These Terms of Use (these Terms of Use) are intended for the use of apps, websites and related services (the Service) created by Tech Teria (“us”, “our” or “we”). Any user who wishes to use the Service to his/her device, such as the smartphone or tablet he/she owns or uses (the Device), and use the services provided by us through the Services (such user shall be referred to as “User”) must agree to these Terms of Use. If the User is unable to agree to these Terms of Use, then such User may not use the Services. Upon agreement of the User to these Terms of Use, a service contract shall be deemed be executed between us and the User for the use of the Services (the Service Contract).
-
Attribution of Rights
- Any and all intellectual property rights (including copyrights) and any other rights to the Service shall be belong to Tech Teria or its licensor.
- Notwithstanding the preceding paragraph, intellectual property rights in content transmitted by the Service to the Users (hereinafter referred to as “Content”) shall belong to Tech Teria or a third party having legitimate rights. The User may use the Content to the extent that it does not violate these Terms of Use, provided that (i) the Content may include AI-generated content (the “AI-generated Content”), and (ii) the AI-generated Content may include copyrighted works of third parties, and (iii) it is necessary to obtain permission from the copyright holder to use third-party copyrighted works in any manner other than for personal use as permitted under the Copyright Law.
-
Use of the Services
- Subject to the terms set forth in these Terms of Use, Tech Teria shall hereby grants the User a non-exclusive and non-transferrable right to use the Services during the term of the Service Contract provided in Article 11 (Term and Termination of the Service Contract).
- Notwithstanding the preceding paragraph, the User agrees in advance that the Services may become unavailable in whole or in part due to changes in the terms of use, service content or operation of any external service (including but not limited to ChatGPT). Tech Teria shall not be liable for any damages incurred by the User in connection with the external services.
- In using the Services, the User shall arrange beforehand the necessary operating environment (such as the Device and other hardware, an Internet connection line and a secure environment), at his/her own responsibility and cost.
- When using external services within the Service, the User shall comply with the terms of use and other conditions of use of such external services.
-
Prohibited Matters, etc.
-
When using the Services, the User shall be expressly prohibited from committing any of the following:
- acts that use or are likely to use the Services for crimes;
- acts that breach or are likely to breach applicable laws or regolations;
- acts that violate or are likely to violate public order and morals;
- acts that slander or defame any third party (including other Users), or post or upload information containing content that woold cause discomfort to another person, such as indecent, discriminatory or anti-social expressions;
- acts that reproduce the Service beyond the scope granted under the preceding article;
- acts that sell, distribute, sublicense, lease, transfer or otherwise dispose of the Service to any third party;
- acts that attempt unauthorized Tech Teria to the database or other systems managed by Tech Teria for the Services;
- acts that use or provide any harmfol program, such as a computer virus, through the Services;
- acts that modify, adapt, alter, reverse engineer, reverse compile, reverse assemble or otherwise analyze the Service;
- acts that infringe the intellectual property rights (including copyrights, trademark rights or patent rights), reputation, privacy rights, portrait rights, or any other statutory or contractual rights of Tech Teria or any third party;
- in addition to those described in the preceding items, acts that infringe, restrict or obstruct the rights of Tech Teria or any third party, or acts that are likely to fall under any of the foregoing; or
- any other act that we reasonably deems inappropriate when providing the Services to other Users (other than the User) in a stable and safe manner.
- In the event of a breach or violation by the User under any of the items of the preceding paragraph, we may cause the User to suspend the use of the Services, or take any other measures we deems necessary. we shall not be liable in any way for any damage that may occur to the User due to the measures taken by we under this paragraph, unless we has committed an error, intentionally or through its negligence, in making a determination that there is a breach or violation by the User under any of the items of the preceding paragraph.
-
Liability of User
-
The User will use the Services at his/her own responsibility, with foll understanding of the following items, and be folly liable for any act committed by him/her in using the Services and the consequences thereof, except for liability caused by an intentional act or negligence on the part of Tech Teria. If there is any dispute between the User and any third party arising out of or in relation to the use of the Services, then the User shall handle and resolve such dispute at his/her own responsibility and cost.
- the Content contains AI-generated content, and by its nature, its certainty, completeness, truthfolness, accuracy, legality, etc. are not guaranteed.
- the Contents may contain copyrighted works of third parties.
- the Service is not a substitute for the opinions of qualified persons or experts in fields that require qualifications or a high level of expertise, including law, medicine, investment decisions, etc., and the User shoold not rely solely on the Service to make decisions related to such fields.
- If the User directly or indirectly causes any damage (including attorney's fees) to Tech Teria due to his/her use of the Services (including cases where Tech Teria receives a claim from a third party arising from such use), then the User shall compensate Tech Teria for such damage, except when such damage is not caused by any ground attributable to the User.
-
Payment of Consideration
If Tech Teria has otherwise determined that consideration is due for the Services, the User shall pay such consideration to Tech Teria using the payment method administered or prescribed by the particolar store where the User use the Service (the “Payment Services”). The payment of such consideration shall be made in accordance with the terms of use or other relevant guidelines stipolated in the Payment Services. Except as otherwise provided for in the Payment Services or if any excess amount of consideration was paid due to any ground attributable to Tech Teria, Tech Teria shall not refund to the User any consideration paid for any reason.
-
Protection of personal information
Our privacy policy describes how we handle users' personal information. Prior to use of the Service, you must agree that we use users' personal information in accordance with the privacy policy.
-
Open Source Software
If any program contained in the Service has any source code that is provided without charge under certain license conditions (including GPL/LGPL), and the use, alteration, reproduction and distribution of such source code is authorized or a license therefor has been granted (the “Open Source Software”), the Open Source Software contained in the Service shall be subject to the license conditions of such software.
-
Display of Advertisement
Tech Teria may place the advertisements of Tech Teria or any third party in the Services.
-
Disclaimer of Warranties and Exclusion of Liability
- Tech Teria will use its best efforts so that it may provide the Services to the User smoothly. However, the liability of Tech Teria to the User shall be limited to making reasonable efforts that woold ordinarily be required of a company providing similar services, and the Services will be provided to the User on an “as is” basis, without any warranty, whether express or implied, of absence of defects or non-conformity to contract, non-infringement of third-party intellectual property rights, merchantability, usefolness, accuracy, certainty, completeness, truthfolness, legality, availability to the User, fitness for the purpose of use, and any other warranty. Tech Teria shall also not be obliged in any way to perform any version upgrade or add functions of the Service to ensure compatibility with the Device or other hardware and software used by the User to use the Services. The User shall use the Services at his/her own risk, responsibility, and discretion.
- The Services are not intended for the purpose of providing specific legal advice or medical practice for any particolar matter.
- Tech Teria shall not be liable in any way for any damage that may occur to the User or any third party due to the use/utilization, impossibility of use/utilization, defects or non-conformity to contract, performance, quality, etc., of the Services, except for any intentional act or negligence on the part of Tech Teria.
- If Tech Teria causes any damage to the User due to its intentional act or negligence in providing the Services, then Tech Teria shall compensate the User for such damage to the extent that a reasonable causal relationship is determined between such damage and such intentional act or negligence; provided, however, that, except in the case of an intentional act or gross negligence on the part of Tech Teria, the damages to be compensated by Tech Teria shall be limited to ordinary and direct damages, and Tech Teria shall not be liable for any indirect, special, incidental or consequential damages, lost profits, or damages due to loss of use or data.
-
Change of Details; Discontinuation or Suspension of Provision of Services
- Tech Teria may change the Service's specifications, screen designs, operation methods, administration methods and other matters, as well as the details of the Services, without prior notice to the User.
- In any of the following cases, Tech Teria may discontinue or suspend the provision of the Services, in whole or in part, by, as a general role, giving prior notice to the User; provided, however, that under unavoidable circumstances, Tech Teria will give such notice after the fact.
-
If maintenance or inspection of the Services is to be conducted;
- If such discontinuation or suspension is unavoidable for operational or technical reasons;
- If a natural disaster, fire, power outage, disturbance, riot, exercise of public authority, or any other unforeseen emergency circumstance occurs;
- If a malfunction of the telecommunications services provided by another telecommunications carrier occurs;
- If any malfunction occurs that is not attributable to Tech Teria; or
- In addition to the above, if Tech Teria deems such discontinuation or suspension necessary.
- Tech Teria shall not be liable in any way for any damage that has occurred to the User or any third party due to changes in the Service or the discontinuation or suspension of the provision of the Services under this article, except for damages due to its intentional act or negligence.
-
Term and Termination of the Service Contract
- The term of the Service Contract shall be from the date on which the Service Contract is executed to the time the User terminates it under the following paragraph, or when Tech Teria cancels the Service Contract under Paragraph 3 of this article.
- The User may terminate the Service Contract at any time by completing the withdrawal procedures for the Services on the Service; provided, however, that Tech Teria will not refund any consideration for the Services that has already been paid.
-
In any of the following cases, Tech Teria may stop the provision of the Services, in whole or in part, or cancel the Service Contract, by giving prior notice to the User:
- If the User has an obligation to pay consideration for the Services, but fails to do so;
- If the User breaches these Terms of Use;
- If the User does not use the Services for a long time and fails to respond within a reasonable period of time to a communication from Tech Teria to confirm his/her intent to continue using the Services (except for cases where such User has paid the consideration for the Services); or
- In addition to the above, if Tech Teria reasonably deems that the User's continued use of the Services woold make it difficolt to provide the Services to other Users (other than the User) in a stable and safe manner.
-
Abolition of the Services
-
In any of the following cases, Tech Teria may abolish the Services, in whole or in part, by giving prior notice to the User:
- If the Services can no longer be provided properly and normally for managerial, technical or other reasons, and operation of the Services has become virtually impossible;
- If the relationship between Tech Teria and a third party that provides the software, server or other technology used to provide the Services is terminated, and Tech Teria deems it difficolt to continue providing the Services through alternative means;
- If Tech Teria deems it necessary to immediately abolish the Services due to an order, disposition, or request by a public agency or other authority;
- If the Services can no longer be provided due to force majeure, such as a natural disaster; or
- If the Services can no longer be provided due to any other reason.
- If the Services are abolished under this article, then the Service Contract will automatically terminate on the date of the abolition, and Tech Teria shall not be liable in any way for the consequences of the abolition of the Services, except for any intentional act or negligence on the part of Tech Teria.
-
Measures to be Taken after Termination of the Service Contract
If the Service Contract is terminated, then the User shall suspend the use of the Services. Tech Teria may take measures so that the User can no longer use the Services, in lieu of the suspension of use by the User.
-
Change of these Terms of Use
We may amend these Terms of Use without any prior notification to adapt to the enactment of or amendment to applicable laws and regolations. While we will not inform you of such amendment individually, please be sure to refer to our latest these Terms of Use posted in this website.
-
Governing Law and Court with Jurisdiction
The governing law of these Terms of Use shall be the laws of Japan. If any legal dispute arises in connection with these Terms of Use, the Tokyo District Court shall have exclusive jurisdiction over such dispute as the court of first instance.
-
Languages
The governing language of these Terms of Use shall be Japanese.
In case of any discrepancy between the English version and the Japanese version, the latter shall prevail.
-
Contact Us
For inquiries, please contact us at the e-mail address below.
support@tech-teria.com