Terms of Service

These Terms of Service (the "Terms") set forth the conditions for using the service (the "Service") provided by Gotaru Inc. (the "Company") through the smartphone application "Michimieru" (the "App"). Registered users ("Users") shall use the Service in accordance with these Terms.

Article 1 (Application)

These Terms apply to all relationships between Users and the Company concerning the use of the Service.

Article 2 (User Registration)

  • User registration is completed when an applicant installs the application and uses the App in the manner specified by the Company.
  • The Company may refuse to approve a registration application if it determines that the applicant falls under any of the following, and the Company has no obligation to disclose the reason.
    • If false information was submitted during the registration application.
    • If the application is from a person who has previously violated these Terms.
    • If the applicant is a minor, adult ward, person under curatorship, or person under assistance and has not obtained consent from a legal representative, guardian, curator, or assistant.
    • If the Company determines that the applicant is an antisocial force, such as an organized crime group, member of such group, right-wing organization, antisocial force, or equivalent person, or is cooperating with or involved in the maintenance, operation, or management of antisocial forces through funding or other means.
    • If the Company otherwise determines that registration is inappropriate.

Article 3 (Management of User ID and Password)

  • Users are responsible for managing their user ID and password for the Service.
  • Users may not transfer or lend their user ID or password to any third party under any circumstances. If a login occurs using a combination of user ID and password that matches registered information, the Company will deem it to be use by the User who registered that user ID.

Article 4 (Prohibited Acts)

Users shall not engage in the following acts when using the Service.

  • Acts that violate laws, regulations, or public order and morals.
  • Acts related to criminal activity.
  • Acts that destroy or interfere with the functions of the Company's servers or networks.
  • Acts of unauthorized access, or attempted unauthorized access, to the Company's servers, APIs, databases, or other systems by means other than the official client provided by the Company (the App).
  • Acts that may interfere with operation of the Company's services.
  • Acts of collecting or accumulating personal information or similar information about other users.
  • Acts of impersonating another user.
  • Acts of directly or indirectly providing benefits to antisocial forces in connection with the Company's services.
  • Acts that infringe intellectual property rights, portrait rights, privacy, reputation, or other rights or interests of the Company, other users of the Service, or third parties.
  • Acts of posting or transmitting excessively violent expressions, explicit sexual expressions, expressions that lead to discrimination based on race, nationality, creed, gender, social status, family origin, or similar attributes, expressions that encourage or promote suicide, self-harm, or drug abuse, or other antisocial content that causes discomfort to others.
  • Acts for business, advertising, solicitation, or other commercial purposes except those approved by the Company; acts for sexual or obscene purposes; acts for meeting or dating strangers of the opposite sex; acts for harassment or defamation of other customers; or acts of using the Service for purposes different from its intended use.
  • Religious activities or solicitation to religious organizations.
  • Other acts that the Company determines to be inappropriate.

Article 5 (Suspension of Service Provision, etc.)

If the Company determines that any of the following events has occurred, the Company may suspend or interrupt provision of all or part of the Service without prior notice to Users.

  • When conducting maintenance inspections or updates of computer systems related to the Service.
  • When provision of the Service becomes difficult due to force majeure such as earthquake, lightning, fire, power outage, or natural disaster.
  • When computers, communication lines, or similar systems stop due to an accident.
  • When the Company otherwise determines that provision of the Service is difficult.

The Company shall not be liable for any disadvantage or damage incurred by Users or third parties due to suspension or interruption of the Service, regardless of the reason.

Article 6 (Copyright and Ownership of Measurement Data)

  • Copyrights in text, images, videos, and other content posted or edited by Users through the Service are reserved by the relevant Users or existing rights holders. However, the Company may use text, images, videos, and other content posted or edited through the Service, and Users shall not exercise moral rights with respect to such use.
  • All rights related to traffic data, statistical data, and measurement data including location information generated by Users through the traffic counting feature of the Service ("Measurement Data") belong to the Company. Users may view and reference Measurement Data within the scope of personal use, but may not commercially use, provide to third parties, sell, transfer, or otherwise dispose of Measurement Data.
  • The Company may statistically process Measurement Data and use it in a form that cannot identify individuals for service improvement, new feature development, academic research, and other purposes.
  • Except as provided in the preceding paragraphs, all copyrights and other intellectual property rights in the Service and all information related to the Service belong to the Company or rights holders who have licensed them to the Company. Users may not reproduce, transfer, lend, translate, modify, reprint, publicly transmit, transmit, distribute, publish, or commercially use such information without permission.

Article 7 (Use Restrictions and Deregistration)

In the following cases, the Company may delete posted data, restrict all or part of the User's use of the Service, or deregister the User without prior notice.

  • If the User violates any provision of these Terms.
  • If false facts are found in registration information.
  • If a petition is filed for commencement of bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or similar proceedings.
  • If the Service has not been used for one year or more.
  • If the User does not respond for 30 days or more to inquiries or other communications from the Company requesting a response.
  • If the User falls under any item of Article 2, Paragraph 2.
  • If the Company otherwise determines that use of the Service is inappropriate.

If any of the preceding items applies, the User will naturally lose the benefit of time for all obligations owed to the Company and must immediately pay all obligations in a lump sum.

The Company shall not be liable for any damage incurred by Users as a result of actions taken by the Company under this Article.

Article 8 (Disclaimer of Warranties and Limitation of Liability)

  • The Company makes no express or implied warranty that the Service is free from factual or legal defects, including defects, errors, bugs, or rights infringements relating to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, or security.
  • The Company shall not be liable for any damage incurred by Users arising from the Service. However, this disclaimer does not apply if the contract between the Company and the User concerning the Service, including these Terms, constitutes a consumer contract under the Consumer Contract Act of Japan.
  • Even in the case specified in the proviso of the preceding paragraph, the Company shall not be liable for damages arising from special circumstances, including cases where the Company or User foresaw or could have foreseen the occurrence of damage, among damages incurred by the User due to default or tort caused by the Company's negligence, excluding gross negligence.
  • The Company shall not be liable for transactions, communications, disputes, or similar matters arising between Users and other users or third parties in connection with the Service.

Article 9 (Changes to Service Content, etc.)

The Company may change the content of the Service or discontinue provision of the Service without notifying Users, and shall not be liable for any damage incurred by Users as a result.

Article 10 (Changes to the Terms)

The Company may change these Terms at any time without notifying Users when it determines that such change is necessary.

Article 11 (Notices and Communications)

Notices and communications between Users and the Company shall be made by the method specified by the Company.

Article 12 (Prohibition of Assignment of Rights and Obligations)

Users may not assign or pledge their contractual status, rights, or obligations under these Terms to any third party without the Company's prior written consent.

Article 13 (Governing Law and Jurisdiction)

  • These Terms shall be governed by the laws of Japan.
  • If a dispute arises in connection with the Service, the court having jurisdiction over the location of the Company's head office shall have exclusive agreed jurisdiction.

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