This Terms of Service (“Terms”) set forth the rights and obligations between Whatever Co. (“Company”) and users (“Users”) of any services or features of the “MoAR” application (App), which is provided by the Company. In order to use the App, Users shall fully read and consent to the Terms.

1. Application of Terms

The Terms set forth the rights and obligations between the Company and Users regarding the conditions of provision and use of the App. The Terms apply to any and all relationships between Users and the Company related to the use of the App.

2. Consent to the Terms

Users shall use the App in accordance with the Terms, and cannot use the App without consenting to the Terms.
Upon Users’ download of the App to his/her/their smartphone or any other information terminal and completion of the consent process to the Terms, Users shall be deemed to have accepted all provisions of the Terms with no objection and consented to use the App in accordance with the Terms.

3. Users

When Users permit wards and other third parties to use the App, Users shall be responsible for ensuring that such third party comply with Users’ obligations under the Terms, and the Company will not be liable in any and all means.

4. Use of the App

Users can use the App for personal use only, and cannot use the App for any other purpose such as sale, distribution or development.
The preparation and maintenance of network and communication environments, such as information terminals, software, and Internet connections, shall be done at the Users’ expense and responsibility.

5. Restrictions

Users shall not engage in any of the following acts or any other acts the Company deems applicable to the following when using the App:
Activities that violate the laws and regulations, as well as activities that aid, solicit, coerce, or promote violations of laws and regulations;
Activities that are contrary to public order and morals;
Activities that modify or duplicate the App;
Activities that exert excessive burden on servers of the App;
Activities that interfere with the operation of the App;
Activities that interfere with other Users’ use of the App;
Activities that exceed personal use of the App or the Company’s content related to the App permitted under the copyright law such as reproduction, publication, proclamation, transfer, public transmission, or any other forms of use;
Activities that infringe or may infringe intellectual property rights such as copyrights and registered trademarks, portrait rights, privacy, and fame of the Company and/or other right holders (including but not limited to all those stipulated by law and recognized by judicial precedents);
Activities that libel, threaten, harass, or defraud other Users of the App;
Activities of unauthorized access to communication facilities, computers, other equipment, or software of the Company and/or a third party entrusted by the Company, or any other activities that cause disadvantage to the Company and/or a third party;
Activities of expression that lead to discrimination by ethnicity, religion, race, sex, age, etc.;
Activities that violate pre-election campaigning and the Public Offices Election Act;
Activities for profit-making that are not authorized by the Company such as sales, auctions and monetary payments;
Activities that are not authorized by the Company, such as advertising products and services, publication of profile content for promotional purposes, and spam mails and chain mails for solicitation;
Activities that benefit or collaborate with anti-social groups;
Activities that conform to, or may be applicable to any activity stated in above; and
Other activities that the Company deems to be inappropriate.

6. Suspension of the App

The Company may suspend or discontinue provision of the entiriety of or part of the App without prior notice to Users in case of the occurrence of the following:

When conducting urgent inspection or maintenance of the App’s computer system;
When computers and network lines shut down due to an accident;
When the App cannot be operated due to force majeure such as earthquakes, thunderstorms, fires, storms, flood damage, power outage, or other such natural disasters; and
Any other cases when the Company determines it to be necessary to suspend or discontinue.
The Company shall not be liable for any and all damages caused to Users incurred by the Company’s actions conducted under this Article.

7. Retention of Rights

All intellectual property rights in regard the App, such as copyrights, trademarks, patents, design rights, know-how (including but not limited to laws and regulations outside Japan, and right to acquire these rights or to apply for registration) shall be retained by the Company and/or licensors of such rights.

Furthermore, the copyright of the user content created by Users using the App belongs to Users. However, the Company retains the copyright to the MoAR included in such user content (including but not limited to the rights as the author of the original work with respect to derivative work (such as the aforementioned user content) from which such MoAR is the original work).

Users shall not infringe intellectual property rights, trademarks, or any other rights of any third party in regard to the creation and use of user content. The Company will not be liable for any infringement of a third party’s rights by Users, and Users shall resolve any dispute with such third party at his/her responsibility and expense.

8. Compensation for Damage

In the case where the Company has suffered loss/damage directly or indirectly due to the User’s activity that violates the Terms or any other use of the App (including but not limited to cases in which the Company receives a claim for damages or any other claims from a third party due to such activities), the User shall compensate the Company for all loss/damage (including but not limited to expenses for professionals such as legal counsel and labor costs required by the Company to address the situation).

The Company shall not be liable to compensate for any other loss/damage incurred directly or indirectly by the User,ward or any other third party regarding the use of the App.

9. Termination of Use, Modify of Content, or Termination of Provision of the App

Users may terminate use of the App at any time by uninstalling the App or by any other method prescribed by the Company. Users who terminate the use of the App will no longer be able to use the App from the time of such termination.
The company may modify the contents of the App or terminate the provision of the App due to circumstances of the Company. When the Company terminates the provision on the App, the Company shall notify Users in advance. The Company shall not be liable for any and all damages caused to Users incurred by the Company’s actions conducted under this Article.

10. Warranties and Limitation of Liability

The company shall provide no warranty that the app has fitness for Users’ particular purposes, contains expected functions, commercial value, accuracy and usefulness, the use of the App by Users complies with the laws and regulations applicable to Users or internal rules and regulations of an industry association, no defects will occur, and any other matters other than those clarified in the terms.
The Company will not be liable to provide compensation for interruption, suspension, termination, unavailability or modification of the App by the Company, deletion or loss of messages or information sent by the User to the App, cancellation of user registration, loss of registration data or failure and damage to equipments due to use of the app, and any other damages incurred by the User regarding the App.
The Company will not guarantee that the App is compatible with all information terminals, and Users shall approve in advance that malfunctions may occur as a result of OS upgrades of the information terminal used for the App. In case of such malfunctions, the Company will not guarantee any program modifications, etc. made by the Company will resolve such malfunctions.
Users shall approve in advance that the use of the App may be restricted in whole or in part due to modification in the AppStore’s terms of use and operating policies.
The Company will not be liable for any and all transactions, contacts, disputes, etc. related to the app that occur between users and other users or third parties.

11. Safe and Appropriate Use

While using the App, please be aware of your surroundings and use safely. The Company will not be responsible for any and all accidents that occur during the use of the App.
Users shall agree to use this service at his/her own risk, not violate any applicable laws, regulations or instructions set forth in the Terms, and not promote or enable others to violate such rules.

12. Modification of the Terms

The Company may modify these Terms. When modifying these Terms, the Company shall notify Users the contents of such modifications and the effective date of such modifications in advance. After notifications of such modifications, Users shall be deemed to accept the modifications of these Terms when Users use the App or fail to complete the deregistration process within the period specified by the Company.

13. Contact / Notification

Inquiries regarding the App and other contacts or notifications from Users to the Company, as well as notifications regarding the modification of the Terms and other contacts or notifications from the Company to Users shall be conducted in the manner prescribed by the Company.

14. Assignment of Contractual Status

Users shall not make dispositions, such as assign, transfer or set collateral any and all contractual status related to the Terms or the use of the App (collectively, “Terms, etc.”), or for any rights or obligations under the Terms, etc. to a third party without prior written approval from the Company.

15. Language, Governing Law and Jurisdiction

These Terms shall be correct only in Japanese, and translation prepared in any language other than Japanese shall not have any original potency.
These Terms will be governed by the laws of Japan.
Any and all conflicts that arise from or relate to these Terms will be governed primarily under the exclusive jurisdiction of the Tokyo District Court.

September 01, 2022