TERM OF SERVICE
Last Update: Oct 1, 2024
Introduction
Thank you for using ADFI (hereinafter referred to as the “Service”).
These Terms of Use (hereinafter referred to as the “Terms”) constitute a legally binding contract between you and Karakurai Inc. (hereinafter referred to as the “Company”). Please read these Terms carefully before using the Service. The original text of these Terms of Service is in Japanese, and the Japanese Terms of Service shall apply to this Service.
If you do not agree to these Terms, you may not use the Service. These Terms may be revised as needed. By continuing to use the Service after the Terms have been revised, you are deemed to have agreed to the revised Terms. Unless otherwise stipulated by an official procedure of the Company or agreed in writing between you and the Company, any revisions will automatically apply to these Terms.
In addition, other contractual conditions may apply separately to various services provided by the Company that you use. These additional conditions become part of the contract between you and the Company from the time you use the Service or log in to the Company’s website.
You must be of legal age (an adult) to agree to these Terms. If you are a minor, please obtain consent from a parent or legal guardian before using the Service. In such a case, the parent or legal guardian will be deemed to have agreed to these Terms as well.
If you are using the Service for or in connection with the business of a corporation, organization, or other entity (hereinafter referred to as an “Organization”) to which you belong, that Organization is deemed to have agreed to these Terms. In such cases, unless otherwise stated, “you” or “your” in these Terms refers to that Organization. You represent and warrant that your selection, access, and use of the Service is lawful and that you bear all responsibility arising therefrom.
For the purpose of improving user convenience and service quality, the Company may continuously improve or modify the Service and these Terms. When the Terms are changed, notice will be given by posting on the Company’s website, by email, or by other means.
1. Account information
A. Account Registration
To use the Service, you must register an account with the Service. When registering, please provide accurate and up-to-date information such as your name, password, and email address. Once you have registered an account (hereinafter referred to as a “User”), you can use the Service. Upgrading to a paid plan requires the provision of payment information.
If you choose to link your account with a third-party service, you grant the Company permission to access and use your information within the allowable scope of that third-party service and to store your login credentials. The Company may also display the name of the Organization or company to which the registered User belongs on the Company’s website.
The Company reserves the right to reassign a username if it receives a request from an entity or individual with legal rights or trademarks to that username.
B. Responsibility for the Account
You are responsible for properly managing your account and password to protect against unauthorized use or leakage. In particular, it is recommended to use a strong password (one that combines uppercase letters, lowercase letters, numbers, and symbols). If there is any change in your account information or if you become aware of unauthorized use by a third party, please contact the Company immediately. The Company assumes no responsibility for any damages resulting from unauthorized use or leakage of your password.
You assume all responsibility for any damages or disputes arising from the use of your account and username.
C. Account Management
Through the account management screen and settings, you can change your usage status of the Service and notification settings. If you register an email address, you will be deemed to have consented to receive service-related notifications (including legally required notices) from the Company via email. You cannot opt out of important notification emails regarding significant changes to the Service unless you cancel your account.
2. Modification and Termination
For the purpose of continuously offering new features and services, the Company may, without prior notice to the Customer, modify, add, or discontinue the content of the Service, or restrict the provision of the Service to certain users or the general public. The Company may also, at its discretion and without liability, permanently or temporarily terminate, downgrade, suspend, or ban access to the Service for any reason, including if you violate any provision of these Terms.
Even if you suffer damages due to or in connection with these actions, the Company shall bear no responsibility whatsoever. In addition, if you cause damages to a third party through your use of the Service, the Company also assumes no responsibility. You agree that the Company is not liable to you or any third party in any such scenario.
Even after your use of the Service ends, you remain subject to these Terms.
3. User Content
The Service may currently or in the future allow you to upload or publish content. This includes, but is not limited to, images, photographs, or text data that you create and provide. Any content that Users transmit, post, display, or otherwise make available on or through the Service (including all intellectual property rights therein, as defined below) is referred to as “User Content.” You retain ownership of your User Content. The Company has no obligation to store, maintain, or provide copies of User Content. The Company is not responsible if your User Content uploaded to the Service is lost or cannot be restored. We recommend that you back up your User Content regularly at your own responsibility.
4. intellectual property
Except for User Content, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, applications, computer code, documents, and other content contained in the Service (collectively, the “Content”) are the property of the Company or third parties who have licensed their rights to the Company, including all copyrights, trademark rights, patent rights, and other intellectual property rights.
Unless explicitly stated in these Terms or on the Service’s website, you may not reproduce, modify, sell, redistribute, publicly transmit, disclose, or otherwise use any part of the Service or the Content without prior permission.
5. Company Warranties and Disclaimers
The Company provides the Service and all Content on an “as is” and “as available” basis using its best efforts, but without any type of warranty. Even if any damage occurs to you as a result of using the Service, the Company assumes no responsibility whatsoever.
If you are dissatisfied with these Terms or the Service, your only remedy is to discontinue use of the Service. Under no circumstances shall the Company or its officers, directors, employees, agents, licensors, content providers, or affiliates (collectively, “Company Affiliates”) be liable for any punitive, indirect, consequential, or special damages, or any other form of damage, whether in contract, tort, negligence, strict liability, or any other legal theory, and regardless of whether the Company was previously advised of the possibility of such damages.
Furthermore, to the fullest extent permitted by law, the Company assumes no responsibility for:
(i) Errors or inaccuracies in the content on the Service
(ii) Personal injury or property damage resulting from your access to or use of the Service
(iii) Leaks or alterations of your personal or financial information caused by unauthorized access
(iv) Damages (including errors, mistakes, losses, or unauthorized access) arising as a result of using third-party applications
(v) Interruptions or stoppages of transmissions to or from the Service
(vi) Viruses, trojans, or other harmful programs that may be transmitted to or through the Service by any third party
(vii) Errors or omissions in content posted, emailed, transmitted, or otherwise made available through the Service, and any damage arising from the use of such content
(viii) User Content or defamatory, offensive, or illegal conduct by third parties
These limitations of liability apply to the maximum extent permitted by applicable law. Some jurisdictions (states or countries) do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so these limitations may not apply to you. You may have additional rights under the laws of your place of residence, and nothing in these Terms is intended to limit those rights.
6. Responsibility for this Liability for the Service
The server utilization rateThe Company aims for a monthly uptime rate of 99% for the Service. However, this is a target and not a guarantee. Even if the uptime rate falls below this target, the Company will not be liable for any resulting damages.
7. Billing and Payment
If you use a paid plan, you may be required to provide payment information such as credit card details to the Company or to a payment service provider utilized by the Company (hereinafter referred to as “PSP”). You are obligated to pay the agreed-upon fees and are responsible for any applicable taxes (excluding the Company’s income taxes) or any other fees imposed by governmental authorities.
Flat-Rate Plan:
Monthly fees are billed at the beginning of each month and are non-refundable. If you cancel or downgrade during the billing period, no refund will be issued for the remaining period.
Pay-Per-Use Plan:
You will be billed monthly at the beginning of the following month based on your usage during the current month, and no refund will be issued. Certain plans may have a monthly minimum fee. If you cancel or downgrade during the billing period, you will be billed immediately for the fees incurred in the current month.
If your use of the Service exceeds the usage limits specified in your payment plan, the Company reserves the right to charge additional fees for the excess.
The Company may, upon reasonable notice given by email, posting on its website, or other means, change the fee structure or set new fees. If you continue to use the Service after notification, you are deemed to have agreed to the changed fees. All fees may be displayed without tax, and taxes may be charged separately.
8. Privacy
Our Global Privacy Policy apply to the use of the Service and its terms are made a part of the Terms of Service by this reference. You understand that by using the Service you consent to the collection, use, and disclosure of your Personal The Company’s Global Privacy Policy applies to your use of the Service and constitutes part of these Terms. By using the Service, you agree that the Company may collect, use, disclose, and process your personal information in accordance with the Company’s Privacy Policy, and that your data may be handled in the United States and Japan.
The Company does not guarantee that no third party will ever breach its security measures. You understand and accept the risks associated with providing information at your own responsibility.
9. Amendments to the Contract, Notification Procedure, and Changes
At its sole discretion, the Company may change, update, or modify these Terms (hereinafter referred to as the “Updated Terms”) from time to time. In the event of significant changes, the Company will, to a reasonable extent, provide prior notice to you via notices on the Company’s website or by email. By continuing to use the Service after such updates, you are deemed to have agreed to the Updated Terms.
If you do not agree to these Terms or the Updated Terms, please cease use and stop accessing the Service. The Company assumes no responsibility if notifications are not properly received (for example, due to spam filters).
10. Dispute Resolution
A. Informal Negotiation
If any dispute, controversy, or claim (hereinafter referred to as a “Dispute”) arises in connection with these Terms, you and the Company shall first attempt to resolve it by good-faith discussions (informal negotiation) for at least 30 days before initiating any legal or arbitration proceedings. To start informal negotiation, written notice is required.
B. Binding Arbitration
If you and the Company cannot resolve the Dispute through informal negotiation, all claims arising out of your use of the Service shall be finally resolved by binding arbitration. If either party chooses arbitration, both you and the Company waive the right to a lawsuit in court or a jury trial and agree to abide by the arbitrator’s decision.
C. Exceptions to Alternative Dispute Resolution
However, the following cases allow for the use of small-claims court or seeking injunctive or other equitable relief in a court in Japan:
- An actual or imminent illegal act or infringement of rights, such as an injunction
- Cases involving infringement, misappropriation, or violation of intellectual property rights of either you or the Company
D. Waiver of Class or Representative Actions
You and the Company agree that any Dispute related to these Terms shall be resolved solely between you and the Company. You waive the right to act as a plaintiff or member in any class or representative action, and the arbitrator is prohibited from consolidating the claims of multiple parties or presiding over any form of class or representative proceeding. If any part of this provision is found unenforceable, the entire “Dispute Resolution” section shall be deemed void.
E. Venue for Arbitration
Arbitration shall take place in Japan. For Disputes that are not subject to arbitration (or where arbitration is not chosen), the parties agree to the exclusive jurisdiction of the courts of Japan and submit to the personal jurisdiction of those courts.
11. Other details
A. Assignment
You may not assign or transfer any rights or licenses arising under these Terms. However, the Company may assign or transfer them without restriction. Any assignment or transfer made in violation of these Terms is void.
B. Governing Law, International Use, and Users
These Terms are governed by and interpreted in accordance with the laws of Japan, without regard to conflict of laws principles. Any Dispute shall be subject to the exclusive jurisdiction of the courts of Japan, and you and the Company agree to submit to the personal jurisdiction of those courts. Please also review and comply with the laws of your place of residence.
C. Entire Agreement and Severability
These Terms constitute the entire agreement between you and the Company concerning the subject matter stated herein, and they supersede any contemporaneous or prior oral or written agreements or understandings. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
D. No Waiver
Even if the Company does not exercise or enforce any right or provision of these Terms, it does not constitute a waiver of such right or provision. The Company’s decision not to act on one breach does not waive its right to act on future or similar breaches.
E. Attorneys’ and Accountants’ Fees, Remedies
If the Company initiates legal action in connection with a breach of these Terms and prevails, the prevailing party is entitled to recover reasonable costs, including attorneys’ fees and accountants’ fees, from the opposing party.
Furthermore, if an actual or imminent breach of these Terms would cause the Company harm that could not be remedied solely by monetary damages, the Company shall be entitled to injunctive relief or other equitable remedies from a court. These remedies are in addition to any other legal or equitable remedies.
If the Company fails to exercise any right or remedy under these Terms, it does not constitute a waiver of similar or subsequent rights or remedies.
This concludes the full text of the ADFI Terms of Service.
Your agreement to these Terms is required to use the Service. We appreciate your review.