or medication that affects coordination or judgment.
  • You will follow all posted Gym Rules, signage, and staff instructions.
  • You will use safety equipment correctly and will not use the gym in a way that endangers yourself or others.
  • You will not attempt techniques or routes beyond your ability without appropriate instruction.

This section confirms your acceptance of responsibility for the consequences of your own conduct and the conduct of other climbers. It does not release CapyClimb from liability for its own breach of contract or tortious conduct, including ordinary negligence.

7.3 For minors

A parent or legal guardian who consents to these Terms on behalf of a minor supervises the minor’s compliance and acknowledges, on the minor’s behalf, the risks described in §7.1 and §7.2 as they apply to the minor’s use of the gym. This section does not, and is not intended to, extinguish or limit the minor’s own legal rights.

7.4 Reservations (Consumer Contract Act)

Nothing in this section limits liability for (i) damages caused by CapyClimb’s willful misconduct or gross negligence (including personal injury), or (ii) any liability that cannot be excluded under the Consumer Contract Act or other mandatory Japanese law.

7.5 Waiver and safety orientation

On your first visit, you (or, for a minor, the parent or legal guardian) must sign and submit a separate “Climbing Waiver and Consent” (誓約書兼同意書) and complete a staff-led safety orientation. Submission of the waiver and completion of the orientation are preconditions to gym entry. We may require renewal of the waiver every 24 months or upon material changes to the facility or operating model.

7.6 Insurance

CapyClimb maintains appropriate premises liability insurance (施設賠償責任保険). We strongly encourage you to carry personal accident insurance. Personal accident insurance is required for off-hours access (see §6.4(5)).

8. Code of conduct

You agree to:

  • Treat all staff, members, and guests with respect. Harassment, discrimination, abusive language, and unwanted physical contact are not tolerated.
  • Follow staff instructions and posted safety rules at all times.
  • Not photograph or record other members or staff without their consent, and never post identifiable images of others to social media without their consent.
  • Maintain basic hygiene and wear clean indoor climbing shoes inside the climbing area.
  • Yield routes and follow standard climbing etiquette (don’t climb under or over someone, don’t sit at the base of an active route, downclimb when possible).
  • Avoid jumping down from the top of routes — downclimb whenever possible.
  • Avoid wearing earbuds/headphones, loose/unsecured hair, loose clothing, or jewelry while climbing.
  • Not bring outside food, alcohol, or pets (except service animals) into the climbing area.
  • Report safety issues (worn holds, loose pads, damaged equipment) to staff promptly. Reports may be made in person to staff in the gym, or via the “Report a safety issue” button in the App. We aim to review reports within 24 hours.
  • Rest and wait outside the mat area only. Sitting, standing, or waiting under or near an active climbing route is prohibited (to prevent collisions with falling climbers or falling objects).
  • No smoking or vaping anywhere in the facility.
  • Alcohol: bringing or consuming alcohol at the gym (including the café area) is currently prohibited. If we introduce limited alcohol service in the café area in the future, subject to appropriate licenses (酒類販売業免許), we will update these Terms and notify you before it takes effect.
  • Do not jump down from the top of routes; downclimb whenever possible. Falling outside the mat area or jumping from height is strictly prohibited as extremely dangerous.
  • If you wear glasses, we recommend using an eyeglass band for safety in case of a fall.
  • Choose routes appropriate to your skill and condition. Routes that are not officially set (e.g., problems set by other Members) may not have been safety-checked by staff for hold stability or grade accuracy.
  • A Member who stands, sits, or waits under or near an active climbing route and is struck by a falling climber will, for our operational purposes, be treated as having breached this section’s rule (rest/wait outside the mat area). Final legal liability between the parties is determined by the Civil Code and other applicable law based on the actual facts, and is not modified by this rule.
  • Members are liable for damage to the facility, holds, or equipment caused by their negligence or willful conduct. We may seek reimbursement of repair, replacement, and investigation costs from the responsible Member.
  • Lockers: manage your locker code yourself. If you forget your code and cannot retrieve your belongings, for security reasons unlocking is done after closing (or, during unstaffed periods, on the next staff arrival).

Violation may result in warning, temporary suspension, or permanent termination (including a permanent ban) under §12.

9. Referral program

If you refer a friend using your personalized link in the App:

  • Your friend receives a free day pass on first sign-up, valid as displayed in the App at the time of issuance.
  • You receive a reward (currently: one free coffee at the gym café) after your friend’s first visit.

Rewards are non-cash, non-transferable, and have no monetary value. Self-referrals, referrals to other accounts you control, and any form of abuse void the reward and may result in termination.

10. User Content

When you submit feedback, check-in survey responses, photos, or other Content through the App:

  • You retain ownership of your Content.
  • You grant CapyClimb a worldwide, royalty-free, non-exclusive license to use, reproduce, adapt, and analyze your Content strictly within the purposes of use disclosed in the Privacy Policy, for operating, improving, and promoting the App and the gym.
  • Where Content contains personal information of third parties (including identifiable photographs of other people), you represent and warrant that you have obtained those third parties’ consent to such use.
  • CapyClimb will not use such personal information for any purpose not disclosed in the Privacy Policy.
  • You confirm you have the rights to the Content you submit and that it does not infringe anyone’s rights.
  • We may remove or refuse to publish any Content at our discretion.

11. Intellectual property

The App, the CapyClimb name, logo, capybara mascot, gym branding, route names and grading data, photographs, and all related materials are owned by CapyClimb or its licensors and are protected by intellectual property law. Except for the rights expressly granted in these Terms, you receive no license to use any of these materials. You may not copy, modify, reverse-engineer, or create derivative works of the App.

Where we identify unauthorized use, reproduction, distribution, public transmission, or other infringement of our intellectual property, we may immediately suspend the relevant Account and take appropriate legal action — including claims for damages, injunctive relief, and, where applicable, criminal proceedings.

12. Suspension and termination

12.1 By you

You may close your Account at any time through the App or by email to support@capyclimb.com. Closing your Account does not waive any unpaid amounts or refund any non-refundable charges.

12.2 By us

We may suspend or terminate your Account or deny gym access, with or without prior notice, if:

  • You materially violate these Terms, the Gym Rules, the Waiver, or applicable law.
  • You endanger the safety of yourself, other members, or staff.
  • You engage in harassment, discrimination, theft, fraud, or abusive conduct.
  • Your payment method fails and is not corrected per §5.5.
  • We are required to do so by law or by a competent authority.
  • You breach the antisocial-forces representation under §12.3.
  • During off-hours, you used the gym under the influence of alcohol or any substance, as confirmed by CCTV, logs, or other evidence (see §6.4(4)).

For severe violations, repeated violations, or violations involving safety incidents or damage, we may impose a permanent ban (blacklist) on the Member. To prevent re-registration, we retain the minimum personal data necessary (name, date of birth, registered email, partial ID information at registration) for the retention period set out in Privacy Policy §5.

We will refund any pre-paid, unused, eligible amounts in case of termination not caused by your fault. No refund is made where termination is caused by your fault.

12.3 Exclusion of antisocial forces

You represent and warrant that, as of now and during the past five years, you are not, and you have no relationship with, any member of organized crime groups (暴力団員), quasi-members, associated enterprises, racketeers (総会屋), socially-oriented racketeers (社会運動標榜ゴロ), or special-intelligence violence groups (collectively, “Antisocial Forces”), and you have no funding or other relationships with Antisocial Forces.

If we determine that you fall within Antisocial Forces or have a relationship with Antisocial Forces, we may immediately suspend your Account and terminate this contract without prior notice. No refund of unused portions will be made for such termination, and we reserve the right to claim damages for any harm we suffer as a result.

13. Disclaimers and limitation of liability

To the maximum extent permitted by Japanese law:

  • We do not warrant uninterrupted operation or that the App will be completely free of defects. We will, however, use reasonable efforts to operate the App in accordance with these Terms and the related specifications.
  • We are not liable for indirect losses arising from your temporary inability to access the App or the gym due to maintenance, technical issues, force majeure, or temporary closure. However, where a continuous outage of the App or the gym exceeds 72 hours, we will use reasonable efforts to provide a pro-rata credit of monthly fees or extend the service period for an equivalent duration.
  • Excluding claims for personal injury or death, our liability based on ordinary (light) negligence for any claim relating to these Terms or your use of CapyClimb services shall not exceed the total amount you paid to CapyClimb in the twelve (12) months before the event giving rise to the claim.

Nothing in these Terms excludes or limits (i) liability for damages caused by our willful misconduct or gross negligence, (ii) liability for personal injury or death, or (iii) any other liability that cannot be excluded under the Consumer Contract Act or other mandatory Japanese law.

14. Changes to these Terms

We may update these Terms from time to time. Such changes may only be made where they (i) conform to the general benefit of Members, or (ii) do not conflict with the purpose of the contract and are reasonable in light of the necessity of the change, the substance of the change, the timing of effect, and other relevant circumstances (Article 548-4 of the Civil Code).

When changes are made, we will:

  • Post the updated Terms in the App and on our website with a new “Last updated” date.
  • For material changes, notify you in the App and by email to your registered address at least 30 days before the change takes effect, with the content of the change and the effective date.
  • Treat your continued use after the effective date as acceptance of the updated Terms. If you do not accept, you may cancel under §5 or close your Account under §12.1 before the effective date. For cancellation or closure made before the effective date, we will refund any unused portion of monthly fees pro rata.

15. Governing law and jurisdiction

These Terms are governed by the laws of Japan. Any dispute arising out of or relating to these Terms or your use of CapyClimb services shall be subject to the agreed jurisdiction (合意管轄) of the Tokyo District Court or the Tokyo Summary Court (depending on the amount in dispute) as the court of first instance. This does not exclude the jurisdiction of any court (e.g., the consumer’s domicile court) recognized by the Consumer Contract Act or other mandatory Japanese law.

16. Language

The Japanese-language version of these Terms (利用規約) is the authoritative version. This English translation is provided for convenience only. In the event of any conflict between the Japanese and English versions, the Japanese version controls.

17. General provisions

17.1 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect. The invalid or unenforceable provision shall be reduced or reinterpreted to the smallest extent necessary to make it valid and enforceable while preserving its original intent.

17.2 Notices

Our notices to you may be given by email to your registered address, by in-App notification, or by posting on our website. Your notices to us must be sent to the contact in §18.

17.3 Force majeure

We are not liable for delay or non-performance of our obligations under these Terms caused by earthquakes, tsunamis, typhoons, pandemics, war, terrorism, power or telecommunications outages, administrative orders, or other circumstances beyond our reasonable control. This does not limit our liability under §13 for personal injury or under mandatory law.

18. Contact

Questions, complaints, or requests under these Terms:

  • Email: support@capyclimb.com
  • Postal: TheCapybaraCompany, B1, 5-61-4 Nakano, Nakano-ku, Tokyo 164-0001, Japan
  • In-app: Tap the headphones icon in the top-right of the My Pass tab to start an email to support@capyclimb.com.

See also: