These terms of use (hereinafter referred to as “Terms of Use”) specify the terms regarding the use of all the services(hereinafter referred to as “Service” whether it be the application or the website) provided by Tyffon Inc. (hereinafter referred to as “Company”) between those customers who use Service (hereinafter referred to as “Customer(s)”) and Company.
(1) Customers must use Service according to Terms of Use.
(2) Customers are considered to have given their valid and irrevocable consent to Terms of Use by actually using Service. In cases where a group of Customers uses Service, if at least one of them has given his/her/its consent to Terms of Use or has actually used Service, all members of such group are considered to have given their consent to Terms of Use.
(3) Minors shall use Service after obtaining the consent of their legal representative.
(4) If there is any other agreement besides Terms of Use such as guidelines, individual service agreements, etc. regarding Service (hereinafter referred to as “Individual Service Agreement(s), etc.”), Customers must use Service according to Individual Service Agreements, etc. in addition to Terms of Use. Whenever any provision in an Individual Service Agreement, etc. conflicts with any provision in Terms of Use, such provision in the Individual Service Agreement, etc. shall take precedence over the provision in Terms of Use.
(1) Company may at any time change the contents of Terms of Use without obtaining a prior approval from Customers.
(2) If having changed the contents of Terms of Use, Company shall post the updated version of Terms of Use on Service. After the updated version of Terms of Use is posted, such updated version of Terms of Use shall apply. Customers’ use of Service after the update of Terms of Use will constitute their acceptance of the updated version of Terms of Use. Customers will not be individually notified of how Terms of Use have been changed. Customers are expected to refer to Terms of Use everytime they use Service.
(1) Customers may not use Service beyond the utilization form expected for Service.
(2) Company is not obligated to save or back up Customers Information or certain information such as the images that Customers shot in using Service (hereinafter collectively referred to as “Customer Contents”). Customers are supposed to save necessary information by themselves. Company will not be responsible for any damage, loss, etc. of Customer Contents.
(3) If a Customer has violated any laws and regulations or Terms of Use, if Company has judged that such Customer is likely to violate any of them, or if there is any other business necessity, Company may place a restriction on such customer’s use of Serve without making any notification to him/her/it.
(4) Company may outsource to a third party all or part of the operations regarding Service.
(5) Customers shall use Service at their own risk and are expected to immediately stop using Service if they have found any health problem such as palpitation, short breath, dizziness and nausea. Company will not be responsible for any change in customers’ health status caused by their using Service.
(6) A Customer shall use Service in consideration of other Customers. Company will not be responsible for any trouble or the like between the Customer and any other Customers.
(1) Customers shall grant Company the right to use the information on Customers’ usage situation of Service and Customer Contents without any compensation or restriction including for the purpose of the provision, improvement and publicity of Service as well as the discussion of new services of Company.
(2) Any rights regarding the feedbacks, requests, ideas, etc. provided by Customers to Company (hereinafter referred to as “Feedbacks, etc.”) shall be owned by Company and shall be used by Company without any compensation or restriction. Those Customers that expect Company to pay them in some way or other or will claim their right shall not provide their Feedbacks, etc.
(1) Company will respect the privacy of Customers and handle their private and personal information appropriately according to its “Privacy Policy”.
(2) Company’s alliance corporations and advertising client corporations have set their own privacy policy on their website or equivalents. Company does not assume any obligation or responsibility for such terms and activities.
Company may change, make an addition to, discontinue or terminate all or part of Service and associated services for any reason without making a prior notice to Customers and will not be responsible for any damage caused on Customers or any third party through such measures.
Any and all intellectual property rights relating to Service shall belong to Company and third parties as their legitimate owners and will never be transferred to Customers. Only the non-exclusive right to use Service under Terms of Use will be granted to Customers.
Customers may not, without a prior approval of Company, make any disposition of any right or obligation under Terms of Use including the assignment or transfer of such right or obligation to any third party as well as the creation of a pledge on such right or obligation for any third party.
(1) Customers may not engage in any act listed below in using Service and Customer Contents:
1-1. Any act to infringe any intellectual property right including the copyright of Company or any third party,
1-2. Any act to damage the fame, credibility, privacy, etc. of Company or any third party,
1-3. Any act to constitute or likely to constitute a crime or any act leading to such act,
1-4. Any act to provide information against facts (naturally including an act to impersonate others (narisumashi)),
1-5. Any act to interfere with the healthy development of young people or any act likely to cause such situation such as significantly stimulating their sexual feelings,
1-6. Any act for the purpose of political activities and religious activities,
1-7. Any act to redesign or reverse-engineer Service or any act equivalent to such act,
1-8. Any act to publicly transmit, distribute, assign, lend or sublicence all or part of Service whether with or without compensation and an act equivalent to such act,
1-9. Any act to copy or adapt all or part of Service,
1-10. Any act to deliver a harmful program including computer viruses to the server of Service,
1-11. Any act to interfere with the operation or damage the credibility of Service,
1-12. Any act to suggest without any authorization by Company that Company recommend or support Customers or Customers’ Service,
1-13. Any act to harass Company or any third party,
1-14. Any act to use Service for any third party or for any other purpose than satisfying themselves,
1-15. Any act offensive to public orders and morals,
1-16. Any other act to violate laws and regulations or likely to violate them, or
1-17. Any other act that Company finds it inappropriate.
(2) In case that a Customer has committed an act falling under any of the items listed in the immediately preceding paragraph, Company may suspend such Customer from the use of Service or take any other measure that Company finds appropriate (hereinafter referred to as “Use Suspension Measure, etc.”) against such Customer. Company may take Use Suspension Measure, etc. on its own judgement and is not obligated to disclose the reason(s) for having taken such Use Suspension Measure, etc. Company will not assume any responsibility for the damages resulting from Use Suspension Measure, etc.
(1) Customers shall use Service at their own risk and be responsible for any and all acts that they engage in under Service as well as for their results. Customers shall be liable to any damages suffered by Company (including reasonable attorney’s fees) that have been caused by their use of Service.
(2) Company will not be responsible for any damage attributable to the change, suspended provision, discontinuation and failure of Service or the services associated with Service.
(3) Customers shall acknowledge in advance that their use of Service or the services associated with Service might be suspended for a given period of time under any of the following circumstances and shall not claim against Company any compensation or the like for the damages caused by the suspension of Service or the services associated with Service:
3-1. The suspension due to the checking, repair, maintenance, etc. of the server, software program, etc. of Service or the services associated with Service,
3-2. The suspension resulting from an accident in computers, lines of communication, etc., or
3-3. The suspension attributable to any other situations.
(4) Customers shall deliver information through Service entirely at their own risk and accordingly Company will not assume any responsibility for its completeness, accuracy, reliability, effectiveness, safeness, etc. In addition, Company will not be responsible for any information posted on the we
(5) Company will not provide its endorsement to the completeness, accuracy, reliability, effectiveness, safeness, etc. of the information obtained by Customers through Service or the services associated with Service and will not assume any liability for the damages caused on Customers by such information.
(6) Company will not assume any responsibility of nor compensate for the damages caused on Customers, the troubles between a Customer and third parties, or any other matters with regard to the services provided by Company or those associated with Service.
(7) Customers shall prepare and maintain at their own cost and risk the communication environments necessary to be provided with Service including equipment, software programs and lines of communication. Company does not warrant that Service is compatible with any equipment or the like; will not be involved at all with the preparation, installment or operation of any equipment or the like; or will not provide supports to Customers.
Even if all or part of any provision in Terms of Use has been judged as invalid by laws and regulations or equivalents, the remaining provisions and/or the remaining part of the relevant provision shall continuously and validly survive.
The Japanese version of Terms of Use is considered to be its authentic text. If any difference has been found between the Japanese version and any other language version, the Japanese version shall prevail.
Terms of Use shall be interpreted pursuant to the laws of Japan without giving effect to conflict-of-laws rules. If there arises any necessity of a lawsuit regarding Terms of Use, the relevant matter shall be subject to Tokyo Summary Court or Tokyo District Court as the agreed exclusive jurisdiction of first instance depending on the value of such lawsuit.
Supplementary Terms
Established and Executed on November 1, 2019
