Chapter 1 General Provisions
Article 1 (Terms)
This agreement applies between AwakApp Japan G.K. (hereinafter referred to as "our company") and its members regarding the use of services (hereinafter referred to as "this service") provided by AwakApp Japan GK.
If separate agreements are prepared, those separate agreements will take precedence over these agreements, and these agreements will apply to matters not stipulated in separate agreements.
Article 2 (Definitions)
In this agreement, the meanings of the terms listed in the following items shall be as defined in the respective items.
- (2) Contractor Refers to the person who has contracted for this service (person with parental authority, etc.).
- (3) User A person designated by the Contractor who is authorized to access and use the Service.
- (4) User Contractor and User.
- (5) This site The website operated by the Company to provide the Service. The Service is provided to Members and Users via the Site or the Software defined below.
- (6) Software Refers to application software created and published by the Company in order to provide the Service, including updated versions, modified versions, substitutes and duplicates.
- (7) Registration information Member information defined by the Company, which is required to be registered as a prerequisite for using this service.
- (8) Member information Refers to various information, communication records, and all other information of members and users stored on the server managed by the Company for this service, including registration information, information provided by the Company through this service or obtained by members increase.
- (9) Paid services Individual services that are provided for a fee.
- (10) Paid Membership A member who chooses to use paid services.
Article 3 (Changes to Terms)
The Company reserves the right to change these Terms when the Company deems it necessary.
- When the Company changes the content of these Terms, it will notify or announce the fact of the change, its effective date and the content of the change to the members in accordance with the provisions of these Terms.
Article 4 (Notification/Publication)
In the event that the Company notifies or announces to Members in connection with the Service, the Company shall, in a manner deemed appropriate by the Company, such as posting on the Site or posting to individual LINE chats registered as registration information. will be carried out.
- Inquiries regarding the Service and other communications or notifications from Members to the Company shall be made in accordance with the methods stipulated by the Company.
Chapter 2 Formation of Contract
Article 5 (Establishment of this usage contract (admission))
This User Agreement shall be entered into by a person who wishes to use the Service (hereinafter referred to as the "User Applicant") after registering registration information, applying by the method specified by the Company, and accepting the application by the Company. shall be established at the time of At the time the Applicant makes an application in the manner specified by the Company, the Applicant shall be deemed to have agreed to these Terms.
Persons under the age of 13 are not permitted to use the Service. In addition, if the Applicant is a minor between the ages of 13 and 18, the Applicant shall obtain the consent of the legal representative and apply for the preceding paragraph to use the Service. If a minor makes an application as set forth in the preceding paragraph, it shall be deemed that the legal representative has consented to the use of the Service and the content of these Terms.
The Company will screen the Applicant based on the application in paragraph 1, and if the Applicant falls under any of the following items, the Company will not accept the application without notifying the reason. We shall be able to However, even if the applicant does not fall under any of the following items, the Company is not obligated to accept the application.
- (1) If all or part of the registration information provided to the Company is false, erroneous or omitted;
- (2) If the applicant is under the age of 13
- (3) The applicant is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of a legal representative, guardian, curator, or assistant. If -
- (4) Applicants are affiliated with anti-social forces, etc. (organized crime groups, gang members, right-wing groups, anti-social forces, quasi-members of organized crime groups, corporate racketeers, gangsters claiming to be social movements, special intelligence organized crime groups, etc.) The same shall apply hereinafter), has any kind of interaction or involvement with anti-social forces, etc., such as cooperation or involvement in the maintenance, operation or management of anti-social forces, etc. through funding or other means; Or when the Company reasonably determines that the Company is a corporation, etc. that is substantially involved in the management of an anti-social force, etc.
- (5) If the Applicant has been subject to the measures specified in Article 13
- (6) In addition, when provision of this service to applicants is inappropriate
- Members may use the Service from the date the Company accepts the application in paragraph 1.
Article 6 (Usage Fee and Payment Method)
Paid members shall pay to the Company a usage fee separately determined by the Company for each individual service as consideration for the use of the Service.
Paid members shall pay the usage fee by the payment method specified by the Company (credit card, etc.) by the date specified by the Company, and the Company will not refund the usage fee received under any circumstances. .
Communication expenses required for using this service (including communication expenses incurred for downloading and using this software), communication equipment, etc. shall be prepared at the member's expense and responsibility. increase. However, it does not guarantee that this site and this software will operate normally on the communication equipment, etc. used by the member.
Chapter 3 Precautions when using the service
Article 7 (Member ID, etc.)
The member shall strictly manage the member ID (e-mail address) specified when applying for this service and the password associated with the member ID (hereinafter collectively referred to as "member ID, etc.") at their own responsibility. We are responsible for any actions taken using these.
Members shall, at their own responsibility, use a user ID designated for each user (an identifier assigned by the Company to each user and used by the user to use the Service; the same shall apply hereinafter) and The password associated with the User ID (hereinafter collectively referred to as "User ID, etc.") shall be strictly managed, and shall be strictly managed by the User, and shall be responsible for any actions taken using these passwords. bear the
The member shall not allow anyone other than the user to use the service.
Members shall ensure that users comply with the terms of this agreement. A user's violation of these Terms shall be deemed a member's violation of these Terms, and the member and the user shall be jointly and severally liable.
Article 8 (Change of registered information)
If there is any change in the registered information, the member shall promptly notify it by the method specified by the Company.
Section 9 (Third Party Services)
With services operated by third parties other than our company such as LINE, OpenAI, Discord, etc. in this service (hereinafter referred to as "third party services", including synchronization destination services) Cooperation does not mean any partnership, cooperation, authorization or any other cooperative relationship between the Company and the operator of the third party service. Regarding the accuracy, completeness, etc. of the above, we will also check the linked site as appropriate.
Members shall use third-party services at their own responsibility, and shall not be liable for any disputes or other disputes with the operators of the relevant sites/services or third parties arising from cooperation with third-party services. You shall settle your debts and obligations at your own responsibility and expense, and will not cause any trouble to our company, and will compensate us for any damages (including attorney's fees) incurred as a result.
Members acknowledge in advance that data obtained through cooperation with third-party services may not be displayed accurately on this site due to changes in communication equipment, etc.
When using a third-party service, the member shall use the third-party service in accordance with the terms, conditions, rules, etc. stipulated by the operator of the third-party service.
Article 10 (Backup)
Members shall record, store and manage all member information at their own responsibility.
Members shall perform backup work for member information at their own responsibility, and the Company shall not be liable for damages incurred by members due to the absence of backup data or due to the member's failure to properly perform backup work. We will not be held responsible for any loss or damage unless there is a reason attributable to our company.
The Company may record member information as a backup. However, it does not supplement the backup performed under the member's responsibility as stipulated in the preceding paragraph, and does not guarantee the restoration of member information.
Members other than paid members acknowledge in advance that some member information may be automatically deleted after a certain period of time.
Article 11 (Prohibited Acts)
Members shall not engage in any of the following acts in connection with the Service.
- (1) Acts of making false declarations to the Company
- (2) Acts of using the information and services provided by the Company, including the Site and the Software, for purposes other than the use of the Service based on this Usage Agreement;
- (3) Acts that infringe or may infringe the property (including intellectual property rights), privacy, honor, credibility, portrait, publicity, or other rights or interests of the Company or a third party;
- (4) Acts other than the preceding item that infringe or may infringe the rights and interests of the Company or a third party
- (5) Acts that violate the law or are contrary to public order and morals, or acts that are likely to do so
- (6) Acts of illegally using or acquiring a third party's member ID, user ID, etc., or synchronization destination ID, etc., or other acts of a member or user pretending to be a third party to use this service.
- (7) Acts of using or transmitting harmful programs such as computer viruses, or acts that are likely to do so
- (8) In addition to what is stipulated in the preceding item, acts that interfere with, or are likely to interfere with, the execution of business by the Company, the implementation of the Service, or the communication facilities of the Company, such as unauthorized access.
Chapter 4 Cancellation/cancellation/withdrawal
Article 12 (Cancellation of this service by a member)
In the event that the Member cancels the Use Agreement, the Member shall carry out the cancellation procedure in accordance with the method prescribed by the Company, and upon completion of the cancellation procedure, the Use Agreement shall be cancelled. In this case, the member shall confirm the notice of cancellation from the Company at his/her own responsibility. When terminating the use of the relevant service for each individual service, the termination procedure specified for each individual service shall be followed.
Even if the member cancels in accordance with the preceding paragraph, the Company will not refund the usage fee already received.
In the event that the Member cancels the Service Agreement pursuant to Paragraph 1, the Company may delete the member information.
Article 13 (Termination of Contract by Company)
In the event that a member falls under any of the following items, the Company may terminate the User Agreement in whole or in part and withdraw the member without giving any notice to the member. , or stop providing the Service.
(1) If you commit an act that violates these Terms
(2) If all or part of the registration information provided to the Company is false, erroneous or omitted.
(3) If you are currently a person with limited capacity or have become a person with limited capacity, you have not submitted a letter of consent or ratification with the name and seal of a legal representative even after a considerable period of time has passed after the notification. case
(4) Being an anti-social force, etc., having some sort of interaction or involvement with an anti-social force, etc., such as cooperating or being involved in the maintenance, operation, or management of an anti-social force, etc. through funding or otherwise; When the Company reasonably determines that the Company is a corporation, etc. that is substantially involved in the management of anti-social forces, etc.
(5) When the credit card company, payment agency, etc. suspends the use of the member's designated credit card or payment account.
(6) In the event of a petition for provisional seizure, seizure, auction, commencement of bankruptcy proceedings, commencement of corporate reorganization proceedings, commencement of civil rehabilitation proceedings, etc., or in the event of a disposition for non-payment of taxes and public dues.
(7) If it is found that the member has been withdrawn from this service in the past -(8) When the member or contractor has been lost or unable to contact her for more than 90 days
(9) In addition, if you are unsuitable as a member in accordance with the preceding items
Even if the member is subject to a withdrawal disposition based on the preceding paragraph, the Company will not refund the usage fee already received.
In the event that a member is subject to withdrawal from membership pursuant to paragraph 1, the Company may delete member information.
Chapter 5 Suspension, Modification and Termination of Services
Article 14 (Suspension of Service)
The Company may suspend all or part of the Service without prior notice to Members in the event of any of the following events.
- (1) When a failure occurs in the system, equipment, etc. necessary for the provision of this service, or when maintenance, maintenance or construction, etc. is required
- (2) When it becomes difficult to provide this service due to the actions of a third party other than our company, such as the termination of the provision of telecommunications services by telecommunications carriers
- (3) When the provision of the Service becomes difficult or may become difficult due to the occurrence of an emergency (natural disaster, war, terrorism, riot, riot, civil disposition, labor dispute, etc.)
- (4) If the Synchronizable Service becomes unavailable due to the circumstances of the Synchronizable Service;
- (5) When it becomes difficult to provide this service due to laws and regulations, administrative orders, etc.
- (6) In addition, when the Company determines that it is necessary and unavoidable due to reasons not attributable to the Company.
Article 15 (Service Changes)
The Company may add or change part of the content of the Service at its discretion. The Company does not guarantee that all functions and performance of the Service before the change will be maintained due to additions or changes to the Service under this Article.
Article 16 (Suspension and Termination of Service)
The Company may, at its discretion, suspend or terminate the provision of all or part of the Service after notifying the Member in advance. However, if the contents of suspension or termination are not serious, they can be implemented without notice.
Chapter 6 Provision of this software
Article 17 (License)
Our company grants non-exclusive use of this software to users who download this software when using this service, provided that they comply with this agreement. The member shall make the user comply with the matters specified in this chapter regarding the use of this software.
Article 18 (Prohibitions on Software)
When using this software, members shall not perform any of the acts specified in the following items in addition to the matters specified in Article 11.
- (1) Reproduction, translation, adaptation, etc. of this software
- (2) sell, distribute, sublicense, publicly transmit (including making transmittable), lend, assign, lease, or otherwise dispose of the Software;
- (3) Use in a manner that circumvents technical protection measures such as copy guard provided in this software
- (4) reverse engineer, decompile or disassemble any part or all of the Software, or otherwise extract the source code;
- (5) publish the Software for third party reproduction;
- (6) In addition to the preceding items, acts inappropriate in light of the purpose of use of this software.
Article 19 (Restrictions on use)
In the cases set forth in the following items, a part or all of the member's use of this software may be restricted.
- (1) In the event that usage eligibility, etc. cannot be confirmed in the authentication function of license authentication, member ID, etc. for the purpose of confirming eligibility, etc.
- (2) When using this software in a place where there is no internet connection
- (3) When using this software in a communication situation in which real-time communication is not possible
- The Company is not obligated to provide support or modified versions (including updated versions) of this software. In addition, we may modify, change, update, or terminate the provision of this software without prior notice to members.
Chapter 7 General Provisions
Article 20 (Non-Warranty)
We will make every reasonable effort to ensure that the Service functions in the recommended environment. However, the Company does not guarantee the accuracy, legitimacy, usefulness, completeness, etc. of member information. The member shall use the member information after changing, correcting, etc. as necessary at his/her own discretion and responsibility.
- The Company shall not be responsible for the accuracy, completeness, fitness for purpose, usefulness, legality and up-to-dateness of the information provided by the Service (including information provided by the Service in response to user inquiries). We do not guarantee that this service will have a specific learning effect such as obtaining qualifications or passing exams.
Article 21 (Intellectual Property Rights)
All intellectual property rights such as copyrights, moral rights, patent rights, utility model rights, design rights, trademark rights and publicity rights related to this service belong to our company and third parties who are legitimate rights holders. The conclusion of the use contract does not mean the license to use intellectual property rights beyond the scope necessary for the use of this service.
Article 22 (Compensation for Damages and Disclaimer)
With regard to damages incurred by a member in relation to the Service, the Company shall pay one month's worth of the usage fee received from the member for the service that directly caused the damage, except in the case where the Company is found to have been willful or grossly negligent. We will compensate for the damage up to the equivalent amount.
If a member violates these Terms or causes damage to the Company in connection with the use of this service, the member must compensate the Company for the damage caused to the Company.
If a dispute arises between a member and a third party regarding this service, the member shall resolve it at his or her own responsibility and expense, and shall not cause any trouble to the Company, nor shall the Company suffer any damage ( including attorney's fees).
Article 23 (Consignment)
The Company may outsource part or all of the work related to the Service to a third party.
Article 24 (Information Management)
The Company will not disclose member information to a third party without the prior consent of the member. However, this does not apply in the following cases.
- (1) When we receive a request from a law or public institution and recognize the need to comply with the request
- (2) When it is necessary to protect human life, body or property and it is difficult to obtain the member's consent
- (3) When entrusting the information of registered users who use this service to payment system companies, credit companies, banks, etc. for the purpose of billing fee-paying members.
- (4) When disclosing information to a trustee, agent, etc. necessary for the provision of this service or its function enhancement or improvement
- (5) In the case of shared use to provide coordinated services between the Company and its subsidiaries
Notwithstanding the preceding paragraph, the Company shall aggregate and analyze the attributes of member information, create data processed so that members cannot be identified and identified (hereinafter referred to as "statistical data"), and use the Service and the Company. may be used for other services of In addition, statistical data may be disclosed to third parties.
The Company will take reasonable maximum safety measures against risks such as loss, destruction, falsification and leakage of member information.
In order to improve the quality of telephone responses, etc., the Company may record telephone conversations with members and use the recorded content in business.
Article 25 (Personal Information)
Article 26 (Prohibition of Transfer of Rights and Obligations)
Members may, without obtaining the prior written consent of the Company, transfer their rights and obligations under this Agreement to a third party (including comprehensive succession due to merger, company split, etc.) or use them as collateral. shall not be
Article 27 (Governing Law, Court of Jurisdiction)
The Terms and the Use Agreement shall be interpreted and governed by Japanese law.
- In the event of any dispute between the Member and the Company regarding this Agreement, the Tokyo District Court shall be the exclusive jurisdictional court of first instance.
Article 28 (Restrictions on application of these Terms)
Enacted and enforced on April 7, 2023