App Terms of Service

Article 1 Definition

The terms used herein have the meanings defined in the following items:

“Terms” means theses App Terms of Service.
“Other Regulations” means any guidelines, helps and other regulation for Apps other than these Terms.
“Apps” means applications for smartphones, tablets and desktops provided by the Company.
“Terminals” means smartphones, tablets and desktops to which an App is downloaded to use the App.
“Website” means the website operated by the Company where information on Apps is published.
“Company” means ToydiumInc.
“Users” means persons using the apps.
“Account” means a unique identifier that is required for using an App when the Company specifically designates it, which is issued by the Company for each User (there are cases where an App may be used without an Account).
“Local Save Data” means progress information of app use that is automatically created in the Terminal when using an App.
“Usage Environment” means an environment necessary for using an App, including a Terminal, software, Internet access line and security assurance.
“Content” means any texts, sounds, music, images, videos, software, programs and other information designated by the Company which a User is able to use, view or access through an App.
“Transmitted Information” means any numerical values, data, position information and other information designated by the Company (including information automatically created in an App based on such information and the results of processing, and usage history of an App) transmitted by a User with the use of the App or collected by the Company through the App.
“Paid Services” means services for which a User needs to pay a price in an App.
“Points” means points that the Company grants to a User when the User takes an Action.
“Actions” means acts of a User designated by the Company for which Points are granted.
“Intellectual Property Rights” means any and all proprietary and personal rights, including patent rights, utility model rights, design rights, trademark rights, copyrights, and rights under the Unfair Competition Prevention Act.

Article 2 Consent to Terms

1. These Terms apply to any User using an App. Before using the App, the User will confirm all contents of these Terms.

2. A User must use an App in accordance with these Terms, and without consent to these Terms, the User cannot use an App. A User who does not consent to these Terms will immediately discontinue downloading the App or using it.

3. The Company may provide for Other Regulations by publishing them in an App or on the Website or by other means designated by the Company. Such Other Regulations will constitute part of these Terms; provided that if any provision herein differs from that in any Other Regulations, these Terms will prevail and be applicable.

Article 3 Use of App

1. A User may use an App in accordance with the methods designated by the Company.

2.Detailed specifications of an App will be provided for by the Company separately. A User consents in advance that the Company may make improvement, addition, deletion or other changes of/to the specifications of an App.

3. A User will arrange a Usage Environment at his/her own responsibility and expense. The User will also bear any other expenses, including per-packet charges, data usage fees and other communications charges.

4. A User consents in advance that due to a change or revision to the terms of service or operational policies of the App Store, Google Play or other app stores, the use of an App may be limited in whole or in part.

Article 4 Use by Minor

1. The App may not be used by persons under the age of 13 in the United States of America, under the age of 16 in the European Union and the United Kingdom, and under the age of 14 in the Republic of Korea. In other countries, including Japan, the App may be used in accordance with the following provisions regarding use by minors.

2. To use an App in any way (including but not limited to use of Content and that of Paid Services), a minor User will obtain the consent of his/her parent or other statutory agent before downloading the App to a Terminal, and the User will use the App under the consent of the statutory agent.

3. A minor User who uses an App by giving a false account about the consent of his/her statutory agent despite absence of the consent may not rescind any legal action whatsoever taken in connection with the App.

4. When a User who is underage at the time of consenting to these Terms reaches the age of majority and uses an App, the User will be deemed to have confirmed after the fact all legal actions taken in connection with the App.

Article 5 Account and Local Save Data

1. When a User downloads an App to his/her Terminal and starts using it, an Account and Local Save Data will be created automatically. However, there are Apps that do not create an Account, and in this case only Local Save Data will be created.

2. The Account and Local Save Data will exclusively belong to the User. The User will manage and keep his/her Account and Local Save Data adequately at his/her own responsibility, and will not have any third party use them or loan or transfer them.

3. When it is confirmed by a given method that an Account used in activating an App matches the registered one, the Company will deem that the person using the App is the User genuinely possessing the Account.

4. Any User who finds that his/her Account is used illegally or by any third party will immediately give the Company notice to such effect and take measures instructed by the Company.

5. The Company will not be responsible even if a User incurs any damage due to the User’s inadequate management, misuse, illicit use or similar acts of his/her Account or Local Save Data.

Article 6 Paid Services

1. The use of Apps is without charge, provided that part of the service include Paid Services.

2. The prices of Paid Services are stated in the respective points of sale. When a price is changed by a decision of the Company or the payment agent, the price after change will be stated.

3. A User cannot move any Content or other services obtained in a Paid Service to any other Account or Local Save Data.

4. The Company may separately set an upper limit to the amount up to which a minor User is able to use Paid Services. If Paid Services are used beyond an upper limit because the information on the age of the User registered in the procedure for the use of Paid Services is inaccurate, the Company will not return the money in excess of the upper limit or accept return of products.

5. A User who falls in arrears of payment of the price for the use of a Paid Service will be responsible for delay damages at the rate of 14.6% per annum.

6. If it turns out that the contents or quantity of a Paid Service (including but not limited to Content already purchased) used by a User is incorrect, the Company may correct it without advance notice to the User.

7. The Company cannot refund, repay or otherwise return any price of a Paid Service on the ground of cancellation by a User or termination of the use of an App, except where it is required under laws and regulations.

8. If it is necessary due to a change of contents of the App, business reasons, enactment, revision or abolition of laws and regulations, fluctuations in the economic situation, or any other reason, the Company may shift a service available without charge to a Paid Service or may revise the price of a Paid Service.

9. As in the case under the preceding paragraph, the Company may discontinue a Paid Service (including but not limited to extinguishment of Content already purchased), and in this case, the Company cannot refund, repay or otherwise return any money to a User, except where it is required under laws and regulations.

Article 7 Content

1. A User may use Content with or without charge with the use of an App. Apart from that, the User will not acquire any right whatsoever pertaining to the Content.

2. The Company does not provide any warrant whatsoever in connection with Content, including its lawfulness, accuracy, trustworthiness, usefulness, and fitness for purpose. The Company will under no circumstances be responsible for any damage or loss of Content arising due to business reasons; the overload or failure, malfunction or maintenance of a system; enactment, revision or abolition of laws and regulations; natural disasters; power failure; communication failure; unauthorized access; or any other reasons.

Article 8 Points

1. The Company may grant Points to a User pursuant to the standards determined by the Company, when the User takes an Action in accordance with the procedure designated by the Company.

2. A User must not acquire Points by any illegitimate means, including by a prohibited act specified herein or by the use of an automatically running program. Even when it is an Action satisfying the requirements for acquisition of Points, if the Company finds it improper, the Company may not grant Points or withdraw Points granted for the Action. The Company will not undertake any responsibility for any damage caused to the User due to such disposition of the Company.

3. A User may use certain Content free of charge using Points. Points only represent that the User may be able to use certain Content free of charge when the requirements designated by the Company are satisfied at the time of Points use, and any acquisition of Points will not give rise to any specific rights or obligations between the User and the Company. Points may be subject to a change or abolition in the future, and the use of Points assumed at the time of their acquisition will not be guaranteed.

4. A User will be responsible for the management and use of Points. The use of Points once done will not be cancelled, and any used Points will not be reissued for whatever reason. Any Points will not be reissued even if User Points are lost due to illicit use by any person other than the User.

5. The Company will under no circumstances be responsible for any damage or loss of any Points arising due to business reasons; the overload or failure, malfunction or maintenance of a system; enactment, revision or abolition of laws and regulations; natural disasters; power failure; communication failure; unauthorized access; or any other reasons.

Article 9 Advertising

1. The Company may publish adverting of the Company or a third party in an App at its own discretion.

2. The Company does not provide any warranty on any matter whatsoever in connection with advertising of a third party published in an App. A User will make judgment on such advertising at his/her own responsibility.

Article 10 Non-warranty

1. The Company does not warrant that an App is free of any error, bug, failure and security flaw and is accurate and complete; that no failure or malfunction in a Usage Environment may arise out of the use of an App; and that an App has the quality and performance expected by a User.

2. A link may be set up from an App to a website or service of a third party; however, the Company does not provide any warranty on any matter whatsoever in connection with such website or service. A User will access the website or service at his/her own responsibility.

3. In addition to the preceding paragraphs, the Company does not provide any warranty whatsoever with respect to the following items. Even when a User gets any information on an App from the Company directly or indirectly, the Company does not provide the User with any warranty whatsoever beyond the contents set forth in these Terms.

The App conforms to his/her Usage Environment
The App is accurate and complete
The App works perpetually
The App fits and is useful for a particular purpose of the User

Article 11 Attribution of Rights

1. All Intellectual Property Rights pertaining to the App are the property of the Company and its licensors.

2. Unless explicitly provided for herein otherwise, any grant of a right to use an App hereunder will not imply the grant of any Intellectual Property Rights whatsoever of the Company pertaining to the App. A User may not use an App beyond the mode of usage expected for the App.

3. A User must not attempt to reverse-engineer, decompile, reverse-assemble or otherwise analyze an App.

Article 12 Transmitted Information

1. A User warrants that the User has a legitimate right to transmit Transmitted Information, and it does not infringe any right of the Company or any third party.

2. The Company may use or make use of Transmitted Information (including but not limited to reproducing, adapting, publicly transmitting, and making it transmittable for such use) to the extent necessary for operating and improving an App; creating statistical data on usage history of App users; planning or drawing up plans for marketing measures and implementing them; and other matters relating to them. In this respect, a User agrees that the User will not raise any objection (including but not limited to non-exercise of an author’s moral rights) against the Company, a third party who legitimately acquires the right from the Company, or any other person who succeeds to the right from that third party.

3. While the Company makes effort for secure management of Transmitted Information to the extent commercially reasonable, a User must back up Transmitted Information at his/her own responsibility in the light of the fact that an App is, by its nature, an electromagnetic service with the use of Internet communications networks that entail risks for loss, alteration, destruction and the like of information. The Company will not undertake any responsibility whatsoever (including the responsibility of recovering Transmitted Information) for any damage incurred by a User due to his/her failure to back up.

4. If any of the following items apply, or the Company decides that it applies, the Company may, without advance notice, inspect, keep or restore all or part of any Transmitted Information or disclose it to a third party (hereinafter “Inspection”). However, the Company is not be responsible to disclose the reason for the above decision.

If the User consents to it
If the User fails to respond to a request of the Company for consent to Inspection within seven (7) days from the request
If the Company is officially required to do so by a court, the police or other public agencies under laws and regulations
If the Company undertakes a duty of Inspection according to law
If the User engages in any prohibited act under these Terms
If it is necessary for protecting the life, body or other significant rights of the User or a third party
If it is necessary for maintenance or solving the technical failure of an App
If there is any other necessity equivalent to any of the preceding items

5. If any of the following items apply, or the Company decides that it applies, the Company may, without advance notice, delete all or part of any Transmitted Information or temporarily suspend the publication or presentation of it (hereinafter “Deletion”). The Company will not undertake any responsibility whatsoever (including the responsibility of recovering the information) for the deleted Transmitted Information, nor will the Company be responsible to disclose the reason for the above decision.

If the User consents to it
If the User fails to respond to a request of the Company for consent to Deletion within seven (7) days from the request
If the Company is officially required to do so by a court, the police or other public agencies under laws and regulations
If the Company undertakes a duty of Deletion according to law
If the User engages in any prohibited act under these Terms
If it is necessary for protecting the life, body or other significant rights of the User or a third party
If the use of the App is terminated regardless of the reason
If the App is changed, suspended or terminated under Article 16
If there is any other necessity equivalent to any of the preceding items

6. Notwithstanding paragraph 4 and the immediately preceding paragraph, the Company will not be responsible to monitor Transmitted Information.

Article 13 Prohibited Acts

In using an App, a User must not engage in any of the following acts or any act that the Company finds falls under any of the following acts, nor must a User instruct, instigate, coerce or otherwise lead any third party to engage in:

An act in violation of laws and regulations;
An act relating to any crime;
An act contrary to public order and morals;
An act that infringes Intellectual Property Rights, privacy rights, rights to protect the good name, credibility, image rights, or any other rights or profits of the Company or a third party;
An act of discriminating against, slandering or harassing the Company or a third party or an act that arouses disgust;
An act of unwelcomely stalking or persistently following another User about or sending mass messages to another User, or other similar acts;
An act of putting a link to an adult site, dating site or other similar site or an act aimed at seeking or encouraging a sexual encounter;
An act of advertising, announcement and solicitation for, and transactions of a Ponzi scheme, multilevel marketing system, network business, or other pyramid scheme;
Activities as a body having a creed based on discrimination and prejudice against a religion, race, gender, nation, human right and any other attributes;
An act of interfering with the operations and maintenance of an App;
An act of placing an excessive load on a network, system or the like of an App;
An act of inducing malfunction of an App;
An act of using, creating, distributing or selling an external tool that makes an App work in a way not usually expected by exploiting a bug or causes usually unexpected effects on an App, or other similar acts;
An act of accessing a network for an App without authorization;
An act of identity theft;
An act of pretending to be an employee/officer of the Company or its associated company or any other relevant person of the Company or an App;
An act of having a third party use an App;
An act of transmitting any information to the Company that infringes any Intellectual Property Rights, privacy, reputation, credibility, portrait, or any other rights or profits of any third party;
An act of tampering with any information available with an App;
An act of sending similar massages beyond necessity or otherwise making unreasonable inquiries or demands with the Company;
An act of cooperating or getting involved with the maintenance, operations or management of any Antisocial Force (meaning an organized crime group, member of such group, rightist organization, antisocial force or any other equivalent person; the same applies hereinafter) or otherwise interacting or getting involved with an Antisocial Force;
An act of inducing or helping, directly or indirectly, any act of the preceding items; or
Any other acts that the Company finds inappropriate.

Article 14 Temporary Suspension or Termination of Use

1. If any of the following items applies, or the Company decides that it applies, the Company may, without advance notice, temporarily suspend or terminate the use of any App for a User in whole or in part. However, the Company is not responsible to disclose the reason for the above decision.

If a User violates any provision of these Terms
If a User has not used any App for a period separately designated by the Company
If a User fails to respond to any inquiry of the Company within seven (7) days
If a User has in the past violated these Terms or received a disposition of the Company to temporarily suspend or terminate, in whole or in part, the use of an App or any other application provided by the Company for smartphones, tablets or desktop
If the Company decides that a User’s use of an App is inappropriate otherwise

2. If the Company terminates the use of any App for a User, the User will forfeit the right to use the App and will immediately delete it from his/her Terminal.

3. If a User falls under any item of paragraph 1, or the Company decides that a User falls under it, all liabilities owed by the User to the Company will be accelerated, and the User must immediately perform all liabilities to the Company.

4. The Company will undertake no responsibility whatsoever for any damage incurred by the User arising out of any action of the Company under this Article.

Article 15 Termination of Use by User

1. A User may at any time terminate his/her use of an App by deleting the App from the Terminal. The User agrees that upon the termination of his/her use of the App, all Transmitted Information, Content and other materials existing in the App will be extinguished.

2. A User consents in advance that when his/her use of an App is terminated by mistakenly deleting the App, or an Account or Local Save Data or for any other reason, the User is no longer able to use any Transmitted Information, Content and other materials existing in the App.

3. Even after the termination of the use of an App, the User will not be exempted from any obligations or liabilities to the Company or any third parties.

Article 16 Change, Suspension or Termination of App

1. The Company may at any time change, suspend and terminate the provision of an App for business reasons; the overload, failure or maintenance of a system; enactment, revision or abolition of laws and regulations; natural disasters; fortuitous accidents; power failure; communication failure; unauthorized access; conflicts; upheavals; acts of terrorism, or any other reasons, nor will the Company undertake any responsibility for any damage or loss whatsoever incurred by a User due to such cause.

2. In the event of any change, suspension or termination under the preceding paragraph, the Company will strive to give notice reasonably in advance, except where there is any compelling reason, including where it is urgently required or technically difficult.

Article 17 Dispute Settlement and Damages

1. A User who causes any damage to the Company in connection with the use of an App will compensate the Company for the damage.

2. If a User receives any claim of a third party, or any dispute arises between a User and a third party in connection with an App, the User will immediately notify the Company of its details; deal with and settle the claim or dispute at his/her own expense and responsibility; and inform the Company about its progress and results.

3. If the Company receives any claim of a third party, or any dispute arises between the Company and a third party in connection with a User’s use of an App, the User will deal with and settle the claim or dispute at his/her own expense and responsibility and inform the Company about its progress and results, and will also compensate for any money that the Company is forced to pay and any other damages.

4. The Company will compensate a User for any damage only if it is caused to the User due to an intentional act or negligence of the Company in providing an App. Any provision herein that indemnifies the Company will not apply where there is any intentional act or negligence on the part of the Company.

5. If the Company undertakes any liability for a User with respect to damages (including in the case of the preceding paragraph and cases where the Consumer Contract Act or any other law applies), the scope of damage to be compensated for will be limited to the general damage actually incurred by the User (not including any special damage such as lost earnings), and the amount to be compensated for will not exceed the amount that the User has paid the Company in consideration of the use of the Paid Services. This Article applies to all damages and claims regardless of the ground of claim, including default, defect liability, duty of restoration to its original state, unjust enrichment and tort; provided that it does not apply where there is any intentional act or gross negligence on the part of the Company.

Article 18 Confidentiality

Without the advance written consent of the Company, a User will not use any information for any purpose other than the purposes of disclosure or disclose it to any third party, when the Company has disclosed it to the User in connection with an App by requiring treatment as confidential information.

Article 19 Handling of Personal Information

The Company will appropriately handle personal information it has obtained from the User in accordance with the Privacy Policy provided for by the Company.

Article 20 Revision of Terms

1. The Company may revise these Terms at any time at its own discretion, if:

The revision of these Terms conforms to general interests of contractual parties; or
The revision of these Terms is not against the purpose of the conclusion of this contract and is reasonable in the light of the need for the revision, suitability of revised contents, contents of the revision, and other circumstances pertaining to the revision.

2. When revising these Terms under the preceding paragraph, the Company will provide notice that revisions are to be made, the details of such revised provisions and the effective date of the revision by publishing them in the Apps at least two (2) weeks prior to the effective date of the revision of the Terms.

3. For a User who does not consent to the revision of the Terms, the only course of action available will be to terminate the use of the Apps (to immediately delete the Apps from his/her Terminal). A User who has not made the said deletion by the effective date of the revision under the preceding paragraph will be deemed to have consented to the revision of the Terms.

Article 21 Communication

1. Any communication of the Company to Users will be given by sending a document or e-mail, by publication in the Apps or the Website, by push notification, or by any other means that the Company finds appropriate. When such communication is given by e-mail, publication in the Apps or the Website, or by push notification, it shall be deemed to have reached Users at the time when it is distributed on the Internet.

2. Any communication of Users to the Company will be given by e-mail to the e-mail address for inquiries designated by the Company. The Company will not respond to any inquiry made by any means other than by e-mail.

3. The Company will not be obliged to respond to communication from Users or take any measures for them, and the Company may respond to and take measures for communication at the free discretion of the Company. The Company may take measures for communication of a User; provided that such act of the Company will not be interpreted as the Company undertaking any obligations for the User, including those for individual answers or reports, or monetary compensation.

Article 22 Transfer of Contractual Status

1. Without the advance written consent of the Company, a User will not transfer, assign to a third party, create a security interest in, or otherwise dispose of, any rights and obligations under any App.

2. If the Company transfers the business related to the Apps to a third party (not only regular transfer of a business, but including a corporate split-up and any other events where the business is transferred), the Company may, incidental to the business transfer, transfer the rights and obligations, Transmitted Information, and personal and other information under the Apps to the business transferee, and a User consents in advance to such transfer.

Article 23 Severability

If part of any provision herein is held to be illegal, invalid or unenforceable under laws and regulations or by a court, the remainder of that provision and other provisions herein will remain valid, and the part held illegal, invalid or unenforceable will be applied by replacing the invalid part with a valid provision that is most similar to that part in terms of its purport or by adding reasonable interpretations so that it will be a valid provision that is most similar to that part.

Article 24 Governing Law

These Terms will be governed by the laws of Japan.

Article 25 Jurisdiction

In the event that any dispute arises between a User and the Company in connection with an App, it will be brought in the Tokyo District Court as the agreed exclusive jurisdiction of the first instance.

Established on October 1, 2019

Revised on June 1, 2021