Please ensure that you agree to these terms before using the service "GASSHO" (hereinafter referred to as "the Service") provided by KK Inc. (hereinafter referred to as "the Company").
Article 1 (Scope of the Terms of Service)
- The terms of service for the Service (hereinafter referred to as "these Terms") shall apply to all contractual relationships between the Company and those wishing to use the Service, as well as members (as defined in Article 2, Paragraph 5). In addition to these Terms, the Company may establish various regulations (hereinafter referred to as "Individual Terms"). These Individual Terms shall constitute a part of these Terms regardless of their specific names. The Company shall publicize and post these Individual Terms using methods prescribed by the Company.
- If the provisions of these Terms differ from those of the Individual Terms, the content of the Individual Terms shall take precedence unless otherwise specified.
- The Company may amend these Terms by specifying the effective date of the change and publicizing the change, the revised Terms, and the effective date on the Service or on a website designated by the Company, or by other appropriate methods, under the following conditions: (1) The change benefits the members. (2) The change is reasonable considering the necessity of the change, the appropriateness of the content after the change, and other relevant circumstances.
- Changes to these Terms as per the preceding paragraph shall become effective from the specified effective date. If a member uses the Service through an auto-renewing subscription on the App Store (as defined by Apple Inc. or iTune, hereinafter collectively referred to as "Apple"), they must comply with the Apple Media Services Terms and other applicable conditions. The Company may change the price of auto-renewing subscriptions within the conditions separately specified by Apple by following the procedures set out in Paragraph 3, Item 2.
Article 2 (Definitions of Terms Used in the Terms of Service)
The meanings of the terms used in these Terms are as follows:
- "The Service": Refers to the Company's service, which allows users to record, edit, and manage information on the Company's app, including all services provided on the app.
- "The Company App": Refers to smartphone applications distributed on the "App Store" operated by Apple and the "Google Play" operated by Google Inc. (including the changed application if the service name or content changes for any reason).
- "Registration Information": Refers to information provided by the member to the Company through the Service and all related services, including email addresses, IDs, passwords, and account names.
- "Content": Refers to all data, documents, software, images, videos, text, audio, and other information on the Service.
- "Member": Refers to users who complete the user registration procedures prescribed by the Company and use the Service.
- "ID": Refers to a string of characters or codes used to identify the member when combined with the password.
- "Password": Refers to a string of characters or codes used to identify the member when combined with the user ID.
Article 3 (Methods of Member Registration, etc.)
- Those wishing to use the Service must agree to the content of these Terms at their own will and responsibility before using the Service.
- Minors, adults under guardianship, and those under assistance must obtain prior consent from their legal representatives before using the Service.
- Registration is completed when those wishing to use the Service provide the necessary information through the member registration screen provided by the Company and by the method designated by the Company, and the Company approves it. Thereafter, these Terms shall apply.
- The Company may not approve a registration application or may cancel the approval if it deems that the applicant falls under any of the following: (1) If false information was provided during registration. (2) If the Company determines that the applicant has violated or may violate these Terms in the past. (3) If the applicant has previously been subjected to measures prescribed in Article 7 (Usage Restrictions and Deregistration). (4) If the applicant is related to antisocial forces such as organized crime groups, members of organized crime groups, quasi-members of organized crime groups, corporate extortionists, socially motivated racketeers, special intelligence violence groups, or other similar groups. (5) If the Company otherwise deems the registration inappropriate.
- If there are any changes to the registered information, the member must promptly notify the Company of the changes using the method prescribed by the Company.
- The Company shall not be liable for any damages or disadvantages incurred by the member or third parties due to the member's failure to notify the Company of changes to the registered information unless there is intentional or negligent conduct by the Company.
- Notifications from the Company to the members regarding the Service shall be made using methods such as in-app notifications, sending to the contact information registered by the member, or other methods prescribed by the Company. These notifications shall be deemed received when they should normally have arrived unless otherwise specified in these Terms.
Article 4 (Management of ID and Password)
- Members shall manage their ID and password appropriately to prevent unauthorized use at their own responsibility.
- If members discover that a third party is using their ID and password, or if they judge that there is a risk of the ID and password obstructing the Company's provision of the Service, they must immediately report it to the Company.
- Members must accurately register a usable email address under their management as their ID and update it to another usable email address under their management if it is no longer under their control, keeping the information always up to date.
- Members may not transfer or lend their ID and password to third parties or share them with third parties under any circumstances.
- If the combination of ID and password matches the registered information and logs in, it is considered that the member who registered the ID has used the Service.
- The Company shall not be liable for any damages incurred by the member due to the use of their ID and password by a third party, the inability to receive notifications due to incorrect email addresses, or any other damages related to the ID and password unless there is intentional or negligent conduct by the Company.
Article 5 (Service Usage Fees)
The usage fees for the Service shall be as posted on the Company app or Company website. The Company may change the usage fees for the Service based on the provisions of Article 1, Paragraphs 3 and 4.
Article 6 (Member Withdrawal)
- A member may apply to terminate this Agreement at any time by following the method prescribed in the Company’s app. The termination will be considered approved when the Company receives the termination application data.
- Even if a member terminates this Agreement, the Company is not obligated to refund any usage fees received up to the termination month, and the member cannot avoid paying the usage fees that have already accrued.
- If a member terminates this Agreement without canceling the automatic renewal subscription provided by app stores such as the App Store or Google Play Store, the automatic renewal subscription may continue. If a member wishes to terminate the automatic renewal subscription, they must follow the cancellation procedures in the respective app store on their own responsibility.
- Upon termination approval according to Paragraph 1, the member will no longer be able to use the Service, and the Company may suspend or delete all registration information and other data related to the member.
- If a member wishes to use the Service again after terminating this Agreement, they must apply for registration again.
- The member agrees in advance that no data from before the termination will be transferred when they re-register.
- The Company is not responsible for any damages incurred by the member or third parties due to data deletion resulting from withdrawal from the Service, except in cases of intentional or negligent acts by the Company.
Article 7 (Usage Restrictions and Registration Cancellation)
- The Company may, without prior notice, immediately restrict or suspend the use of all or part of the Service or cancel the member’s registration if the member falls under any of the following: (1) Violation of laws or any provision of this Agreement. (2) Reasonable grounds to believe that any condition specified in Article 3, Paragraph 3 or Article 8, Paragraph 1 has been met. (3) Discovery of false facts in the registration information. (4) Unauthorized use of ID or password. (5) Delay in payment of Service usage fees. (6) Denial of payment approval by credit card companies or app store payment systems. (7) Improper use of the Service for purposes other than legitimate use. (8) Determination by the Company that the provision of the Service may be hindered. (9) Any other reason the Company deems inappropriate for the use of the Service.
- The Company is not responsible for any damages incurred by members or users due to usage restrictions or registration cancellations based on this Article, except in cases of intentional or negligent acts by the Company.
Article 8 (Prohibited Acts)
Members must not engage in the following acts when using the Service:
(1) Violation of this Agreement. (2) Violation of laws or public order and morals. (3) Acts related to criminal activities. (4) Infringement of the Company's or third parties' intellectual property rights. (5) Infringement of the Company’s or third parties' property, credit, honor, privacy, or portrait rights. (6) Commercial use of information obtained through the Service (except as permitted by the Company). (7) Overloading the Service’s network or system. (8) Unauthorized access or hacking that interferes with the Service’s system. (9) Reverse engineering, attempting to obtain source code, or analyzing the system used to provide the Service. (10) Viewing, collecting, tampering with, or storing personal information of other members. (11) Harassment or defamation of the Company or other members. (12) Spam or actions deemed spam by the Company. (13) Impersonating other members or making it appear as though there is a connection with other members. (14) Providing benefits to antisocial forces in connection with the Company’s services. (15) Any act that interferes with the provision of the Service or may do so. (16) Any other act deemed inappropriate by the Company.
Article 9 (Service Provision Suspension)
- The Company may suspend or interrupt all or part of the Service without prior notice if any of the following applies: (1) Maintenance or inspection of the system or infrastructure for the Service. (2) Inability to provide the Service due to force majeure such as power outages or natural disasters. (3) Accidents involving computers or communication lines that prevent the provision of the Service. (4) Issues with necessary platforms, cloud computing services, or related third-party services. (5) Any other situation where the Company deems suspension or interruption necessary.
- The Company is not responsible for any disadvantages or damages incurred by members or third parties due to the suspension or interruption of the Service, except in cases of intentional or negligent acts by the Company.
Article 10 (Changes and Termination of the Service)
- The Company may change all or part of the Service at any time without prior notice to members.
- The Company may terminate or temporarily suspend the provision of all or part of the Service after notifying members in advance using the method specified by the Company. However, in unavoidable or emergency situations, the Company may terminate or suspend the Service without prior notice to members.
- The Company is not responsible for any damages incurred by users due to changes, etc., in the Service, except in cases of intentional or negligent acts by the Company.
Article 11 (Disclaimer)
- The Company is not liable for any damages (including mental distress, lost profits, or other financial losses) incurred by members or third parties in connection with the Service, except in cases of intentional or negligent acts by the Company.
- The Company does not guarantee that the Service or the Company's app will function properly on any OS, web browser, or app version used by the member’s device, and is not obligated to perform operational verification or improvement to ensure such functionality.
- The Company does not guarantee that the Service is free from factual or legal defects (including defects, errors, bugs, or rights violations related to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, etc.).
- If any defect in the Service is discovered, the Company will strive to correct it, but is not responsible for any damages incurred by users due to such defects, except in cases of intentional or negligent acts by the Company.
- The Company is not obligated to respond to inquiries about information, content, data, or other information obtained by members through the use of the Service, except for customer support and other response operations conducted by the Company as part of the Service.
- The Company does not guarantee the completeness, accuracy, reliability, or usefulness of any information, content, data, or other information obtained by members through the use of the Service, and is not responsible for any related issues.
- The Company is not responsible for any transactions, communications, or disputes that arise between members or between members and third parties in connection with the Service. If a dispute arises between members or between a member and a third party and the Company is unavoidably involved, the member shall compensate the Company for any damages incurred (including reasonable attorney fees).
- The member is solely responsible for managing all information stored on their device related to the Service, and the Company is not responsible for any damages resulting from loss, theft, hacking, or other incidents involving the member's device.
- Notwithstanding any contrary provisions in this Agreement, if this Agreement is subject to the Consumer Contract Act, provisions that fully exempt the Company from liability for damages caused by the Company's breach of contract or tort shall not apply. In such cases, the Company is liable only for ordinary damages directly incurred by the user (excluding lost profits or damages caused by special circumstances), except in cases of intentional or gross negligence by the Company.
Article 12 (Handling of Personal Information)
The Company will handle members' personal information obtained through the use of the Service appropriately in accordance with the Company's "Privacy Policy."
Article 13 (Preparation of Usage Environment)
- Members must prepare, at their own expense and responsibility, the necessary smart devices, communication equipment, operating systems, communication means, and power supply to use the Service. If the member is a minor, the devices must be approved by a legal guardian such as a parent.
- Members must implement security measures such as preventing computer virus infections, unauthorized access, and information leaks according to their usage environment.
- The Company is not involved in or responsible for the member's usage environment.
Article 14 (Viewing and Use of Statistical Data)
The Company may process, aggregate, and analyze usage history, registration information, and other information related to the Service to create statistical data that cannot identify or specify individuals. The Company may allow third parties to view and use this statistical data without any restrictions (including providing it as marketing materials, developing new features for the Service, conducting market research, etc.), and members agree to this in advance.
Article 15 (Notifications and Communications)
- Notifications and communications between the Company and members shall be conducted by the method prescribed by the Company.
- Unless the member updates their registration information according to the method prescribed by the Company, the Company will consider the currently registered contact information to be valid and will send notifications or communications to that contact information. These notifications or communications are considered to have reached the member at the time they would normally be expected to arrive.
Article 16 (Ownership of Rights to Content)
- All rights to trademarks, images, videos, advertisements, designs, and other intellectual property related to the content and the Service belong to the Company or third parties who have licensed their use to the Company. Even if terms such as "purchase" or "sale" are displayed on the Service screen, the intellectual property rights and other rights to the content provided to members do not transfer to them. Members are only granted the right to use these rights.
- All software used in connection with the Service is protected by laws related to intellectual property rights. Unless permitted by the Company, third parties who own copyrights or other property rights, or allowed by law, users may not reproduce, edit, publish, publicly transmit, distribute, sell, provide, translate, or use the content or software in any form or for any purpose.
- If a member gains profit from actions that violate the preceding paragraph, the Company has the right to claim an amount equivalent to that profit. If the damages incurred by the Company exceed the amount of the profit, the Company can also claim the excess.
Article 17 (Prohibition of Assignment of Rights and Obligations)
- Members cannot transfer or offer as collateral their rights or obligations under this Agreement to any third party without prior written consent from the Company.
- If the Company transfers its business related to the Service through a merger, company split, business transfer, or other reasons, it may transfer its position under this Agreement, the rights and obligations under this Agreement, member registration information, and other content to the successor of the business. Members are deemed to have given prior consent to such transfer.
Article 18 (Requirements Based on the Apple Developer Program License Agreement)
This article applies only when members use the Service on iOS devices provided by Apple. In case of any conflict between this article and other provisions of this Agreement, this article will take precedence.
- Understanding: This Agreement is concluded solely between the Company and the members, not between Apple and the members. The Company is solely responsible for the Company's app and its content between Apple and the Company.
- Scope of License: The license granted to members for the Service or the Company's app is limited to a non-transferable license to use the Service or the Company's app on Apple-branded products owned or controlled by the members.
- Maintenance: The Company is solely responsible for providing any support or maintenance services for the Service or the Company's app in accordance with this Agreement or applicable laws. Apple has no obligation to provide any maintenance or support services for the Company's app.
- Warranty: The Company is solely responsible for any warranties related to the Service or the Company's app, whether express or implied by law. If the Company’s app fails to meet any applicable warranty, members may notify Apple, and Apple will refund the purchase price of the Company’s app. To the maximum extent permitted by applicable law, Apple has no other warranty obligation regarding the Company’s app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to meet any warranty will be the sole responsibility of the Company.
- Product Claims: The Company, not Apple, is responsible for addressing any claims by members or third parties relating to the Service or the Company’s app, including but not limited to: (i) product liability claims; (ii) any claim that the Company’s app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
- Intellectual Property Rights: If a third party claims that the Company’s app or a member’s use of the Company’s app infringes on their intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
- Legal Compliance: Members represent and warrant that they are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country and are not listed on any U.S. government list of prohibited or restricted parties.
- Company Name, Address, and Contact Information:
- ・Company Name: KK Inc.
- ・Company Address: 1487-55 Shinohara-cho, Kohoku-ku, Yokohama-shi, Kanagawa, Japan
- ・Company Contact (Email Address): hello@gassho.info
- Third-Party Terms: Members must comply with applicable third-party terms of agreement, such as any agreements with their wireless data service provider, when using the Service.
- Third-Party Beneficiary: Members acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement and that Apple has the right to enforce this Agreement against members as a third-party beneficiary upon members' acceptance of the terms of this Agreement.
Article 19 (Severability)
- Even if any provision or part of a provision of this Agreement is found to be invalid or unenforceable by law, the remaining provisions of this Agreement will remain valid.
- If any provision or part of a provision of this Agreement is found to be invalid or voidable in relation to a specific member, this Agreement will remain valid with respect to other members.
Article 20 (Governing Law and Jurisdiction)
This Agreement is governed by Japanese law. In the event of any dispute arising in connection with the Service, the Tokyo District Court will have exclusive jurisdiction.
Supplementary Provisions
Established on February 1, 2024
Effective on February 1, 2024