This is a translation of the original Japanese document. In the event of any discrepancy, the Japanese version prevails.
These Terms of Use ("Terms") set out the conditions for using the application "MUSMON" and related services (the "Service") provided by rei wakamatsu (the "Operator"). By using the Service, the user ("User") agrees to these Terms.
1. Acceptance
By using the Service, the User is deemed to have agreed to these Terms.
2. Changes to the Terms
The Operator may amend these Terms without the User's prior consent. The amended Terms take effect when posted on the Service or within the app. Material changes will be notified appropriately within the app or otherwise.
3. Personal Information
The Operator handles User information in accordance with its separately defined Privacy Policy.
4. Operating Environment
Use of the Service requires an iOS or Android device and an internet connection. The Service may not operate correctly depending on the User's environment.
5. Paid Plan (Subscription)
The Service offers an auto-renewing paid subscription, "Premium," which unlocks additional features.
Plans & price: Monthly and yearly plans are offered. Prices are as displayed on the App Store (currency and amount follow the App Store display for each country/region).
Free trial: A free trial may be offered. After the trial ends, the subscription automatically converts to the paid plan unless canceled.
Billing & auto-renewal: Payment is charged to the User's Apple ID (or Google account) at confirmation of purchase or at the end of the free trial. The subscription renews automatically and is charged the same amount unless auto-renewal is turned off at least 24 hours before the end of the current period.
Cancellation: You can cancel at any time in your account settings (Apple ID / Google account). After cancellation, you may continue to use paid features until the end of the current period.
Refunds: Purchases and refunds follow the App Store / Google Play terms; the Operator does not, in principle, provide refunds.
Price changes: The Operator may change prices in the future, following the procedures defined by the store.
6. Intellectual Property
Copyrights and other intellectual property rights in the Service belong to the Operator or to third parties with legitimate rights.
The User may not use content provided through the Service beyond the scope of private use.
7. User Content (Community Features)
The Service includes features that let Users set and publish nicknames, profiles, and similar content.
Users must not register or publish content that violates laws or public order, defames, discriminates against, or harasses others, or is otherwise inappropriate.
The Operator may, without prior notice, remove content it deems inappropriate or suspend the relevant User (the Operator adopts a zero-tolerance policy toward objectionable content).
If you find inappropriate content or users, please report it to the contact below.
8. Prohibited Acts
Users must not engage in the following:
Infringing the intellectual property or proprietary interests of the Operator or third parties, or risking doing so
Acts violating laws or public order and morals, or risking doing so
Causing disadvantage or harm to other Users or third parties, or risking doing so
Interfering with the operation of the Service, or risking doing so
Damaging the reputation of the Operator or the Service
Reverse engineering, decompiling, or disassembling the software included in the Service
Unauthorized access to the servers or facilities ("Facilities") used to provide the Service, or unauthorized alteration or deletion of stored information
Sending harmful programs to the Facilities, or placing excessive load on them
Any other act the Operator deems inappropriate
9. Suspension / Forfeiture of License
The Operator may, without prior notice, suspend the User's use of the Service or revoke the license if the User falls under any of the following. Upon revocation, the User must promptly destroy programs and data related to the Service.
The User has violated, or is likely to violate, any provision of these Terms
The User has violated laws or ordinances
10. Temporary Interruption / Suspension
The Operator may interrupt or suspend the Service without prior notice in the following cases. The Operator is not liable, to the extent permitted by law, for any resulting damage.
Urgent maintenance of facilities
Failure of communication lines or the internet making provision difficult
Force majeure such as fire, power outage, natural disaster, war, changes in law, or government action
Other unavoidable operational or technical reasons
11. Changes / Termination of the Service
The Operator may change, suspend, interrupt, or terminate all or part of the Service at any time and for any reason, without prior notice to Users.
12. Disclaimer
To the extent permitted by law, the Operator is not liable for any damage arising from use of, or inability to use, the Service (except in cases of the Operator's willful misconduct or gross negligence).
The Operator does not warrant the operation, compatibility with specific devices, completeness, accuracy, legality, or usefulness of the Service.
To the extent permitted by law, the Operator is not liable for damage caused by display delays or failures due to excessive access or other causes, or by changes to or termination of the Service.
13. Damages
If the Operator suffers damage due to a User's act, the Operator may claim compensation from that User.
Users shall resolve, at their own responsibility and expense, any dispute with other Users or third parties arising in connection with use of the Service.
14. App Store / Google Play Provisions
If the Service is obtained from the App Store (Apple Inc.), the following apply:
These Terms are concluded solely between the User and the Operator; Apple is not a party. The Operator is responsible for the Service and its content.
Apple has no obligation to provide maintenance or support for the Service.
If the Service fails to conform to any applicable warranty, the User may notify Apple, and Apple may refund the purchase price of the app (if applicable). To the maximum extent permitted by law, Apple has no other warranty obligation.
The Operator, not Apple, is responsible for addressing claims relating to the Service, including product liability, non-compliance with laws or regulations, consumer protection, and intellectual property infringement.
Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon the User's acceptance, have the right to enforce these Terms against the User as a third-party beneficiary.
If obtained from Google Play, the same applies with respect to Google.
15. Eligibility / Age
The Service is not intended for use by persons under 13 (or under 16 in the European Economic Area). Minors must use the Service with the consent of a parent or guardian.
16. Governing Law / Jurisdiction
These Terms are governed by the laws of Japan. The Tokyo District Court shall have exclusive jurisdiction as the court of first instance for any dispute relating to the Service or these Terms.