Terms of Use

These Terms of Use (the “Terms”) set forth the conditions for the provision of the Services (as defined in Article 1, Paragraph 1) provided by App Palette LLC (the “Company”) and the rights and obligations between the Company and the users of the Services (the “Users”).Before using the Services, please read the entire Terms carefully and agree to them. By starting to use the Services, the User shall be deemed to have agreed to these Terms.

Article 1 Definitions

The definitions of the terms used in these Terms are as follows:

  1. “Services” means the Services managed and operated by the Company, including a to-do list, a daily planner, and a memo application.
  2. “App” means the application software distributed by the Company on app stores such as the App Store and Google Play Store, for the purpose of providing the Services.
  3. “Company Website” means the website managed and operated by the Company.
  4. “Contract” means the contract regarding the Services concluded between the Company and the User, the Terms of which are governed by these Terms.
  5. “User” means an individual who uses the Services after fully agreeing to the contents of these Terms and the Company’s Privacy Policy.
  6. “Paid Plan” means the portion of the Services that the Company provides for a fee.
  7. “Paid Plan User” means a User who has subscribed to a Paid Plan.
  8. “Intellectual Property Rights” means copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights).
  9. “Personal Data” means personal data as defined in Article 4(1) of the General Data Protection Regulation (GDPR).

Article 2 Application

  1. These Terms are intended to set forth the conditions for the provision of the Services and the rights and obligations between the Company and the User regarding the use of the Services, and shall apply to all relationships between the User and the Company in connection with the use of the Services.
  2. Any conditions or other terms regarding the use of the Services that are posted by the Company on the App or the Company Website shall constitute a part of these Terms. In the event of any inconsistency or conflict between the provisions of these Terms and such conditions or terms, these Terms shall prevail unless otherwise expressly stated in such conditions or terms.

Article 3 Amendments to These Terms and Related Provisions

  1. The Company may modify the contents of these Terms, the fees for the Services, or other related provisions (collectively,the “Terms and Related Provisions”) in response to changes in circumstances surrounding the Services, including but not limited to changes in social or economic conditions, taxation systems, or applicable laws and regulations.
  2. In the event of any modification to the Terms and Related Provisions, the Company shall notify Users of the revised content by displaying it on the App or the Company Website, or by any other method prescribed by the Company. The modified Terms and Related Provisions shall take effect from the effective date specified at the time of such notification.
  3. If a User does not agree to the modified Terms and Related Provisions, the User shall cease using the Services. If the User continues to use the Services after the modified Terms and Related Provisions come into effect, the User shall be deemed to have agreed to such modifications.

Article 4 Notifications from the Company

  1. Notifications from the Company to the User regarding the Services shall be made by displaying them on the App, the Company Website, or through other methods prescribed by the Company. Unless otherwise specified in these Terms, such notifications shall be deemed to have reached the User when they would normally be expected to be received.
  2. The Company may request information from the User, and the User agrees in advance to provide such information upon request.

Article 5 Provision of the Services

  1. For more detailed information and features of the Services, please refer to the “How to Use” page, Frequently Asked Questions (FAQ), or other pages related to the Services within the App.
  2. The Company may, at its discretion, add, modify, or remove the content, features, or other aspects of the Services at any time without prior notice.
  3. The Services may include services that use third-party APIs, open-source software (OSS), or libraries (hereinafter referred to as “Third-Party APIs, etc.”). The User agrees in advance and understands that due to changes in the specifications, suspension, or termination of such Third-Party APIs, etc., the Services may change, and part or all of the Services may become unavailable.

Article 6 License for Use of the App 

In order to use the Services, the User must use the App. The User can download and install the App from app stores such as the App Store (Apple) or Google Play Store.

Article 7 Third-Party Services, etc.

  1. When the User uses third-party services, such as social media services (the “Third-Party Services, etc.”) through the Services, the User shall comply with the terms of use and other provisions set by the respective third party.
  2. The Company shall not be held responsible for any damages incurred by the User due to their use of Third-Party Services, etc., or any disputes between the User and the third party, except in cases of the Company’s willful misconduct or negligence.

Article 8 Subcontracting

The Company may, without the User’s consent, subcontract all or part of the Services related to the provision of the Services to third parties. In such cases, the Company shall be responsible for managing and overseeing the subcontractors.

Article 9 Fees for Paid Plans

The fees for the Paid Plan shall be as displayed on the App or the Company Website. The Company may change the fees for the Paid Plan in accordance with the provisions of Article 3 (Amendments to the Terms and Related Provisions).

Article 10 Late Payment Charges

If the User fails to pay the fees for the Paid Plan by the designated payment due date, the User shall pay to the Company a late payment charge calculated at an annual rate of 14.6%, for the number of days from the day following the due date until the day before the full payment date, including any late payment charges.

Article 11 Devices and Telecommunication Lines

  1. The devices used by the User and the telecommunication lines connecting such devices to the App or the Company Website shall be secured and maintained at the User’s own responsibility and expense.
  2. The User shall bear all communication costs incurred in connection with the use of the Services.

Article 12 Management of Personal Data

The Company recognizes the importance of protecting Personal Data and has established the following Privacy Policy. The Company shall handle the User’s Personal Data appropriately in accordance with this Privacy Policy.

https://www.apppalette.co.jp/privacypolicy_en

Article 13 Intellectual Property Rights of the Services

All Intellectual Property Rights in and to the App, the Company Website, and all tangible and intangible components that constitute the Services (including, but not limited to, software programs, databases, icons, images, text, manuals, related documentation, and all other content) belong to the Company or to third parties who have granted the Company the right to use such rights.

Article 14 Disclaimer of Warranties for the Services and the App 

  1. The Company does not guarantee that the Services or the App meets the specific purposes or expectations of the User, or that any specific results are achieved.
  2. The Company does not guarantee that the Services or the App will function properly on all operating systems, web browsers, or versions of the App used by the User, and the Company has no obligation to conduct operational verification or make improvements for such environments.
  3. The Company does not guarantee that the Services or the App will be free from interruptions, suspensions, or other malfunctions.
  4. While the Company makes its best efforts to ensure that the Services and the App are free from bugs and other defects, the Services and the App are provided on an “as is” basis, and the Company makes no warranty as to the absence of bugs or defects.

Article 15 Damages and Injunctive Relief

If the User breaches the provisions of these Terms, the Company may seek to have such act enjoined. The User shall be liable for any damages incurred by the Company or any third party as a result of such act, and shall compensate for such damages.

Article 16条 Disclaimer and Limitation of Liability

  1. The Company shall be liable for the Services only to the extent expressly set forth in each provision of these Terms. Except in cases where the Company has acted with willful misconduct or  negligence, the Company shall not be liable for any matters not guaranteed under these Terms, any matters for which liability is disclaimed, or any matters that are the responsibility of the User. Furthermore, the Company shall not be liable for any damages incurred by the User in connection with the Services, unless such damages result from the Company’s willful misconduct or negligence.
  2. If the User incurs damages due to the Company’s negligence (excluding gross negligence) in connection with the Services, the Company shall be liable only for direct and actual damages actually incurred by the User, regardless of the cause of action (whether based on breach of contract, tort, or otherwise). The total amount of compensation shall not exceed the greater of (i) the total amount of fees received by the Company from the User for the Services in the most recent 12-month period, or (ii) 5,000 yen.

Article 17条 Suspension of the Services

  1. The Company may temporarily suspend the Services for maintenance work or other necessary reasons on a regular basis or as needed.
  2. When the Company suspends the Services, the Company shall notify the Users in advance. However, in case of emergency, the Company may suspend the Services without prior notice and shall notify the Users as soon as possible thereafter.
  3. In addition to the provisions of Paragraph 1, the Company may temporarily suspend the Services if it deems that the continuation of the Services would cause significant disruption to the Users due to third-party interference or if there are other unavoidable circumstances.

Article 18 Termination of the Services

  1. The Company may terminate all or part of the Services at any time.
  2. When the Company terminates all or part of the Services, the Company shall notify the Users at least one month in advance.

Article 19 Prohibited Acts

Users shall not fall under the following grounds when using the Services:
(1) to violate or may violate laws or these Terms and Conditions;
(2) to be contrary to public order and morals;
(3) to infringe upon the Intellectual Property Rights, portrait rights, privacy, reputation, or any other rights of the Company or third parties;
(4) Defamation or slander against the Company or other Users, or actions that interfere with the provision or use of the Services;
(5) Illegal or improper viewing, obtaining, altering, disclosing, or similar actions regarding the Personal Data or other data of other Users, or impersonating other Users or falsely appearing to be related to other Users;
(6) to exploit bugs or malfunctions of the Services;
(7) to interfere or be likely to interfere with the provision of the Services;
(8) to access without authorization the hardware or software that constitutes the Services, cracking, actions that impose excessive load on the server, or other actions that interfere with the systems used to provide the Services;
(9) to reverse-engineer the software that constitutes the Services, attempting to obtain the source code, or any actions that analyze the systems used to provide the Services; or
(10) to be regarded as inappropriate for the User by the Company based on reasonable grounds.

Article 20 Term of the Contract

  1. The term of the Contract shall be from the date the User starts using the Services until the date the Contract is terminated.
  2. The duration of the Paid Plan shall be from the date the User registers for the Paid Plan until the date the Paid Plan ends.

Article 21 Termination of Use by the Company

1. The Company may, without prior notice or demand to the User, suspend the provision of the Services or terminate all or part of the Contract if the Company determines that the User falls under any of the following:
 (1) to be likely to interfere with the Company’s business operations;
 (2) to violate laws, ordinances, other regulations, these Terms, or the Contract;
 (3) if there is a petition for seizure, provisional seizure, provisional disposition, auction, bankruptcy, commencement of corporate reorganization proceedings, commencement of special liquidation, special conciliation or other administrative dispositions against the User’s important assets, or the commencement of bankruptcy, civil rehabilitation, corporate reorganization, or special liquidation proceedings of the User are filed; 
 (4) It becomes clear that the User has been denied payment authorization by a credit card company (including app store payment systems), or there is a suspicion of unauthorized credit card use; or
 (5) to breach a provision in Article 19 (Prohibited Acts).
2. In addition to the preceding paragraph, if the User is responsible for a situation that makes it difficult to continue providing the Services to that User, and the Company demands correction but the User fails to remedy the situation within 14(Calendar) days, the Company may terminate all or part of the Contract. 

Article 22 Cancellation of the Paid Plan by Paid Plan Users

  1. Paid Plan Users may cancel their Paid Plan at any time with effect going forward. 
  2. Even if a Paid Plan User cancels the Paid Plan, the Company shall not refund any fees already received up to the month of cancellation. The User shall not be exempt from paying the usage fees for the cancellation month or any outstanding fees.
  3. If a Paid Plan User cancels their Paid Plan and the Services is being used through an auto-renewing subscription provided by an app store such as the App Store or Google Play Store, the subscription may not be terminated unless the User completes the cancellation procedure for the auto-renewing subscription via the respective app store. If the User wishes to terminate such auto-renewing subscription, they shall do so at their own responsibility through the relevant app store.

Article 23 Post-Termination Procedures for the Contract

  1. When the Contract is terminated, regardless of the reason for termination, the User shall immediately cease use of the Services.
  2. Upon termination of the Contract, regardless of the reason, the Company may delete any data related to the User.
  3. When the Paid Plan is terminated, the Paid Plan User shall no longer be able to use the paid features of the Services after the expiration of the Paid Plan period.
  4. Upon termination of the Paid Plan, the Company may delete any data of the Paid Plan User that was stored as part of the paid Services.
  5. The Company shall not be liable for any damages incurred by the User as a result of data deletion carried out in accordance with this Article.
  6. Even after termination of the Contract, the provisions of Article 9 (Paid Plan Fees), Article 10 (Late Payment Charges), Article 12 (Management of Personal Data), Article 13 (Intellectual Property Rights of the Services), Article 14 (Disclaimer of Warranties for the Services and the App), Article 15 (Damages and Injunctive Relief), Article 16 (Disclaimer and Limitation of Liability), this Article, Article 25 (Severability), Article 26 (Force Majeure), and Article 28 (Governing Law and Jurisdiction) shall remain in effect.

Article 24 Assignment of Status under the Contract

  1. Users shall not assign or transfer their status under the Contract, or assign, transfer, or offer as security all or part of their rights and obligations under the Contract to any third party without the prior written consent of the Company (including consent by electronic means).
  2. In the event that the Company transfers the business related to the Services to another entity, the Company may transfer its status under the Contract, rights and obligations under these Terms, and information related to Users to the transferee of such business. The User hereby agrees in advance to such transfer. The term “business transfer” as used in this paragraph shall include company splits and any other cases where the business is transferred.

Article 25 Severability

Even if any provision of these Terms and Conditions, or any part thereof, is held to be invalid or unenforceable under the Japan Consumer Contract Act or any other applicable laws or regulations, the remaining provisions of these Terms and the remaining parts of such invalid or unenforceable provision shall remain in full force and effect.

Article 26 (Force Majeure)

The Company shall not be liable for any damages or disadvantages incurred by the User due to the non-performance of the Services caused by force majeure events, including but not limited to natural disasters (such as typhoons, tsunamis, earthquakes, storms and floods, lightning strikes, and salt damage), fires, infectious diseases, epidemics, cyberattacks, pollution, wars, riots, civil disturbances, acts of terrorism, strikes, enactment, revision or repeal of laws or regulations, orders or dispositions by public authorities or any acts of government, labor disputes, accidents involving transportation or communication lines, or other events beyond the Company’s reasonable control.

Article 27 Consultation

If any objection or doubt arises regarding the interpretation of these Terms, or if any matter not stipulated in these Terms occurs, the Company and the User shall engage in good faith discussions to resolve such issues amicably.

Article 28 Governing law and Jurisdiction

These Terms and the Contract shall be governed by and construed in accordance with the laws of Japan. Any and all disputes arising out of or in connection with the Services, the App, these Terms, or the Contract between the User and the Company shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Established on February 17, 2021
Last revised on June 30, 2025