This NFT Shop Agreement (hereinafter referred to as "the Agreement") stipulates matters which must be observed by purchasers (hereinafter referred to as “the Purchaser") upon purchasing products as a digital asset (hereinafter referred to as "the NFT") from the online shop (hereinafter referred to as "the Shop") operated by Konel Inc. (hereinafter referred to as "the Company"), and the relationship of rights and obligations between the Company and the Purchaser. Upon purchasing the NFT, please read the entire document before agreeing to the Agreement.

Article 1 Purpose

The purpose of this Agreement is to define the rights and obligations between the Company and Purchaser concerning the terms and conditions of the purchase and granting of the NFT which are contemplated for use by the Purchaser within the Shop.

Article 2 Definition

The following terms used in the Agreement have the meanings set forth below.
(1) "Wallet" refers to the account designated by our Company and administered by the Player for the Purchaser to manage the NFT.
(2) "ETH" means Ethereum, or a unit of Ethereum, which is a cryptographic asset (also referred to as virtual currency. The same applies throughout this document).
(3) "Address" means an account for the management or custody of ETH or other cryptographic assets (includes, but is not limited to, wallets).
(4) "Reference ETH rate" refers to the exchange rate between ETH and Japanese yen at 0:00 AM at the market designated by our company on the day immediately preceding the date on which the grant of the NFT under the individual contract commences.
(5) "Individual contract" refers to the sales contract to be concluded between the Company and the Purchaser under the provisions of Article 7.
(6) "Receiving address" refers to the address owned by the Purchaser to receive the NFT from our Company, and the address must be notified to the Company in the manner set forth by the Company.
(7) "Sending address" refers to the address used by the Purchaser to send ETH to our Company in exchange for the NFT, and the address must be notified to the Company from the Purchaser in the manner set forth by the Company.
(8) "The Company address" refers to the address used to receive ETH from the Purchaser in exchange for the NFT, and refers to the address which our Company notifies to the Purchaser.
(9) "The Company website" refers to the site operated by the Company where the domain is https://100copiedbanana.com/
(if the domain or content of the website is changed for any reason, includes the changed website.).
(10) "Returning address" refers to the address to which the Company shall return the ETH received from the Purchaser for any reason, and the address must be notified to the Company from the Purchaser in the manner set forth by the Company.
(11) "Usage Contract" refers to the contract to be concluded between the Company and the Purchaser under the provisions of Article 3.
(12) "Contracts" is a general term for the Usage Contract and the Individual Contract.

Article 3 Registration

1. Any person who wishes to purchase the NFT in the Shop (hereinafter referred to as "Registration Applicant") may apply to the Company for registration in the Shop by agreeing to comply with the Agreement and by providing the Company with information (hereinafter referred to as "Registration Information") specified by the Company in the manner set forth by the Company.

2. The application for registration must be made by the individual or the corporation itself who will purchase the NFT in the shop, and application for registration by an agent is not allowed in principle. Registration Applicants must also provide the Company with true, accurate, and current information when applying for registration.

3. The Company may refuse registration if the person who applied for registration under Section 1 falls under any of the following items.
(1) If the Company determines that there is a risk of breaching the Agreement
(2) If all or part of the Registration Information provided to the Company is false, erroneous, or incomplete
(3) If the person has been canceled their registration in the Shop in the past
(4) If the person is a minor, an adult ward, a person under curatorship, or a person under assistance and has not obtained consent from the statutory agent, guardian, curator, or assistant
(5) Other cases where the Company reasonably determines that the registration is not appropriate

4. Per the preceding Section and other Company standards, the Company will determine whether or not the Registration Applicant is eligible for registration, and if the Company approves registration, the Company will notify the applicant accordingly. Upon such notice, the registration of the Registration Applicant with the Shop will be completed, and the Registration Applicant will establish a Usage Contract with the Company regarding the use of the Shop under the provisions of the Agreement as a Purchaser.

5. In the event of any change in the Registration Information, the Purchaser shall notify the Company of such change without delay in the manner set forth by the Company and submit the materials requested by the Company. The Company shall not be liable for any damages caused to the Purchaser as a result of any false, erroneous, or incomplete Registration Information.

Article 4 Use of the Shop

The Purchaser may use the Shop during the active term of the Usage Contract under the Agreement and following the methods set forth by the Company.

Article 5 Managing Account Information

1. The Purchaser shall, at their responsibility, manage and retain the ID and password (hereinafter referred to as "Account Information") of the Shop, information concerning the Wallet and its private key to access such information (hereinafter referred to as "Wallet Information"), and except as specified by the Company, the information shall not be used, lent, transferred, changed in name, or sold to a third party.

2. Our company assumes no responsibility or liability for damages caused by improper management of Account Information or Wallet Information (this includes, but is not limited to, loss or forgetting of Account Information or Wallet Information), improper use, use by a third party, or third party attacks (including but not limited to malware, spyware, viruses, hacking, cracking, etc.) on computers, software or other equipment, communication lines, or other communication environments managed by the Purchaser.

3. If the Purchaser discovers their Account or Wallet Information stolen, lost, or is used by a third party, the Purchaser shall immediately notify the Company thereof and comply with instructions from the Company.

Article 6 Obligations of the Company

The Company obligations under the Contracts are solely to grant the NFT to the Purchaser, that is, to make certain records on the Blockchain regarding the Purchasers' possession of the NFT, and it assumes no other obligations. Further, the Company does not grant to Purchasers any ownership interest, equity interest, stock, income or other similar rights, intellectual property rights, or any other rights of any kind of the Company other than granting the NFT.

Article 7 Establishment of Individual Contracts and Granting of the NFT

1. In applying for the purchase of the NFT, the Purchaser shall, at its own expense and responsibility, prepare and retain the receiving, returning, and sending addresses for the NFT.

2. If the Purchaser proposes to purchase the NFT, the Purchaser shall notify the Company of the information specified by the Company concerning the NFT it desires to purchase in the manner specified by the Company, and the Company's acceptance of such proposal shall constitute an agreement under the Agreement (hereinafter referred to as "Individual Contract") to grant the such NFT.

3. The Purchaser shall deliver to the Company the quantity of ETH specified by the Company in exchange for the NFT in the manner specified by the Company after the constitution of the Individual Agreement and no later than the date separately specified by the Company. Any costs incurred in sending such ETH shall be borne by the Purchaser.

4. Upon receipt of the ETH outlined in the preceding Section, the Company shall, subject to the conditions outlined in the following Article, send the NFT to be purchased by the Purchaser to the receiving address.

5. Since it may take a certain period to grant the NFT due to system limitations, the Purchaser agrees that it may take time from the application in Section 1 to completion of the grant of the NFT under the preceding Section.

6. Any Purchaser who is a minor, an adult ward, a person under curatorship, or a person under assistance shall obtain the consent of their statutory agent, guardian, curator, or assistant in applying for the purchase of the NFT.

Article 8 Preconditions for Granting the NFT

Granting of the NFT as outlined in Section 4 of the preceding Article is subject to the satisfaction of all of the following conditions unless waived in writing by the Company.
(1) The Company has determined to grant the NFT to the purchaser.
(2) The Purchaser's representation and warranty of fact under Article 10 and the information and documents the Purchaser provides the Company concerning the Individual Contract shall be accurate and free from any facts necessary to avoid misunderstanding when the Company decides to grant the NFT under Section 4 of the preceding Article.
(3) The Purchaser understands and approves the risks outlined in Article 11.
(4) In addition to points determined in the preceding items, the Purchaser has not violated the Agreement.

Article 9 Security

1. The preparation and maintenance of computers, software, and other equipment, communication lines, and other communication environments necessary for the Contracts shall be performed at the expense and responsibility of the Purchaser.

2. The Purchaser shall, at its own expense and responsibility, take security measures for the management of addresses and NFT, such as prevention of computer virus infection, unauthorized access, and information leakage.

Article 10 Representations and Warranties

The Purchaser represents and warrants to the Company, as of each Individual Contract date, that the following facts are true.
(1) The Purchaser must read the entire Agreement (this includes the provisions regarding the NFT and the Shop posted on the Company Website) and fully understand its contents.
(2) The Purchaser shall have the full authority to enter into and perform its obligations pursuant to the Individual Contract, shall have performed all necessary procedures in accordance with all laws and regulations required to enter into the Individual Contract, shall have completed necessary procedures such as licensing and notification, and shall not have breached any conditions attached thereto. An Individual Contract constitutes a lawful, valid, and legally binding obligation of the Purchaser and is enforceable against the Purchaser in accordance with its terms.
(3) The establishment of the Individual Contract is decided after obtaining sufficient information on the NFT.
(4) The Purchaser understands that the purchase of the NFT means only the granting of the NFT, and that the purchase of the NFT does not entitle the Purchaser to any rights with respect to the Company or the Company affiliates.
(5) The Purchaser is not a citizen, inhabitant, resident, or sojourner of a country or region in which the purchase of the NFT is prohibited, restricted, or otherwise regulated by law, etc.

Article 11 Risks

The Purchaser shall confirm to the Company the risks associated with the purchase of the NFT as outlined in the following items and acknowledge such risks.
(1) Price fluctuation risk
The price of the NFT may be affected by market trends, natural disasters, wars, political changes, strengthened regulations, and other unexpected or special events related to the sale of the NFT.
(2) Uncertainty of information
The Company may provide some information related to the NFT on its website, SNS, etc., but such provision of information is provided only as a plan and does not guarantee the truthfulness, accuracy, or feasibility of such information.
(3) Risks inherent in the NFT
Since the NFT is not a legal currency, its value is not guaranteed by a specific organization, and there is a possibility that the NFT itself has risks such as bugs in the program.
(4) Liquidity Risk
The Company does not guarantee the possibility of P2P transactions or exchange of the NFT for ETH or other cryptographic assets.
(5) Risks associated with hard forks
The NFT is issued using the blockchain of ETH, and there is a risk that it will become incompatible due to the hard fork of the blockchain.
(6) Cyber-attack risks
There is a risk that information on the owner address of the smart contract related to the NFT may be leaked due to a cyberattack, and as a result, the NFT owned by the Purchaser may be sent to a third party without permission.
(7) Network risks
Since the transactions of the NFT are conducted using the blockchain mechanism, the granting of the NFT may take a certain time, and there are possibilities such as the granting of the NFT may not be reflected to the address, or the granting of the NFT may be canceled. Further, the NFT is recorded electronically and its transfer is done over the network, so there is a risk that it may become lost.
(8) Address-related risks
If the Purchaser loses the private key necessary to access the address for managing or storing the NFT, the purchaser may not be able to use the NFT.
(9) Risks of changes in laws and tax systems
The laws, regulations, and tax systems related to the NFT are fluid. There is a risk that in the future, due to changes in laws, regulations, tax systems or policies, etc., the granting of the NFT may become prohibited, restricted or the taxation may be strengthened, and the holding or transaction of the NFT may be restricted, or the NFT may be treated more disadvantageously than the current situation.
(10) Risks associated with the type and number of the NFT
As the types and number of the NFT sold by the Company in the Shop are limited, the buyer may not be able to purchase the desired NFT.
(11) Other risks
Upon payment for the purchase of the NFT, there is a possibility that a third party may pretend to be our Company, display an incorrect address, and defraud the ETH to be sent from the Purchaser.

Article 12 Taxes and Public Dues

Any taxes and public dues imposed on the Purchaser related to the purchase of the NFT shall be borne by the Purchaser. Further, the type and amount of taxes and public dues imposed on the Purchaser shall be confirmed at the Purchaser's responsibility.

Article 13 Prohibited Acts

When using the Shop or purchasing the NFT, the Purchaser shall not engage in any acts that apply to the following items.
(1) An act of infringing any intellectual property right, image rights, right of privacy, honor, or other right or interest of the Company, other Purchasers, or other third parties (including the act of directly or indirectly causing such infringement.)
(2) An act of using data related to the NFT for purposes other than the Purchaser's personal use other than on the blockchain (this includes the act of reproducing or providing the data to a third party outside the blockchain or the act of making a product based on the data.)
(3) An act of purchasing the NFT using cryptographic assets associated with criminal proceeds
(4) Acts related to criminal acts or acts contrary to public order or morals
(5) Violation of regulations of the law or the internal rules of the Company or the industry association to which the player belongs.
(6) An act of transmitting information containing computer viruses or other harmful computer programs
(7) An act of falsifying available information in relation with the Shop and the NFT
(8) An act of transferring or receiving the NFT to a third party in a manner other than as designated by the Company
(9) An act of impersonating another person or using another person's account to use the Game
(10) An act of creating multiple accounts
(11) An act of interacting with the Shop's software and using a program that the Company has not authorized to use
(12) An act of decoding, decompiling, decomposing, or reverse-engineering the software used for the providing of the Shop or the NFT
(13) An act of altering the Shop or the NFT
(14) An act which may interfere with the operation of the Shop by the Company
(15) Any other act which the Company reasonably considers inappropriate

Article 14 Suspension of the Shop, etc.

1. The Company may suspend or discontinue all or part of the use of the Shop without prior notice to the Purchaser if any of the following applies.
(1) If inspection or maintenance of the computer system related to the Shop is performed periodically or urgently
(2) If computers, communication lines, etc. are stopped due to an accident
(3) If the Shop cannot be operated due to fire, power failure, natural disaster, or another force majeure
(4) If a network problem occurs with the handling of the NFT, such as a rise in GAS or clogging of transactions
(5) Any other case in which the Company reasonably determines that suspension or discontinuation is necessary

2. The Company may terminate the offer of the Shop or change the specifications of the Shop at the Company's convenience.

3. The Company shall not be liable for any damages incurred by the Purchaser under the measures taken by the Company under this Article.

Article 15 Burden of Equipment, etc.

1. The preparation and maintenance of smartphones, computers, software, and other equipment, communication lines, and other communication environments necessary for using the Shop shall be performed at the expense and responsibility of the Purchaser.

2. The Purchaser shall, at its own expense and responsibility, take security measures such as prevention of computer virus infection, unauthorized access, and information leakage depending on the environment in which they use the Shop.

3. When the Purchaser installs software or downloads data concerning the use of the Shop, the Purchaser shall take due care not to cause loss or altering of information possessed by the Purchaser, or to cause the malfunction or damage of equipment. The Company shall not be liable for any such damages incurred by the Purchaser.

Article 16 Denial and Disclaimer of Guarantee

1. The NFT is provided as-is and to the extent that it can be provided, and the Company does not make any guarantee of any kind concerning the NFT, including, but not limited to, its fitness for a particular purpose, commercial utility, completeness, or continuity.

2. The Company does not guarantee that the NFT itself or the possession and delivery of the NFT will not be subject to attack by viruses or other malicious third parties.

3. If the Purchaser receives any information regarding the NFT directly or indirectly from the Company, the Company makes no guarantee to the Purchaser above the obligations of the Company expressly outlined in the Agreement.

4. The Company does not guarantee that the reliability, currentness, or flawlessness, or any other condition of the NFT expected by the Purchaser will be fulfilled.

5. The Company does not guarantee that any defects found in the NFT system will be corrected in the future.

6. The Company may, at the Company's discretion, issue additional NFT and shall not be liable to the Purchaser for any damages that may arise concerning such issuance.

Article 17 Attribution of Rights

All intellectual property rights (copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including the right to acquire those rights or to apply for registration of those rights)) relating to the NFT and any work relating to the Shop (this includes, but is not limited to, images and images associated with the NFT. The same shall apply hereinafter in this Article) belong to the Company or a party permitting license to the Company, and the grant of the NFT under the Individual Agreement does not mean the transfer or licensing of intellectual property rights of the Company or any party permitting licensing to the Company relating to the NFT or any work relating to the Shop. The Purchaser shall not conduct any acts (this includes, but is not limited to, disassembly, decompilation, and reverse-engineering) that may infringe the intellectual property rights of the Company or any party permitting licensing to the Company for any reason.

Article 18 Handling of Information

1. Personal information obtained by the Company through the use of the Shop by the Purchaser shall be handled according to the privacy policy separately stipulated by the Company. Upon using the Shop, the Purchaser will agree to the Company handling the personal information under the Privacy Policy.

2. The Purchaser will agree that the Company may analyze the purchase, browsing, and other activity history at the Shop (including cases where such analysis is performed using information related to the address of the purchaser.).

Article 19 Compensation

1. If the Purchaser causes any damage to the Company or a third party concerning the Contracts, the Purchaser shall be liable for such damage (this shall mean not only direct damages and ordinary damages but also all damages including lost profits, loss of business opportunity, loss of data, business interruption, other indirect damages, special damages, consequential damages and incidental damages.).

2. If the Company receives a payment request or any other claim from a third party as a result of the Purchaser's action concerning the NFT, the Purchaser shall promptly, at the Purchaser's expense, take the necessary steps to prevent the Company from directly receiving such payment request or claim.

Article 20 Compensation for Damages

1. The company shall not be liable for any damages suffered by the Purchaser concerning the NFT. If the Company is liable to the Purchaser for any damages arising out of the application of the Consumer Contract Act or for any other reason, the Company's liability shall be limited to an amount equivalent to the Japanese yen equivalent to the reference ETH rate received from the Purchaser under the relevant Individual Contracts.

2. Notwithstanding any other provision, concerning any damage suffered by the Purchaser concerning the NFT, the Company shall indemnify against such damage if such damage is due to the Company's default or tort and the Company's willful misconduct or gross negligence.

Article 21 Force Majeure

The Company shall not be liable to the Purchaser for any delay in performance of its obligations under the Contracts due to circumstances beyond the reasonable control of the Company (this includes, but is not limited to, fire, power failure, hacking, computer virus intrusion, earthquake, flood, war, plague, trade stoppage, strike, riot, inability to secure goods and transportation facilities, or intervention by government authorities.) for the duration of such circumstances.

Article 22 Termination of Usage Contract (Cancellation of Registration), etc.

1. The Company may, without prior notice or demand, temporarily suspend the use of the Shop or cancel the registration of the Purchaser and terminate the Contracts if the Purchaser falls under any of the following items.
(1) Violation of any provision of the Agreement
(2) Discovery of false facts in the Registration Information
(3) Used or attempted to use the Shop for any purpose or in any way that may cause damage to the Company, other Purchasers, or any other third party
(4) The operation of the Shop is obstructed by any means
(5) When payment is suspended or insolvent, or there is a petition for bankruptcy proceedings, civil rehabilitation proceedings, or commencement of similar proceedings
(6) A bill or check issued by oneself or an underwritten bill or check has been dishonored, or a disposition of suspension of transactions of a clearinghouse or other similar measures have been taken
(7) When a petition for seizure, provisional seizure, provisional disposition, compulsory execution, or auction has been filed
(8) Upon receiving a disposition for failure to pay taxes or other public charges
(9) If the Purchaser has died or has become subject to a ruling for the commencement of guardianship, curatorship, or assistance
(10) Falls under any of the items in Article 3 Section 3
(11) Other cases where the Company determines that it is not appropriate to continue registration as a Purchaser

2. If any of the items of the preceding Section is applicable, the Purchaser shall automatically forfeit the benefit of time with respect to all debts owed to the Company and immediately make payment of all debts to the Company.

3. The Company shall not be liable for any damages incurred by the Purchaser arising out of the actions taken by the Company under this Article.

4. For Individual Contracts that have already been executed at the time of termination of the Usage Contract, unless the Individual Contract is terminated separately, the Individual Contract shall remain in effect until all obligations based on the Individual Contract are performed, and this Agreement shall be applicable to that extent.

Article 23 Elimination of Antisocial Forces

1. If the Company determines that the Purchaser, the Purchaser's agent, or the person who acted as an intermediary in concluding the Usage Contract (in this Article, includes Individual Contracts and other contracts entered into related with the Usage Contract.) is an antisocial force (this shall mean an organized crime group, a member of an organized crime group, an associate member of an organized crime group, a company associated with an organized crime group, a corporate racketeer, or any other group or individual who pursues economic benefits using violence, force or fraudulent means. The same applies throughout this document.), the Company may immediately cancel the Usage Contract prospectively by notifying the Purchaser without requiring any notice.

2. Except as provided in the preceding Section, if it is found that any director, auditor, employee or other member, shareholder, business partner, consultant or other advisor of the Purchaser is an antisocial force, or that the Purchaser is engaging in any kind of exchange or involvement with an antisocial force, such as cooperating or participating in the maintenance, operation or management of an antisocial force such as by providing funds or other means, the Company may immediately cancel the Usage Contract prospectively by notifying the Purchaser.

3. The Company shall not be liable for any damages suffered by the Purchaser out of the cancellation outlined in this Article.

Article 24 Confidentiality

1. In the Contracts, the term "Confidential Information" refers to all information related to the Company's technology, operations, finances, organizations, and other matters (includes matters related to the NFT and the shop.) that the Purchaser has been provided or learned orally, in writing, or via any other recording medium, etc. from the Company concerning the Contracts. However, Confidential Information shall exclude (1) any information that has already become publicly known or has already been known to the public at the time of provision or disclosure from the Company, (2) any information that has become publicly known through publications or other sources after provision or disclosure from or after such provision or disclosure has been made or has become known to the public for reasons not attributable to the individual, (3) any information lawfully acquired from a third party authorized to provide or disclose without being obliged to maintain confidentiality, (4) any information developed independently without relying on Confidential Information, and (5) any information confirmed by the Company in writing to the effect that there is no need to maintain confidentiality.

2. The Purchaser shall use the Confidential Information only to purchase the NFT and shall not provide, disclose or leak our company's Confidential Information to any third party without the Company's written consent.

3. The Purchaser shall return or dispose of the Confidential Information and any documents or other recording media containing the Confidential Information, and all copies thereof, without delay upon termination of the Usage Contract or at any time requested by the Company per the Company's instructions.

Article 25 Prohibition of Transfer

1. The Purchaser shall not transfer to a third party, pledge, or otherwise dispose of any position under the Contracts or any rights or obligations under the Contracts without the prior written consent of the Company.

2. If the Company transfers (business transfers, company splits, or any other manner.) the NFT or the business relating to the Shop to a third party, the Company may transfer to the transferee the status under the Contracts, rights and obligations under the Contracts, and information relating to the Purchaser and other information, and the Purchaser agrees to such transfer in advance in this Section.

Article 26 Complete Agreement

Contracts constitute the complete agreement between the parties concerning the matters contained in the Contracts and supersedes any prior agreement, representation, and understanding, whether oral or written, concerning the matters stipulated in the Contracts between the parties.

Article 27 Separability

If any provision of the Agreement or any portion thereof is held to be invalid or unenforceable, the remaining provisions of the Agreement and the remaining portion of any provision which is held to be invalid or unenforceable shall remain in full force and effect, and the parties hereto shall endeavor to make such invalid or unenforceable provision or portion lawful, modify it to the extent necessary to make it enforceable, and ensure the object and legal and economic equivalence of such invalid or unenforceable provision or portion.

Article 28 Survival Provision

The provisions of Article 3 Section 5, Article 5, Article 6, Article 9 through Article 12, Article 14 Section 3, Article 15 through Article 22, Article 23 Section 2 through Section 4, Article 24 Section 3, and Article 25 through Article 30 shall survive the termination of the Usage Contract even if the Usage Contract is terminated due to cancellation or for other reasons. However, Article 25 shall survive only for 5 years after the termination of the Usage Contract.

Article 29 Governing Law and Jurisdiction

The governing law of the Contracts shall be Japanese law, and the Tokyo District Court shall be the court with exclusive jurisdiction in the first instance for arisen disputes concerning the Contracts.

Article 30 Consultation

Any matters not stipulated in the Agreement or any question of interpretation shall be resolved through consultation in good faith between the parties in addition to complying with the provisions and customs of laws and regulations.

The governing language of this Agreement shall be Japanese.
If an English translation hereof is made for reference purpose, only the Japanese original shall have the effect of a contract and such English translation shall have no effect.

November 24, 2021 Enacted