"Avacha App" Terms of Use
These "Avacha" Terms of Use (hereinafter referred to as "these Terms of Use") stipulate the conditions for using the "Avacha App" (hereinafter referred to as "this App"), an application operated and provided by the Avacha App developer (hereinafter referred to as "our company").
Article 1 (Definitions)
-
Registered user information, registered account information
Information, name, and email address registered on our management server when logging in to this app -
Registered user, registrant
A person who is registered on our management server by logging in to this app -
This service
Services provided by our company in this app
Article 2 (Application of these Terms of Use and Related Terms, etc.)
1. This Agreement shall be valid when you download this App from the AppStore and install it on an iOS device owned or managed by you.2. These Terms of Use and Related Terms, etc. shall also apply to any updated version of this App.
Article 3 (Use of this App)
1. If you do not agree to any part of the terms of this Agreement, you may not use this App. In this case, you must immediately delete this App from your iOS device at your own responsibility and expense.Article 4 (Purpose and Scope of These Terms)
- These Terms of Use stipulate the conditions for the provision of services by this app and the rights and obligations between our company and registered users that arise in relation to the use of the service. They also apply to all relationships related to the use of this service that arise between our company and registered users.
- In the event of any discrepancy between these Terms of Use and other descriptions of the services of this app outside these Terms of Use, these Terms shall take precedence.
Article 5 (Changes to these Terms of Use)
- Our company reserves the right to change these Terms of Use when we determine that such changes are appropriate and reasonable and necessary for the management and operation of this app.
- The changed Terms of Use will come into effect from the time the updated version is posted on the app's website, unless otherwise specified by our company.
- If a registered user uses this app after the changes to these Terms of Use in the previous paragraph come into effect, or if it is confirmed that the user has not taken steps to cancel their registration for more than two weeks, the registered user will be deemed to have agreed to the changes to these Terms of Use and to the updated Terms of Use.
Article 6 (Handling of Registered User Information)
- Our Company will properly manage the Registered User Information and other personal and private information of Registered Users in accordance with the separately stipulated Privacy Policy. Registered users of this application agree that the Company will manage such information based on the Privacy Policy.
- Our Company may use or disclose, at its discretion, the Registered User Information and other user information and data provided to the Company directly or indirectly by the Registered User as statistical information in a format that does not allow the identification of individuals, and the Registered User agrees to this.
Article 7 (Regarding Deletion of Registered User Accounts)
- Registered users may delete their accounts at any time using the method specified by our company.
- By deleting a registered account, the registered user will lose all rights as a registered user to this application (such as the right to view the registrant's personal page).
- After deleting a registered account, the handling of registered user information etc. will be in accordance with Article 6 (Handling of Registered User Information).
Article 8 (Regarding the Deletion of Registered User Accounts by the Company)
-
Our Company may delete a registered user's account without prior notice in the following cases.
(1) If a violation of any item stipulated in these Terms of Use or other terms is discovered.
(2) If the Service has not been used for a period of more than six months.
(3) If it is found that the case falls under Article 3 (4).
(4) If the Company otherwise determines that the use of the App, use as a registered user, or continued use of the Service is not appropriate.
(5) If any of the above 1-4 applies and the Company deletes the registered account or terminates the service agreement, the registered user will be unable to use the Service.
(6) Our Company shall not be held liable for any damages incurred by the Registered User as a result of the Company's actions in 1-5 above.
Article 9 (Confidentiality of Communications)
- Based on the provisions of the Telecommunications Business Act (Act No. 86 of 1984), the Company will endeavor to protect the confidentiality of registered users' communications.
-
Notwithstanding the provisions of the preceding paragraph, the Company may provide information regarding the confidentiality of registered users' communications to third parties within the scope of the following items, and each registered user agrees to this in advance.
(1) In the case where a compulsory disposition or court order is issued based on the contents of each law such as the Code of Criminal Procedure (Law No. 131 of 1948) or the Law on Wiretapping for Criminal Investigation (Law No. 137 of 1999), the scope of the disposition or order.
(2) In the case where a compulsory disposition or order is issued based on laws other than those mentioned in the previous paragraph, the scope of the disposition or order.
(3) In the case where a request for disclosure of information is made pursuant to Article 4 of the Law on Limitation of Liability for Damages of Specified Telecommunications Service Providers and Disclosure of Identification Information of the Caller (Law No. 137 of 2001) and the Company determines that the request for disclosure fully meets the legal requirements, the scope of the request for disclosure.
(4) In the case where the Company determines that the appropriateness and necessity for protecting the life, body, property rights, and personal rights of others fully meets the information disclosure requirements, the scope necessary to protect the life, body, property rights, and personal rights of others. - In order to prevent acts that violate legal prohibitions or the transmission of data that contains inappropriate language (including the requirements of the Child Pornography Prohibition Act), we may check and restrict data transmission under certain conditions, even if the content of the transmission is subject to the confidentiality of communications.
Article 10 (Registration)
-
In order to use this app, you must register in advance as specified by our company. If you do not agree to any part of the terms and conditions after reading them, you cannot use this app. In this case, you must immediately delete this app from your iOS device at your own responsibility and expense.
- If we find that a registered user falls under any of the following items, we may not approve the use and delete the account.
(1) If the user illegally logs in and uses the app in a manner other than that specified by our company.
(2) If the user is under the age of 13 and is not a person separately approved by our company for use.
(3) If we determine that the user is a minor and has not obtained the consent of a legal representative.
(4) If it is discovered that the user belongs to anti-social forces (gangs, gang-related companies, right-wing groups, or other groups or groups of similar nature) or is in a cooperative relationship with such forces, or if the Company determines that there is a possibility of such a relationship.
Article 11 (Functions of this Application)
1. About the "Edit Profile" Screen
-
Setting Avatars
When using this application, users can set their avatars. When you tap "Set Avatars", the avatar selection screen will be displayed, and you can select the avatar you will use from there. You can choose between paid and free avatars. If you select a paid avatar, a purchase confirmation screen will be displayed, so you can only purchase it if you really want to purchase it.
Avatars are not for exclusive use, so other users may use the same application.
In addition, if you change your avatar, you will need to repurchase the paid avatar even if you want to change it to the same avatar again. For this reason, you should carefully consider changing your avatar.
Avatar prices are subject to change. -
Setting Nicknames
When using this application, users can set their nicknames.
Nicknames can be changed at any time.
-
Setting self-introduction text
When using this app, users can set a self-introduction text.
-
Diary function
Users can write and save any content.
-
Chat function
Users can use the chat function.
・You can talk to other users in text on the chat screen.
・You can talk to AI in text on the chat screen.
Article 12 (User's Responsibility for Posted Data)
- Registered users represent and guarantee to the Company the following regarding posted data.
a. The poster has the legal right to post and otherwise transmit the data.
b. The posted data does not infringe on the rights of third parties (intellectual property rights, reputation, credit, personal information, privacy rights, and other personal rights, and property rights).
- Our Company shall not be held responsible for any transactions, communications, disputes, etc. that arise between the customer and a third party in relation to this application.
- The management and backup of the original data or processed data processed using this application shall be the sole responsibility of the customer, and the Company shall not be held responsible for any loss of data caused by malfunctions of this application or equipment failures, etc.
Article 13 (Prohibited Matters)
- Reverse engineering of the App, copying or modifying the App, whether in whole or in part, or creating derivative works of the App is prohibited.
- Lending, leasing, renting, sublicensing, reselling, or pledge of the App to a third party (including your subsidiaries and affiliates), whether in whole or in part, is prohibited.
- Modifying the source code of the functions, documents, or programs belonging to the App, in whole or in part, is prohibited.
-
Obscene expressions (including not only expressions in the form of videos, photographs, etc., but also expressions in the form of drawings, paintings, text, audio, etc. The same applies below) and acts that encourage such expressions.
-
Use of the Service for the purpose of meeting or dating unknown people (regardless of the opposite sex or the same sex) (This Service is not an online dating service, so any actions that fall under this category or are similar to this are prohibited)
-
Spamming (examples are listed below, but are not limited to these. This includes any actions that the Company considers to be spamming.)
- Sending spam messages: Sending large volumes of messages indiscriminately without regard to the recipient's will or judgment, using information about registered users obtained by using the Service
- Posting spam: Posting large volumes of identical or similar data to the Service.
-
Impersonation (using another person's name, or a false name, or falsifying age, gender, or affiliation. Also falsely claiming to be the representative of any organization, or to have a major interest or position. Also falsely claiming to be affiliated or in cooperation with a specific individual or organization, whether real or fictitious)
-
Stalking (using information obtained through the Service to harass other users, or to engage in other nuisance activities)
-
Use of the Service by persons under the age of 13. However, this does not include cases approved separately by the Company.
-
Using the App in a manner that violates or circumvents the age or other restrictions on the use of the Service.
-
Soliciting or encouraging minors to run away from home or commit crimes or other delinquency.
-
Any other act that is intended to induce or encourage any of the preceding items, while being aware that such acts fall under any one or more of the preceding items.
-
Discrimination, prejudice, racism, hatred, or harassment against individuals or groups
-
Violation, threats, or encouragement of violence against people or animals
-
Expressions that include excessively violent and cruel scenes
-
Illegal gambling or solicitation of gambling
-
Drug abuse or encouraging or soliciting such acts
-
Any other acts that the Company deems inappropriate.
Article 14 (Intellectual Property Rights, etc.)
-
Our Company holds the copyright and other intellectual property rights to this app.
- All data provided by this app, including text information and images, are protected by copyright law. Copying, selling, posting, licensing, publishing, distributing, transmitting to an unspecified number of people, etc., of this data beyond the scope permitted by law without the prior permission of the Company is prohibited.
-
3. Attribution of intellectual property rights of data posted by users
Intellectual property rights related to posted data belong to the registered user who created the posted data, except for those that should belong to a third party.
All other rights, including intellectual property rights, related to posted content belong to the user or the original rights holder. However, you must allow the Company to grant certain rights as described below.
-
Grant of License to the Company for the Content
When you provide content to the Service, you grant to the Company a worldwide, sublicensable, and transferable license to use the posted content for the Service and the Company's (and its successors and affiliates') business, free of charge and non-exclusively (including copying, duplication, modification, creation of derivative works, exhibition and performance, sublicensing to third parties, and any other use). This scope also includes use for the purpose of advertising or redistributing all or part of the Service.
-
Expiration date of the license described above
The license for the content granted by the user of the Service will continue for a commercially reasonable period of time even after the user deletes the content. The user understands and agrees that copies of deleted articles may remain on the server. In this case, the article held by the Company will not be displayed, distributed, or performed.
-
Rights related to monetization using the provided content
The user grants the Company the right to use the provided content for monetization. (In this case, monetization includes displaying advertisements on or within the content, and charging users a fee for accessing the content). These Terms do not grant the user any right or entitlement to receive payment from the Company.
-
Deletion of the content provided by the user
The user may delete the article provided by the user from the Service at any time. If the rights set forth in these Terms are lost, the content must be deleted.
-
Cases in which the Company deletes content provided by users
Our Company reserves the right to delete the content from the service at its sole discretion if it is reasonably determined that any of the following cases apply.
a. When the content is deemed to violate the terms of this Agreement.
b. When it is determined that the display of the content is causing or has the potential to cause damage to users or third parties.
c. Regardless of the above cases, when the Company determines that the content is inappropriate.
In any case, the Company shall not be held liable for any loss of profits or damages caused by the deletion.
Article 15 (Disclaimer)
- Even if a defect is found in the use of this app and the defect causes damage to the customer, the company shall not be liable for any damages incurred by the customer.
- The company shall not be liable for any transactions, communications, disputes, etc. that arise between the customer and a third party in relation to this app.
-
The customer shall be responsible for the management and backup of the original data or processed data processed using this app, and the company shall not be liable for any loss of data caused by defects in this app or equipment failures.
- The company shall not be liable for any transactions, communications, disputes, etc. that arise between the customer and a third party due to the use of the example sentences and temporary sentences in this app.
Article 16 (Interruption, Change, and Suspension of Provision of the App)
-
In any or more of the following cases, the Company may temporarily suspend provision of the App without prior notice to the Customer.
(1) When regular or emergency maintenance of the App's functions is performed
(2) When provision of the App cannot be made due to natural disasters, fire, electrical or radio disturbances, epidemics of infectious diseases, riots, etc.
(3) When the communication services used to use the App are stopped or disrupted
(4) When communication failure occurs due to circumstances such as the usage environment of the terminal device
(5) When the Company determines that it is necessary to temporarily suspend provision of the App for other reasons, such as system operation or technical aspects. - Our Company shall not be liable for any damages incurred by the Customer or a third party due to the interruption or suspension of provision of the App.
Article 17 (Changes to the Service Contents, etc.)
- Our Company may add, change, or reduce all or part of the App without the Customer's consent or prior notice.
Article 18 (Communication Equipment, etc.)
-
The Customer shall prepare, at its own expense, all communication equipment required for use of the Service and other equipment necessary associated therewith.
- The Customer shall enter into a contract with a communication service company necessary for use of the Service and shall connect to the Service at its own expense.
Article 19 (Governing Law and Jurisdiction)
- If a dispute arises between you and the Company in relation to the use of the services provided through this app and the need arises to resolve it through litigation, the Tokyo District Court shall be the exclusive court of first instance.