iChidori-Guide Terms of Use

Article 1 (Definitions)

Terms used in this Agreement are defined as follows

1. Service
   Services operated by the Company and related services.
2. The Site
   The website on which the contents of the Service are posted.
3. Contents
   A generic term for text, sound, still and moving images, software programs, code, etc. provided on the Service
4. User
   All persons who use the Service.
5. Personal Information
   A generic term for information that can identify an individual, such as address, name, occupation, telephone number, etc.
6. Intellectual Property
   Inventions, devices, new varieties of plants, designs, works of authorship and other items produced by human creative activity (including laws or phenomena of nature that have been discovered or elucidated and that have industrial applicability), trademarks, trade names and other items indicating goods or services used in business activities, and trade secrets and other technical or business information useful for business activities.
7. Intellectual property rights
   Patent rights, utility model rights, breeder's rights, design rights, copyrights, trademark rights, and any other rights provided by law with respect to intellectual property or rights pertaining to legally protected interests

Article 2 (Agreement to these Terms of Use)

1. Users may use the Service upon agreeing to these Terms of Use.
2. When a user downloads the Service to a smartphone or other information terminal and goes through the procedures for agreeing to the Terms of Use, a contract of use in accordance with the various provisions of the Terms of Use shall be established between the user and the Company.
3. If the user is a minor, the user must obtain the consent of a person with parental authority or other legal representative before using the Service.
4. If a minor user uses the Service by falsely claiming to have the consent of a legal representative even though he/she does not have such consent, by falsely claiming to be of legal age, or by using other fraudulent means to make the user believe that he/she is of legal capacity, all legal acts related to the Service cannot be revoked.
5. If a user who was a minor at the time of consenting to these Terms of Use uses the Service after reaching the age of majority, such user shall be deemed to have ratified any and all legal acts related to the Service.
6. The Service is designed for home (individual) use. It is not intended for business use (i.e., for sales transactions of goods or for other proof of scale).

Article 3 (Modification of Terms)

1. The Company may revise the Terms of Use at any time without obtaining the consent of the user, and the user shall consent to such revisions without objection.
2. When the Company revises the Terms of Use, it will notify the user of the contents of such revision by the method prescribed by the Company.
3. Revisions to the Terms shall take effect from the time the Company gives notice in accordance with the preceding paragraph.
4. Users will be deemed to have agreed to the revised Terms of Use without objection at the time they use the Service after the revision of the Terms of Use.

Article 4 (Handling of Personal Information, etc.)

Personal information and user information shall be handled appropriately in accordance with the "Privacy Policy" separately stipulated by the Company.

Article 5 (Prohibited Acts)

When using the Service, the following acts are prohibited by the Company.
If the Company deems that a user has violated any of the prohibited acts, the Company may take any action that the Company deems necessary.

1. Acts that infringe on the intellectual property rights of the Company or a third party
2. Acts that defame the reputation or credibility of the Company or a third party, or acts that unfairly discriminate against or slander the Company or a third party.
3. Acts that infringe or may infringe the property of the Company or a third party
4. Actions that cause economic damage to the Company or a third party
5. Acts that are threatening to the Company or a third party
6. Actions that specify or induce computer viruses or other harmful programs.
7. Actions that place an excessive burden of stress on the infrastructure facilities for this service
8. Attacks on our servers, systems, or security.
9. Attempting to access our service by means other than the interface provided by the Company
10. Actions in which a single user obtains multiple user IDs.
11. Other than the above, acts that the Company deems inappropriate

Article 6 (Disclaimer)

1. The Company shall not be liable for any damages whatsoever resulting from changes in the content, interruption, or termination of the Service.
2. The Company shall not be involved in, and shall not be liable for, the user's environment for using the Service.
3. The Company makes no warranty that the Service will be suitable for the user's specific purpose, that it will have the expected functions, commercial value, accuracy, or usefulness, that the user's use of the Service will conform to the laws and regulations applicable to the user or the internal rules of industry associations, or that defects will not occur. We do not guarantee that the Service will be accurate or useful.
4. The Company does not guarantee that the Service is compatible with all information terminals, and the user acknowledges in advance that malfunctions may occur in the operation of the Service as a result of OS upgrades, etc. of the information terminal used for the Service. The Company does not guarantee that such defects will be resolved by the Company's modification of the program, etc. in the event of such defects.
5. Users acknowledge in advance that the use of all or part of the Service may be restricted due to changes in the terms of service and operating policies of service stores such as AppStore, Google Play, etc. Users agree to abide by the terms of service and operating policies of such stores.
6. The Company shall not be liable for any damages incurred by users directly or indirectly as a result of using the Service.
7. The Company shall not be liable for any loss of opportunity, business interruption, or any other damages (including indirect damages and lost profits) incurred by users or other third parties, even if the Company has been notified of the possibility of such damages in advance.
8. The provisions of Paragraph 1 through the preceding paragraph shall not apply in the event of intentional or gross negligence on the part of the Company, or in the event that the contract falls under the category of consumer under the Consumer Contract Act.
9. Even in cases where the preceding paragraph applies, SBM shall not be liable for any damages incurred by the User due to negligence (excluding gross negligence). Even if the preceding paragraph applies, we shall not be liable to compensate for damages arising from special circumstances among damages incurred by users due to acts of negligence (excluding gross negligence).
10. In the event that the Company is liable for damages in connection with the use of the Service, the Company shall be liable for damages up to the amount of usage received from the user in the month in which the relevant damages occurred.
11. We shall not be liable for any disputes or troubles between users and other users. In the event that a dispute arises between a user and another user, both parties shall be responsible for resolving the dispute and shall not make any claim against the Company.
12. In the event that a user causes damage to another user or has a dispute with a third party in relation to the use of the service, the user shall compensate for such damage or resolve such dispute at the user's own expense and responsibility, and shall not cause any trouble or damage to our company.
13. In the event that we receive a claim for damages from a third party as a result of the user's actions, the user shall resolve such claim at the user's expense (attorney's fees) and responsibility. In the event that this company pays compensation for damages to said third party, the user shall pay all expenses (including attorney's fees and lost profits) including said compensation for damages to this company.
14. In the event that a user causes damage to the Company in connection with the use of the Service, the user shall compensate the Company for the damage (including legal fees and attorney's fees) at the user's expense and responsibility.

Article 7 (Prohibition of Assignment of Rights)

1. The user shall not transfer all or part of the user's position under these Terms of Use and rights or obligations under these Terms of Use to a third party without the prior written consent of the Company.
2. We may transfer all or part of the Service to a third party at our discretion, in which case all rights of the user pertaining to the Service, including the user's account, shall be transferred to the transferee to the extent of the rights transferred.

Article 8 (Severability)

If any provision of these Terms and Conditions or any part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws or regulations, the remaining provisions of these Terms and Conditions and the remainder of any provision that is determined to be invalid or unenforceable in part shall remain in full force and effect.

Article 9 (Method of Contacting the Company)

Users' communications and inquiries to the Company regarding the Service shall be made via the inquiry form provided in appropriate locations within the Service or the website operated by the Company, or by methods separately designated by the Company.

Article 10 (Governing Law, Court of Jurisdiction)

1. The validity, interpretation, and performance of this Agreement shall be governed by and construed in accordance with the laws of Japan.
2. Any and all controversies, lawsuits, or other disputes between the Company and users, etc. shall be subject to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court, depending on the amount of the action.

June 30, 2023 Effective date