App Terms of Use
These Terms of Use (the “Terms”) set out the conditions for using the services (the “Services”) provided by Qdan Inc. (the “Company”). Users must use the Services in accordance with these Terms.
Article 1 — Application
- These Terms apply to all relationships between users and the Company concerning the use of the Services.
- In addition to these Terms, the Company may establish rules and other provisions for using the Services (collectively, “Individual Provisions”). Regardless of their name, these Individual Provisions form part of these Terms.
- If these Terms conflict with the Individual Provisions described above, the Individual Provisions take precedence unless they specify otherwise.
Article 2 — Prohibited Conduct
Users must not engage in the following conduct when using the Services:
- Conduct that violates laws or public order and morals.
- Conduct related to criminal activity.
- Conduct that infringes copyrights, trademarks, or other intellectual property rights contained in the Services or their content.
- Conduct that destroys or interferes with the servers or networks of the Company, other users, or third parties.
- Commercial use of information obtained through the Services.
- Conduct that may interfere with the operation of the Company’s services.
- Unauthorized access or attempts to gain unauthorized access.
- Collecting or accumulating personal information or other information about other users.
- Using the Services for improper purposes.
- Conduct that causes disadvantage, damage, or discomfort to other users or third parties.
- Impersonating another user.
- Promotion, advertising, solicitation, or business activities on the Services without the Company’s permission.
- Conduct intended to meet previously unacquainted persons of the opposite sex.
- Providing benefits, directly or indirectly, to antisocial forces in connection with the Company’s services.
- Other conduct that the Company considers inappropriate.
Article 3 — Suspension or Interruption of the Services
- The Company may suspend or interrupt all or part of the Services without prior notice if it determines that any of the following circumstances apply:
- Maintenance or updates to the computer systems used for the Services.
- Difficulty providing the Services due to force majeure, including earthquakes, lightning, fire, power failures, or natural disasters.
- An accidental failure of computers or communication lines.
- Other circumstances in which the Company determines that providing the Services is difficult.
- The Company assumes no liability for any disadvantage or damage suffered by users or third parties as a result of suspension or interruption of the Services.
Article 4 — Restrictions on Use and Cancellation of Registration
- The Company may restrict a user’s use of all or part of the Services or cancel the user’s registration without prior notice if any of the following apply:
- The user violates any provision of these Terms.
- False information is found in the user’s registration details.
- The user fails to fulfill payment obligations for fees or other amounts.
- The user does not respond to communications from the Company for a certain period.
- A certain period has passed since the user’s last use of the Services.
- The Company otherwise considers the user’s use of the Services inappropriate.
- The Company assumes no liability for damage suffered by users as a result of actions taken under this article.
Article 5 — Disclaimer of Warranties and Liability
- The Company does not expressly or implicitly warrant that the Services are free from factual or legal defects, including defects relating to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, errors, bugs, or infringement of rights.
- The Company assumes no liability for any damage suffered by users arising from the Services. However, this disclaimer does not apply when the agreement between the Company and a user concerning the Services, including these Terms, constitutes a consumer contract under Japan’s Consumer Contract Act.
- Even in the case described in the proviso above, the Company assumes no liability for damage arising from special circumstances caused by breach of contract or tort due to the Company’s negligence, excluding gross negligence, even if the Company or the user foresaw or could have foreseen those circumstances. Compensation for damage caused by breach of contract or tort due to the Company’s negligence, excluding gross negligence, is limited to the fees received from the user in the month in which the damage occurred.
- The Company assumes no liability for transactions, communications, disputes, or other matters between users and other users or third parties in connection with the Services.
Article 6 — Changes to the Services
The Company may change the content of the Services or discontinue their provision without notifying users and assumes no liability for damage suffered by users as a result.
Article 7 — Changes to the Terms
The Company may change these Terms at any time without notifying users if it considers a change necessary. A user who begins using the Services after the Terms have changed is deemed to have agreed to the revised Terms.
Article 8 — Handling of Personal Information
The Company handles personal information obtained through use of the Services appropriately in accordance with its Privacy Policy.
Article 9 — Notices and Communications
Notices and communications between users and the Company are made by the methods specified by the Company. Unless a user submits a change through the method separately specified by the Company, the Company considers the contact details currently registered to be valid and sends notices or communications to those details. Such notices and communications are deemed to have reached the user when sent.
Article 10 — Prohibition on Assignment of Rights and Obligations
Users may not assign or pledge their position under the agreement, or their rights or obligations under these Terms, to a third party without the Company’s prior written consent.
Article 11 — Governing Law and Jurisdiction
- These Terms are governed by the laws of Japan.
- Any dispute concerning the Services is subject to the exclusive agreed jurisdiction of the court having jurisdiction over the location of the Company’s head office.