These Terms of Use ("Terms") set forth the terms and conditions for the use of services ("Services") provided by DEARWONDER Inc. ("Company") through this application and this website. Users are required to use this application, this website, and the Services in accordance with these Terms.
Article 1 (Definitions)
"Content" means text, audio, music, images, videos, software, programs, code, and other information.
"Target Products" means goods or services sold by the Company through this application or this website.
"Device" means equipment such as personal computers, smartphones, tablets, etc., that users use to utilize this application, this website, and the Services.
"This Application" means the following application software provided by the Company.
DEARWONDER+
"This Website" means the following website provided by the Company.
https://dearwonder.ai
"This Content" means all content accessible through the Services, regardless of who created, posted, transmitted, or uploaded it.
"Posted Content" means content posted, transmitted, or uploaded to the Services by users of the Services.
"Anti-social Forces" means organized crime groups, members of organized crime groups, right-wing groups, and other similar entities.
"Registration Information" means information determined by the Company as necessary for applicants for service registration to provide to the Company in order to apply for registration. Registration Information includes the following items and other items determined by the Company as necessary.
- Email address
Article 2 (Consent to Terms)
1. Users may use this application, this website, and the Services only if they agree to these Terms. Users agree to these Terms by checking the checkbox.
2. In addition to these Terms, the Company may establish rules, conditions, guidelines, etc. ("Individual Provisions") for the use of this application, this website, and the Services. Users must use this application, this website, and the Services in accordance with these Terms and Individual Provisions.
3. If the user is a minor, the following shall apply:
1. Please use this application, this website, and the Services after obtaining consent from your legal guardian such as a parent.
2. If a minor user falsely claims to have consent from a legal guardian when no such consent exists, or falsely claims to be an adult regarding age, or uses fraud to make others believe they are a person with legal capacity, they cannot revoke any legal acts related to the Services.
3. If a user who was a minor at the time of agreeing to these Terms uses this application, this website, or the Services after reaching the age of majority, such user shall be deemed to have ratified all legal acts related to this application, this website, and the Services.
Article 3 (User Registration)
1. In the Services, user registration shall be completed when an applicant for user registration agrees to these Terms, provides Registration Information to the Company in the manner determined by the Company, applies for user registration, and the Company approves such application.
2. The Company may not approve an application for user registration if the Company determines that the applicant has any of the following reasons, and shall not be obligated to disclose any reasons therefor:
1. When there are false statements, errors, or omissions in the Registration Information
2. When 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 guardian, guardian, curator, or assistant
3. When the applicant is an anti-social force, or has some interaction or involvement with anti-social forces, such as cooperating with or being involved in the maintenance, operation, or management of anti-social forces through funding or other means
4. When the application is from a person who has violated these Terms or their associates
5. When the Company otherwise determines that user registration is not appropriate
3. Users must immediately update their Registration Information when changes occur and maintain it as truthful, accurate, complete, and current information at all times.
4. Users may withdraw from the Services through withdrawal procedures separately determined by the Company.
Article 4 (Management of User ID and Password)
1. Users must appropriately manage and store their User ID and password related to the Services at their own responsibility. User IDs and passwords are exclusively personal to users and may not be used by, shared with, or lent, transferred, renamed, sold, etc. to third parties, nor may they be inherited.
2. The Company may treat the use of the Services when a User ID and password are entered as use by the registered user of that User ID.
3. Users shall bear any damages arising from inadequate management of User ID or password, errors in use, use by third parties, etc.
Article 5 (Usage Fees and Payment Methods)
1. Users shall pay usage fees separately determined by the Company and displayed on the Company's website as consideration for the paid portions of the Services, by the method designated by the Company.
2. If a user delays payment of usage fees, the user shall pay late payment damages at an annual rate of 1%.
Article 6 (Prohibited Acts)
In using this application, this website, or the Services, users must not engage in the following acts or acts that promote them, and must not attempt to engage in these acts:
1. Acts that violate laws, public order and morals, or internal rules of industry associations to which the Company or users belong
2. Acts related to criminal activities
3. Acts of posting, transmitting, or uploading information that the Company determines falls under the following through this application, this website, or the Services:
1. Information containing excessively violent or cruel expressions
2. Information containing expressions that damage the honor or credibility of the Company, other users, or third parties
3. Information containing excessively obscene expressions or expressions constituting child pornography or child abuse
4. Information containing expressions that promote discrimination
5. Information containing expressions that promote suicide or self-harm
6. Information containing expressions that promote inappropriate use of drugs
7. Information containing anti-social expressions
8. Information such as chain mail that requests the dissemination of information to third parties
9. Information containing information that causes discomfort to others
4. Acts that infringe upon intellectual property rights, portrait rights, privacy rights, or other rights or interests of the Company, other users, or other third parties (including acts that directly or indirectly cause such infringement)
5. Acts of fraud or intimidation, defamation or damage to reputation, or unjust discrimination or slander against the Company or third parties
6. Acts that destroy or interfere with the functions of servers or networks of the Company, other users, or third parties
7. Acts of transmitting information containing computer viruses or other harmful computer programs
8. Acts of altering information that can be used in this application, this website, or the Services
9. Acts of transmitting data exceeding a certain data capacity determined by the Company through this application, this website, or the Services
10. Acts that may interfere with the Company's operation of this application, this website, or the Services
11. Acts of unauthorized access or attempting to do so
12. Acts of impersonating other users or third parties
13. Acts of using other users' IDs or passwords
14. Acts of collecting or accumulating personal information about other users
15. Acts of using this application, this website, or the Services for illegal purposes
16. Acts that cause disadvantage, damage, or discomfort to other users of this application, this website, or the Services, or to third parties
17. Advertising, promotion, solicitation, or business activities on this application, this website, or the Services that are not authorized by the Company
18. Acts that directly or indirectly provide benefits to anti-social forces in connection with this application, this website, or the Services
19. Other than the above, the following acts:
Using the service in a manner that does not align with the Company's philosophy
20. Other acts that the Company deems inappropriate
Article 7 (Suspension of Provision of Application, Website, and Services)
1. The Company may suspend or discontinue all or part of the provision of this application, this website, and the Services without prior notice to users if the Company determines that any of the following circumstances exist:
1. When maintenance, inspection, or updates of computer systems related to this application, this website, or the Services are performed
2. When provision of this application, this website, or the Services becomes difficult due to force majeure such as earthquakes, lightning, fire, or power outages
3. When computers or communication lines stop due to accidents
4. When the Company otherwise determines that provision of this application, this website, or the Services is difficult
2. The Company may terminate the provision of this application, this website, and the Services at any time at its own discretion.
3. The Company shall not be liable for any disadvantages or damages suffered by users or third parties due to suspension or discontinuation of the provision of this application, this website, or the Services.
Article 8 (Usage Restrictions and Registration Deletion)
1. If the Company determines that a user falls under any of the following categories, the Company may, without prior notice, delete or hide displays related to such user, restrict or temporarily suspend all or part of the use of this application, this website, and the Services, or delete the user's registration:
1. When any provision of these Terms is violated
2. When it is discovered that there are false facts in the registration information
3. When this application, this website, or the Services are used or attempted to be used for purposes or methods that may cause damage to the Company, other users, or third parties
4. When the operation of this application, this website, or the Services is obstructed or attempted to be obstructed
5. When there is non-performance of payment obligations such as fees
6. When payment is suspended or becomes impossible, or when applications for bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings are filed
7. When dishonor disposition is received for bills or checks drawn or accepted by the user, or when transaction suspension disposition by bill clearing houses or other similar measures are received
8. When seizure, provisional seizure, provisional disposition, compulsory execution, or auction applications are made
9. When disposition for delinquent taxes and public charges is received
10. When death occurs, or when adjudication for commencement of guardianship, curatorship, or assistance is received
11. When there is no response to communications from the Company for a certain period
12. When there is no use of the Services for a certain period from the last use
13. In addition to the above, when the Company determines that continued use of this application, this website, and the Services or continued registration as a user is inappropriate
2. When any of the circumstances in the preceding paragraph apply, the user shall naturally lose the benefit of time for all debts owed to the Company and must immediately perform all obligations.
3. The Company shall not be liable for any damages incurred by users due to actions taken by the Company based on this Article.
Article 9 (Preparation of Usage Environment)
1. Users shall prepare devices, software, communication lines, and other environments necessary for using this application, this website, and the Services at their own responsibility and expense.
2. Communication charges incurred in connection with the use of this application, this website, and the Services shall be borne by users.
3. When disposing of devices on which this application is installed or when terminating use of this application, users must delete this application.
Article 10 (Disclaimer of Warranties)
1. The Company makes no warranties, express or implied, regarding: the suitability of this application, this website, the Services, and target products for users' specific purposes; their having the functions, commercial value, accuracy, usefulness, reliability, completeness, and safety expected by users; their compliance with applicable laws or internal rules of industry associations; the possibility of continuous use; the absence of defects, errors, or bugs; the absence of infringement of rights of users or third parties; and the absence of malfunctions.
2. Even when the Company collaborates with external SNS operators or other third-party service providers, the Company does not guarantee the possibility or continuity of such collaboration, nor does it guarantee that use of this application, this website, and the Services will not violate the terms of use of these external operators. Compliance with the terms of use of external operators shall be performed by users at their own expense and responsibility.
3. When products are introduced in this application or this website through affiliate programs, blog articles, etc., inquiries about such products should be made directly to the sellers, not to the Company. The Company assumes no responsibility for information, services, etc. provided on destination sites when users move to other sites via links, banners, etc. from this application or this website. The Company also makes no guarantees regarding the accuracy, legality, or suitability for purpose of linked sites. Articles in this application or this website are based on the personal views of their creators and do not apply to all people. Final decisions regarding the purchase of products or services shall be made at users' own responsibility.
Article 11 (Use of Cookies)
1. This application or this website may use cookies for advertising delivery and access analysis. Cookies are small data sent from web servers to users' web browsers, some of which are stored as files on users' computer hard disks. Cookies can store information about users' computers and the date and time of last site visits, number of visits, etc., but anonymity is maintained so that specific individuals cannot be identified. Third-party distributors may use cookies to deliver personalized advertisements to users.
2. Users can refuse to receive cookies by changing their browser settings. In this case, use of the Services is possible, but some functions may become unavailable. Also, cookies used by third-party distributors for personalized advertising can be disabled from the websites of such distributors, so please refer to the websites of relevant third-party distributors or https://optout.aboutads.info/, etc.
Article 12 (Sale of Target Products)
Sales of target products shall be conducted based on sales terms separately determined by the Company.
Article 13 (Disclaimer)
1. The Company shall not be liable for any damages suffered by users in connection with or arising from: use of the Services or this application; changes to the content of the Services or this application; interruption, suspension, or termination of service provision; inability to use the Services; deletion or loss of messages or information sent by users; usage restriction measures or registration deletion measures against users; data loss or device failure/damage of the Services or this application; effects of the Services or this application on devices; disadvantages suffered due to inability to use the Services or this application normally; disadvantages of data loss; or any other damages suffered by users in connection with or arising from this application, this website, or the Services.
2. The provisions of the preceding paragraph shall not apply when the Company has acted with intent or gross negligence.
3. When these Terms constitute a consumer contract as defined in the Consumer Contract Act, the provisions of paragraph 1 of this Article shall not apply. However, even in such cases, the Company shall not be liable for incidental damages, indirect damages, special damages, future damages, or damages related to lost profits among damages suffered by users due to acts caused by the Company's negligence (excluding gross negligence).
4. When the Company bears liability for damages related to use of the Services, such liability shall be limited to the amount of fees received by the Company from users during the past year.
5. The Company shall not be liable for transactions, communications, disputes, etc. that occur between users or between users and third parties other than users in relation to this application, this website, and the Services.
Article 14 (Rights to Content and Application)
All intellectual property rights related to this application, this website, and the Services belong to the Company or parties that have granted licenses to the Company. Being granted permission to use this application, this website, and the Services under these Terms does not mean being granted permission to use the intellectual property rights of the Company or parties that have granted licenses to the Company regarding the Services. Users must not engage in acts that may infringe upon the intellectual property rights of the Company or parties that have granted licenses to the Company for any reason (including reverse assembly, reverse compilation, reverse engineering, etc.).
Article 15 (Rights to Posted Content)
1. Users shall represent and warrant to the Company that they have legitimate rights to post, upload, or otherwise transmit posted content, and that posted content does not infringe upon the rights of third parties.
2. Copyright of posted content shall belong to users, and the Company shall not acquire it. However, users shall grant the Company the right to use posted content free of charge and indefinitely without regional limitations, and the Company shall acquire such rights. Rights acquired by the Company include reproduction, screening, performance, public transmission, public communication, recitation, exhibition, distribution, transfer, lending, translation, adaptation, modification within the scope deemed necessary by the Company for business purposes, and rights defined in Articles 27 and 28 of the Copyright Act. Users agree not to exercise moral rights of authors against the Company or parties that succeed to or are granted rights from the Company.
3. When the Company recognizes that users have violated or are likely to violate laws or these Terms regarding posted content, or when there is other reasonable business necessity, the Company may restrict use of the Services by deleting posted content or other methods without prior notice to users.
Article 16 (User Feedback)
1. When users send feedback regarding improvements to this application, this website, or the Services to the Company, users shall represent and warrant that such feedback does not infringe upon intellectual property rights of third parties (patent rights, copyrights, trademark rights, etc.), that users have the right to communicate such feedback to the Company, and that they have the right to allow the Company to use such feedback.
2. Users shall grant the Company the right to use feedback received from users free of charge and indefinitely without regional limitations, and the Company shall acquire such rights. Rights acquired by the Company include reproduction, screening, performance, public transmission, public communication, recitation, exhibition, distribution, transfer, lending, translation, adaptation, modification within the scope deemed necessary by the Company for business purposes, and rights defined in Articles 27 and 28 of the Copyright Act. Users agree not to exercise moral rights of authors against the Company or parties that succeed to or are granted rights from the Company.
Article 17 (Amendment of Terms)
1. The Company may change these Terms at any time when it deems necessary.
2. When changes to these Terms conform to the general interests of users, do not contradict the purpose of these Terms, and are reasonable in light of the necessity of changes, the appropriateness of post-change content, and other circumstances related to changes, such changes shall take effect from the effective date stated in the notice even without user consent.
4. When changes to these Terms do not meet the requirements of the preceding paragraph, such changes shall take effect when user consent is obtained.
Article 18 (Handling of Personal Information)
Handling of personal information acquired by the Company through use of this application, this website, or the Services shall not be stipulated in these Terms but shall follow the privacy policy separately determined by the Company. The content of the privacy policy can be confirmed from the following link: https://www.dearwonder.ai/privacy-policy.
Article 19 (Notification or Communication)
1. Notifications and communications from the Company to users regarding this application, this website, or the Services shall be made by posting on the Company's website or other appropriate methods determined by the Company. When the Company communicates with users at the contact information registered at that time, such communication shall be deemed to have reached the users.
2. Communications from users to the Company regarding this application, this website, or the Services shall be made by sending an inquiry form on the Company's website or other methods determined by the Company.
Article 20 (Assignment of Rights and Obligations)
1. Users may not transfer or pledge to third parties their position under the usage contract or rights or obligations under these Terms without prior written consent from the Company.
2. The Company may transfer its business related to this application, this website, and the Services to others (including business transfer, company split, company merger, etc., regardless of form) without prior notice to users, and users agree to this in advance under this article. When the Company conducts a business transfer, it may transfer to the transferee the position under the usage contract, rights and obligations under these Terms, users' registration information, and other customer information.
Article 21 (Entire Agreement)
These Terms constitute the complete agreement between the Company and users regarding matters contained in these Terms, and supersede any prior agreements, representations, and understandings between the Company and users regarding matters contained in these Terms, whether oral or written.
Article 22 (Severability)
Even if any provision of these Terms or any part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the other provisions of these Terms and the remaining parts of provisions determined to be partially invalid or unenforceable shall continue to have full effect. The Company and users shall endeavor to modify the invalid or unenforceable provisions or parts to the extent necessary to make them legal and enforceable, and to ensure legal and economic effects equivalent to the purpose of such invalid or unenforceable provisions or parts.
Article 23 (Governing Law)
The validity, interpretation, and performance of these Terms shall be governed by and construed in accordance with Japanese law.
Article 24 (Agreed Jurisdiction)
Tokyo District Court shall be the court of exclusive jurisdiction in the first instance for all disputes relating to these Terms, this application, this website, or the Services.
Effective Date: December 1, 2023