ADV Co., Ltd (hereinafter referred to as “the Company”) provides the Memory Calendar service (hereinafter referred to as “the Service”) to customers (hereinafter referred to as “Users”) in accordance with these Terms of Service (hereinafter referred to as “the Terms”). The Terms define the conditions for providing the Service and the rights and obligations between the Company and Users. Users must agree to the Terms to use the Service. By using the Service, Users are deemed to have agreed to the Terms.
Article 1: Application
- The Terms apply to all relationships between the Company and Users regarding the use of the Service.
- Rules and notices regarding the Service posted on the Company’s website or application are part of the Terms.
- In case of any discrepancies between the Terms and the rules or notices, the Terms take precedence.
- Users under the age of 16 must have the consent or permission of a parent or guardian to use the Service.
Article 2: Definitions
Terms used in the Terms are defined as follows:
- Company Website: The website operated by the Company with the domain “aspire-digital-vision.co.jp”
- Company Application: The smartphone application “Memory Calendar” distributed on “App Store” operated by Apple Inc. or iTunes K.K. and “Google Play” operated by Google Inc. (including any subsequent changes in the service name or content)
Article 3: Service Overview
- The functions of the Service (hereinafter referred to as “the Functions”) include:
- Registering events in the calendar
- Creating new calendars and inviting other users or third parties
- Joining existing groups shared by other users
- Writing, modifying, and viewing entries within the Service
- Viewing, writing, and modifying entries posted by other users
- Receiving notifications of announcements from the Company and posts from users
- Uploading and attaching photos
- Other functions specified separately by the Company
- The Functions and their usage conditions can be set freely by the Company and may vary daily based on usage history, days of the week, time, weather, and other conditions, and may differ among users.
- Users are responsible for preparing the necessary communication devices, communication means, and power at their own expense.
- The Company may display advertisements from the Company or third parties within the Service. Transactions with advertisers within the Service are conducted at the user’s own responsibility, and the Company bears no responsibility for any damages incurred by users related to such transactions.
Article 4: Registration
- Individuals wishing to use the Service (hereinafter referred to as “Applicants”) must agree to the Terms and register as users at their own responsibility and expense.
- Applicants become users upon completing user registration.
Article 5: Suspension and Termination of Use
The Company may, without prior notice or warning, suspend or terminate the use of the Service or delete the registration of users who violate the Terms or whom the Company deems inappropriate for continuing the use of the Service.
Article 6: Termination of Use
User registration is considered terminated upon deletion of the user registration or uninstallation of the application. However, obligations borne by the user to the Company before termination shall continue to exist after termination.
Article 7: User Responsibilities
- Users are responsible for using the Service at their own risk and bear all responsibility for actions taken and their consequences.
- Users guarantee that the content posted (hereinafter referred to as “Posted Content”) does not infringe the rights of third parties. Users resolve any disputes with third parties at their own expense and responsibility and will not cause any inconvenience or damage to the Company.
- Users who infringe on third-party rights must resolve such issues at their own expense and responsibility, and the Company bears no responsibility.
- The Company does not guarantee the non-disappearance of data or Posted Content registered on the application. Users must back up their Posted Content, as the Company is not obligated to do so.
- Users shall compensate the Company or third parties for any damage caused by the use of the Service.
Article 8: Prohibited Activities
The Company prohibits the following activities and may take necessary actions without prior notice if users engage in such activities:
- Violating the Terms
- Violating laws or related to criminal acts
- Endangering public order or morals
- Impersonating third parties
- Infringing third-party rights or privacy
- Spreading false information intentionally
- Violent or cruel expressions
- Engaging in sexual or obscene activities
- Seeking encounters or relationships with unknown persons
- MLM (multi-level marketing) solicitations
- Religious solicitations
- Discrimination based on race, nationality, creed, gender, social status, lineage, etc.
- Inducing or encouraging suicide, self-harm, or drug abuse
- Posting or transmitting expressions that cause discomfort to others
- Harassing or slandering other users
- Spamming or bulk messaging
- Overloading the Service’s network or systems
- Unauthorized access to the Service’s network or systems
- Other inappropriate activities judged by the Company
Article 9: Service Suspension
The Company may suspend or interrupt the Service without prior notice for reasons such as system maintenance, power outages, natural disasters, accidents, or issues with necessary platforms or services. The Company bears no responsibility for any damages incurred by users due to such measures.
Article 10: Service Changes and Termination
- The Service is continually evolving, and its form and nature may change without prior notice. The Company may notify users in advance and permanently or temporarily terminate the Service. However, in unavoidable or urgent cases, the Company may terminate or suspend the Service without prior notice.
- Users acknowledge that the Service and the application are provided “as is” and bear the risks associated with their use.
Article 11: Disclaimer
- The Company does not guarantee that the Service meets specific purposes, expected functions, accuracy, or usefulness, or that it is free of defects.
- The Company is not responsible for any damages suffered by users from the use of the Service, including those caused by defects, errors, or interruptions.
- The Company does not monitor or store user communications or activities. Disputes between users must be resolved by the users themselves, and the Company bears no responsibility.
- Users are responsible for managing information stored on their devices, and the Company is not responsible for damages caused by loss, theft, hacking, or other incidents.
- If the Terms fall under consumer contracts as defined by applicable laws, the Company’s liability for damages is limited to direct damages suffered by the user.
Article 12: Service Rights
- The Company owns the intellectual property rights to the content, trademarks, images, advertisements, and designs within the Company’s website and application, excluding Posted Content.
- Users may not reproduce, edit, publish, publicly transmit, distribute, sell, provide, or use any content or software within the Service without the Company’s or rights holders’ permission, except as permitted by law.
- The Company bears no responsibility for damages suffered by users due to violations of the preceding clause, and may claim the equivalent of any profits gained by users from such violations.
Article 13: Rights to Posted Content
- Intellectual property rights to Posted Content belong to the users.
- Users may only post or edit content they have the necessary rights to or have obtained permission from rights holders.
- The Company may use Posted Content for the smooth provision, construction, improvement, and maintenance of the Service and systems without compensation.
Article 14: Handling of User Information
- The Company handles user information in accordance with its Privacy Policy. Users agree to the handling of their information as outlined in the Privacy Policy.
- The Company may use and publish information provided by users as statistical information that cannot identify individuals.
Article 15: Campaigns and Surveys
- The Company may conduct campaigns and surveys as part of the Service.
- Intellectual property rights to responses to campaigns and surveys belong to the Company upon submission by users and are handled according to the Company’s Privacy Policy.
- The Company may provide gifts to designated users (hereinafter referred to as “Winners”) in campaigns and surveys.
- Users participating in campaigns or surveys must register necessary information as specified by the Company to receive gifts.
- If the required registration is not completed, or false information is registered, or if the Company deems it likely, Winners lose the right to receive gifts, and the Company is not obligated to provide gifts.
- The Company is not liable for damages or disadvantages suffered by Winners related to gifts.
- The right to receive gifts is non-transferable, non-lendable, non-changeable, non-pawnable, and cannot be used by third parties.
- Users guarantee that the data provided to the Company or advertisers does not infringe third-party rights and is lawful.
- Users causing disputes or damages from provided data must bear the costs and compensate the Company.
Article 16: Changes to the Terms
The Company may change the Terms and will notify users of such changes on the Company’s website or application. The changes take effect upon posting. Users are deemed to have agreed to the changes by continuing to use the Service.
Article 17: Communication and Notices
Inquiries about the Service or notices regarding changes to the Terms, and other communications from the Company to users will be conducted by methods specified by the Company.
Article 18: Transfer of Contractual Status
- Users may not transfer or dispose of their contractual status or rights and obligations under the Terms to third parties without prior written consent from the Company.
- The Company may transfer its business related to the Service to another company (including business transfers, mergers, corporate splits, etc.) and transfer the contractual status, rights, obligations, registration information, and other customer information to the transferee. Users are deemed to have consented to such transfers.
Article 19: Severability
If any provision of the Terms or part thereof is judged invalid or unenforceable under applicable laws, the remaining provisions and parts of the Terms shall continue in full force and effect.
Article 20: Governing Law and Jurisdiction
The Terms and Service contracts are governed by Japanese law. All disputes related to the Terms or Service contracts are subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
