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