◆Common Terms of Use for Service◆
These Terms of Use (hereinafter, these “Terms”) set forth the terms of use of the Service (as defined in Article 1) between users and Drecom Co., Ltd. (hereinafter, the “Company,” or “our”). These Terms shall apply when users use the Service.
Any guidelines, Privacy Policy, rules for the use, etc. posted in the Service or on the official website separate from these Terms (hereinafter, the “Guidelines”) also constitute a part of these Terms. In the event where there are any discrepancies between these Terms and the Guidelines, the provisions of the Guideline will prevail.
The Company may modify these Terms or the Service at any time. In such case, the Company will notify users of the timing when the amendment will take effect, the fact that the amendment will take place, and the details of the amendment by means of notification or posting on the official website or other appropriate means. With such notification or posting, users shall be deemed to have consented to the amendments of these Terms or the Service.
1. Definitions
(1)“Service” means the application software distributed by the Company, as well as any additional contents and services related thereto.
(2)“Official Website” means the official website of the Service which can be referred to from the link in the Service.
(3)“Target Devices” mean the devices onto which the operating system for the version corresponding to the Service is mounted.
(4)“Account” means the identifier issued by the Company to identify users.
(5)“App-specific Currency” means the app-specific currencies which can be used for the payment of prices of the items, etc. which users purchase from the Company in the Service.
(6)“Paid Service” means services, excluding App-specific Currencies, that can be used by directly purchasing items and other content on the Service with money.
2. Target Users of the Service
※ If you are a child, please read this with your guardian, such as your father or mother, or some other adult.
(1)“Children” as defined in their place of residence cannot use or sign up for the Service. “Children” mean those under the age of 13. However, please note that in some areas, it may designate an older age.
(2)Those who fall under the preceding paragraph may only use the Service if their parents, legal guardian, or a representative are bound by these Terms and the Guidelines and they agree that they are under the supervision of their parents, legal guardian, or a representative.
(3)In the event where “children” violate the preceding paragraph, the Company may suspend or delete the use of the Service by such “children.” The Company will not be responsible whatsoever for any damage suffered by the “children” as a result of such measures.
3. Account
(1)In the event where users are required to register their accounts before starting to use the Service, they must provide true, accurate, and complete information of themselves (hereinafter, the “User Information”) upon the registration of their account. If there are any inaccuracies in or changes to the User Information, users must promptly correct or change the registered information.
(2)The Company provides the Service to users based on the User Information. The Company will not be responsible whatsoever for any prejudices or damages suffered by users due to any false information, inaccuracies, or omission of the User Information.
(3)In the event where any User Information required by the Company is not provided, the Company may restrict the use of all or a part of the Service.
(4)The Accounts are personal to users. No rights linked to the Accounts may be assigned or leased to or inherited to any third party. Users shall manage their accounts at their own responsibility and shall be liable for all acts conducted using their Accounts as well as any outcome thereof. The Company shall consider all acts conducted by users’ Accounts as the acts of users themselves. The Company will not be liable whatsoever for any trouble arising from the fraudulent use of Users’ Account by third parties.
(5)The Company may delete the Accounts for which more than 1 year has passed since the last access without notifying users in advance. In such case, the App-specific Currencies used by the relevant users in the application will also expire and any remaining App-specific Currencies will not be repaid.
4. License
(1)The copyrights for the images, videos, texts, programs, or any other information relating to the Service (including the rights set forth in Articles 27 and 28 of the Copyright Act (Law No.48, 1970)) as well as other intellectual property rights are subject to the Company or the Company’s licensors. The applications in the Service are licensed to users and does not mean that they can license or assign the intellectual properties of such applications.
(2)The Company shall grant to users a non-exclusive right to use the Service and the applications in the Service on the Target Devices. This right cannot be assigned or sublicensed.
5. Privacy Policy
The Company will handle the personal information (as defined in the Personal Information Protection Act (Law No.57, 2003)) of users appropriately in accordance with our Privacy Policy Users shall be deemed to have agreed to our handling of the personal information pursuant to the Privacy Policy.
6. Internet Access
Cost required for the Internet access, connection fee, and packet communication fee for the use of the Service will be entirely borne by users.
7. Paid Services and App-specific Currencies
(1)Except as otherwise set forth by the Company, users may use the Paid Services and App-specific Currencies only within the application where they obtained them and only within the scope and purposes set forth by the Company. Users may not transfer or assign the obtained Paid Services and App-specific Currencies to any other account or third parties, exchange them with cash or other currencies, or divert them to the services other than the relevant application where they obtained such Paid Services and App-specific Currencies. Also, users will not obtain any intellectual property rights for the Paid Services and App-specific Currencies.
(2)App-specific Currencies fall under the Prepaid Payment Instruments for Own Business set forth in Article 3, Paragraph 4 of the Payment Services Act (Law No.59, 2009; hereinafter, the “PSA”) and are treated as prepaid payment instruments; provided, however, the App-specific Currencies granted by the Company for free (hereinafter, the “Free App-specific Currencies”) as well as the App-specific Currencies purchased outside of Japan will not be considered as the Prepaid Payment Instruments for Own Business. Users agree that, with respect to the contents in the application which can be obtained by using the Paid Services and App-specific Currencies, the products and the services pertaining thereto shall be considered to have been provided by obtaining such contents and the relevant contents are not considered as the Prepaid Payment Instruments for Own Business. The terms and conditions for the App-specific Currencies required to be indicated under Article 13 of the PSA and Article 22, Paragraph 2 and Article 23-2, Paragraph 1 of the Cabinet Office Order on Prepaid Payment Instruments (Item 3, Cabinet Office Order, 2010) shall be separately set forth by the Company, which will be described as the “Description pursuant to the PSA” in our official website. The Company may modify these terms and conditions at our discretion.
(3)Except as otherwise set forth by the Company, Paid Services, App-specific Currencies, and the contents for exchange may only be used by those users who purchased or exchanged them. In the event where users use the same application with multiple information terminals which operate under the operating systems (hereinafter, the “OS”) that are not compatible, the App-specific Currencies provided on such non-compatible OSs are provided as being different in types, even though they have the same appellation, and they cannot be succeeded or combined.
(4)Except as otherwise set forth by the Company, Paid Services and App-specific Currencies expire upon termination of the provision of the application where users obtained the relevant Paid Services and App-specific Currencies, and will not be able to use anymore.
(5)The Paid Services and App-specific Currencies will not be refunded for any reason. However, in the case where the business of issuing the App-specific Currencies is ceased (such as in the case of the preceding paragraph) pursuant to Article 20, Paragraph 1 of the PSA, the App-specific Currencies will be refunded. In this case, the refund method will be determined by the Company in accordance with the law and an announcement will be posted on the Official Website.
(6)In the event where there are Free App-specific Currencies and purchased App-specific Currencies, the former will be consumed first.
(7)In the event users are minors in their place of residence (those who do not fall under Article 4 of the Civil Code (Law No.89, 1896); hereinafter the same), the following special provisions apply. If you are a minor, please read this clause carefully:
①You need to obtain consent from your parents or legal guardian to purchase the Paid Services and App-specific Currencies. If a user who is a minor has purchased the Paid Services and App-specific Currencies, the Company will consider that the purchase has been made with a consent from your parents or legal guardian.
②If a user who is a minor resides in Japan, the total monthly purchase limit of the Paid Services and App-specific Currencies is 5,000 yen if under 16 years old and 20,000 yen if under 18 years old (Users between 18 years old to under 20 years old will not be considered a minor in Japan, but the purchase limit of 20,000 yen applies). The money consumed within the purchase limit falls under either of the following items, as set forth in Article 5, Paragraph 3 of the Civil Code, and the relevant act of consumption cannot be cancelled.
a. It is the property of which the legal representative has permitted the disposition to the relevant minor by specifying the purpose thereof and the disposition is within the extent of such purpose; or
b. It is the property of which the legal representative has permitted the disposition to the relevant minor without specifying any purpose.
③In the event where a minor has engaged in any of the following acts, the minor may not cancel any legal acts in the Service (including the act of consumption of the money exceeding the monthly purchase limit set forth in Item 2 of this paragraph):
a. To use the Service by disguising the fact that he or she has not obtained consent from his or her legal representative in Item 1 of this paragraph;
b. To use the Service by presenting false age stating that he or she is a majority; or
c. To engage in any other acts which fall under the fraudulent acts set forth in Article 21 of the Civil Code.
④Users agree that, in the event where they become a major after they agreed to these Terms and the Guidelines, they will be able to use the Service under the condition that they confirm all legal acts conducted pertaining to the use of the Service while they were a minor. Users shall be deemed to have confirmed when they use the Service after they become a major.
(8)In the event where it is found that the details or the amount of the Paid Services and App-specific Currencies obtained by users deviate from the usage in the relevant application, the Company may correct them without any prior notice to users.
7-2. NFT
(1)Provision of NFT
The Company may provide NFTs available on the Service (meaning non-fungible tokens issued on the blockchain using blockchain technology, or information on the transfer of digital data or other information necessary for the transaction of such digital data on the Service, which is recorded on the blockchain by a method determined by the Company; the same shall apply hereinafter). Users may acquire NFTs by either free grant or a purchase in a manner separately determined by the Company.
(2)Purchase of NFT
Users may purchase NFTs from the Company in accordance with the “Terms of Use of NFT Sales Services” separately set forth by the Company.
(3)Use of NFT
①Users who possess NFTs (hereinafter referred to as the “NFT Holders”) may view digital data pertaining to the NFTs on the Service and use other services separately determined by the Company by completing the procedures separately designated by the Company.
②In using the NFTs on the Service, NFT Holders may be required to use the wallet, systems, or services of third parties other than the Company (hereinafter referred to as the “External Services”). NFT Holders shall use the External Services at their own expense and responsibility in accordance with the rules, conditions, and regulations (hereinafter referred to as the “Rules”) of such third parties. The Company shall not be liable for the External Services except in the case of willful misconduct or gross negligence on our part.
③The use of such NFTs and digital data pertaining to such NFTs by the NFT Holders shall be subject to the terms of use separately provided by the Company on the Service.
④The NFTs and digital data pertaining thereto used by Users in the Service shall be included in the “User Materials” under Article 9.
(4)Fee
Users shall bear all blockchain network fees (gas, etc.).
(5)Disclaimer
①Users shall agree in advance that, in the event that the Service is terminated pursuant to Article 15, Paragraph 3, they will not be entitled to use the NFTs through the Service, including viewing any digital data pertaining to the NFTs.
②The Company shall not be liable for any damage incurred by Users as a result of enactment or amendment of laws and regulations related to the taxation system regulating NFTs.
③The provisions of Paragraph 3② and each of ① and ② above shall continue to survive the termination of this Agreement.
8. Advertisement
The Company may post advertisements of itself or any third party in the application within the Service. The advertisements are provided by third parties and the Company does not guarantee their accuracy, nowness, reliability, integrity, or any other matters.
9. User Materials
(1)The Company may provide a system whereby users can post, transmit, or run texts, images, videos, programs, data, and other information (hereinafter, the “User Materials”) to other specified or unspecified users.
(2)The Company may use and/or allow third parties to use the User Materials, etc. regardless of the form or media (including but not limited to the use, distribution, reproduction, correction, display, publication, etc.).
(3)Users shall allow free, permanent, and non-conditional use of the User Materials to the Company and the third parties in the preceding paragraph and do not exercise any claim (including the moral right of an author) with respect to the proper use of the User Materials by the Company or the relevant third parties.
(4)The rights granted to the Company with respect to the User Materials shall survive the termination of the Service.
(5)Users guarantee that the User Materials as well as the use thereof by the Company pursuant to these Terms do not infringe upon any intellectual property rights, privacy rights, portrait rights, or any other personal rights and personal interest (including the intellectual property rights and hereinafter, the “Intellectual Property Rights”) of any third party.
(6)Users shall resolve any complaint, filing of lawsuits, or any other disputes with any third party with respect to the User Materials at its own cost and responsibility. The Company shall not be liable whatsoever for such disputes. Users shall also agree to cooperate with the Company in the event the Company requests investigation for such disputes.
(7)The Company has the right to delete the User Materials at any time at its discretion.
10. Consent
(1)Users shall be deemed to have given explicit consent to the Company for its right to monitor and record all online activities made on the Service. Unless required under law, the Company does not have any obligation to monitor or record all activities including the communications made on the Service.
(2)Users shall agree to the matters set forth in each of the following items with respect to the contents of Users of the Service (hereinafter, the “User Contents”):
①The Company may browse them to the extent required for the operation, including those among the Service that are not made public;
②The Company will provide them, to the extent necessary to protect the rights of itself or any third party, to the police or other public authorities; and
③The Company will stop releasing the relevant User Contents or delete them, if it considers that they insult any third party or are illegal or unjustifiable. In this case, the Company may also prohibit, temporarily or permanently, the distribution of other contents within the Service created by the person who has distributed the relevant contents.
(3)The Company shall have the right to delete all or a part of the User Contents from the Service at its discretion.
(4)Users shall be responsible for the backup of their respective User Contents and the Company shall have no obligation for the backup.
(5)The Company may use, within the Service, fraud detection tool to prevent fraudulent access or other inappropriate acts designated by the Company. Users agree that such tool exists in the Service and that fraudulent acts may be detected by it.
11. Prohibited Acts
Users are prohibited from engaging in, or instructing, instigating, or forcing any third party to engage in, the following acts with respect to the Service:
①Acts which violate or may violate these Terms;
②Acts which violate or may violate treaties or laws and regulations, or public policy (including but not limited to the infringement of copyrights or trademark rights, defamation, infringement of privacy, gambling, identity theft, hacking, stalking, and distribution of forged software);
③Acts which violate or may violate upon the copyrights, publicity rights, or other intellectual property rights, portrait rights, privacy rights, or other personal rights, ownership, or other property rights of the Company or any third party;
④Acts of unfairly discriminating or defaming the Company or any third party;
⑤Acts of slander against or damaging credit of the Company, the Service, or any third party;
⑥Acts of registering, posting, distributing, uploading, or in any other means communicating any contents (including nicknames, etc.) which include harassing, derogating, obscene, violent, grotesque expressions, etc. against the Company or any third party that bring a feeling of repulsion to others or that the Company considers are against public policy;
⑦Acts of stalking, relentlessly following, or sending a large volume of messages against the other party’s will;
⑧Acts of interrupting the use of the Service by other users (including but not limited to the acts of circulation of spam or information which may mislead other users, intentional disconnection while using the Service);
⑨Acts of inducing or soliciting any third party to commit suicide, injure himself/herself, engage in anti-social acts, drink alcohol while being under 20 years old, engage in prostitution, etc.;
⑩Acts of disclosing or leaking, or acts which may disclose or leak any information which may personally identify someone, such as his/her name and address, or other confidential information such as password without the other party’s consent;
⑪Acts of impersonating the Company or any third party;
⑫Acts of registering or posting false information;
⑬Acts or threatened acts of fraudulent access, interrupting systems or networks relating to the Service;
⑭Acts of intentionally triggering the failure of the Service and making use thereof;
⑮Acts of avoiding or trying to avoid the user authentication system or security functions of the Service;
⑯Acts of altering, damaging, disassembling, decompiling, or reverse engineering the Service;
⑰Acts of using, producing, or distributing unapproved software or hardware (including but not limited to the devices other than the Target Devices as well as the cheat code software for avoiding the restriction of the Service);
⑱Except as otherwise permitted under these Terms of Use, acts of selling/purchasing, exchanging, assigning, or allowing the use of the Account, App-specific Currencies, various contents including the items in the Service, or any rights which users may have in relation to the Service (which include but not limited to the so-called real money trade), as well as all acts of preparation thereof, including advertisement, application, and approval (except in the event the Company approves);
⑲Acts of profit-making activities such as selling/purchasing, advertisement, soliciting, promotion, linking on websites (except in the event the Company approves);
⑳Acts of secondary use or disclosure to third parties by reproducing without consent the details of the Company’s support e-mails or information obtained from such e-mails;
㉑Acts of using any information obtained from the Service for profit;
㉒Acts of cooperating and engaging with anti-social forces, or acts of soliciting into them;
㉓Acts of resuming to use the Service by users whose use has been suspended due to the violation of these Terms;
㉔Acts of facilitating other users’ acts set forth in this paragraph; or
㉕Any other acts that are considered inappropriate by the Company.
12. Violation
(1)The Company may take the following measures without any prior notice to users, if it considers that users have engaged in or may engage in any of the prohibited acts in the preceding article. In this case, the Company shall not be liable for disclosing the reasons for taking such measures, period of implementing such measures, or any other information relating to such measures. Users may not make any objection against the Company with respect to such measures. The Company shall not be obliged to prevent or correct the acts of violation of the prohibited matters.
①To stop the prohibited acts and request not to repeat similar acts;
②To forfeit the rights in the Service (which are not limited to the rights obtained through the prohibited acts) and take other adverse measures;
③To suspend the use of all or a part of the Service;
④To suspend or delete Accounts;
⑤To disclose the committed prohibited acts in or outside of the Service, which includes reporting to the police or other public institutions in potential criminal, administrative, or other cases; and
⑥Any other measures which the Company considers necessary and appropriate.
(2)In the event where users’ Account has been deleted pursuant to Item ④ above, all rights of such users in the Service shall expire as of the time of the deletion, including the App-specific Currencies as well as the right to use various contents in the Service such as the items.
(3)The Company may decide not to provide any of its services, including the Service, to users whose Accounts have been deleted (which includes the rejection of providing services and deletion of accounts for other registered services). The Company may also keep the personal information of the users to the extent required for such measures.
(4)The Company shall not be liable for any damage suffered by users due to the measures taken pursuant to this article, including the deletion of the Accounts.
13. No Guarantee and Indemnification
(1)The Service shall be provided “as is.” The Company shall provide no guarantee, whether it is explicit or implicit, and whether it is statutory or not, including the merchantability of the relevant application, fitness for particular purposes, and non-infringement of third-party rights.
(2)The Company shall not guarantee that the Service do not halt in the middle of the operation, are free of errors, and that they operate properly on the Target Devices. The Company may stop supporting the Service at any time at its discretion and shall not be liable for such suspension.
(3)The Company shall not be involved in any of the acts committed by users in the Service and shall not guarantee the accuracy of any information via the relevant application. Users shall resolve all disputes arising between other users at their cost and responsibility.
(4)The Company shall not be liable for any damage suffered by users due to any third parties (including the telecommunication and other business operators).
(5)In the event users change the terminal used for the Service, it will not be guaranteed that the registered information will be passed on to the new terminal unless set forth by the Company. The same shall apply to the registered information when users have deleted the Service or their Account information from their terminals and thereafter resume using the relevant application.
(6)Upon provision of the Service, in the event where the Company has been granted any license from any third party, the Company shall not guarantee that the Service pertaining to such license will continue to be provided after the expiration of such license.
(7)The Service may indicate or provide links to websites or contents independently run or provided by third parties (such websites or contents shall hereinafter be referred to as the “Third-Party Contents”); however, the Company shall not be liable for any of such Third-Party Contents. Terms of Use of third parties running or providing the Third-Party Contents may apply to such Third-Party Contents. Users shall use the Third-Party Contents at its own responsibility.
14. Damage Compensation
(1)In the event where the Company or any third party suffers any damage due to users’ violation of these Terms or any other reasons attributable to users, users shall compensate the Company or the third party for such damage. Upon occurrence or a threatened occurrence of such damage, the Company may seek an injunction against such user for the cause thereof and the user shall respond to such injunction.
(2)Despite the indemnity clauses in these Terms or the Guidelines, in the event where the Company is liable for the damage suffered by users, except in the event where it has had a willful intention or a gross negligence, the Company shall not be liable for the compensation of damages occurred from the special circumstances defined in Article 416, Paragraph 2 of the Civil Code (including the case where either the Company or the relevant users foresees or could foresee the occurrence of such damage). The amount of such compensation shall be limited to the total amount of the fee for using the Service received from the relevant users (which includes the amount of the App-specific Currencies purchased by users; the amount will be 5,000 yen if there has been no payment by the relevant users).
15. Change, Suspension, and Termination of Service
(1)The Company may change all or a part of the contents of the Service without any prior notice to users. Depending on the change, settings of users up until then may be changed, data and contents may be lost, or functions may be lost.
(2)The Company may suspend the provision of all or a part of the Service temporarily or over a long period without prior announcement or notice to users, if any of the following events occur. The Company will, except in the event of an emergency, make an announcement or send a notice to users in advance by means which the Company considers to be appropriate.
①In the event of regular or emergency maintenance or repair of the hardware, software, communication equipment, or any other resources used to provide the Service;
②Disconnection of communication lines, such as the Internet and mobile phone;
③In the event where the operation of the Service has been disabled due to force majeure events, including earthquake, lightning strike, wind and flood damage, or other natural disasters, state of national emergency, measures taken by public authorities such as disposition by the court, power outage, and infectious disease; or
④Any other event based on which the Company has decided that the suspension of the provision of the Service is required.
(3)The Company may terminate the provision of all or a part of the Service (including the right to use the Paid Services, App-specific Currencies, and the items purchased using such currencies) at its discretion. In this case, the Company will, except in the case of an emergency, make an announcement or send a notice to users in advance by means which the Company considers to be appropriate.
(4)Except in the event where the Company owes a statutory obligation to repay or there was a willful intention or gross negligence by the Company, the Company shall not be liable for any damage suffered by users due to the change, suspension, or termination of the Service pursuant to this article.
16. Confidentiality
Except in the event where the Company gives a prior written approval, users shall have an obligation to keep the non-public information confidential which the Company disclosed to users for the Service under the condition that they keep it confidential.
17. Transfer of Company’s Business for Service
In the event where the Company transfers the business pertaining to the Service to other companies (including a business transfer, corporate split, merger, or any other case where a business is transferred; hereinafter the same), it may assign, upon the transfer, its status under this Agreement for the Use of Service, rights and obligations hereunder, registered items of Users, and other customer information to the assignee of such transfer, and users hereby give a prior consent to such assignment before using the Service.
18. Severability
Users agree that, even in the event where any of the provisions of these Terms or the Guidelines or any part thereof is considered to be null and void or unenforceable pursuant to the Consumer Contract Act or any other law, the remaining provisions of these Terms or the Guidelines or the remaining parts of the provisions which have been considered null and void or unenforceable shall continue to be fully effective.
19. Survival
The provisions of Article 4 (License), Article 5 (Privacy Policy), Article 7, Paragraph 2 (Applicability of Prepaid Payment Instruments), Article 13 (No Guarantee and Indemnification), Article 14 (Damage Compensation), Article 16 (Confidentiality), Article 17 (Transfer of Company’s Business for Services), Article 18 (Severability), Article 20 (Governing Law and Jurisdiction), and Article 21 (Others) shall survive the termination of this Agreement for the Use of Service.
20. Governing Law and Jurisdiction
These Terms shall be governed in accordance with the laws and regulations of Japan. Any and all disputes relating hereto shall be subject to the exclusive jurisdiction of the Tokyo District Court for the first trial.
21. Others
(1)Failure or delay in exercising any of the rights set forth herein does not mean that the Company has waived such right. The Company may transfer the rights set forth herein to its affiliated companies or procure such companies to exercise them.
(2)In the event where the Company provides a translation of these Terms or the Guidelines, it is provided solely for the purpose of reference. If there is any discrepancy between the translated version and the Japanese version, the Japanese version shall prevail.
22. Contact Us
For any inquiries with respect to the Service, please contact us from the inquiry screen in the application.
Established on March 25, 2021
Updated on April 01, 2022
Updated on September 29, 2022
Updated on March 31, 2023