Daily Planner Service (hereinafter referred as “Service”) is provided by Kiyoh Inc. (“Company” or “Kiyoh”) to our users (“User” or “Users”) in accordance with this acceptable use policy (“AUP”). The AUP includes the terms and conditions of the Service regarding rights and obligations between Users and the Company. Please be advised that it is necessary for our Users to agree with the AUP in use of our Service. Users shall be deemed to agree with the AUP when they use our Service.
1.1 The AUP aims to define the terms and conditions of the Service as well as rights and obligations between the Users and the Company in using our Service. The AUP is applicable to use of the Service in connection with all the relationships between the Users and the Company.
1.2 This AUP is not all-inclusive. The Service usage rules and instructions listed in our website and applications (hereinafter referred to as “Rules”) shall be a part of this AUP.
1.3 The terms and conditions of this AUP survive when this AUP is inconsistent with the rules mentioned in the previous clause or other instructions of the Service.
1.4 The applicants less than 16 of age need to have consent or permission from their parents or other guardians with parental rights if exist in order to use our Service.
The terms in this AUP are defined hereinafter.
Website: The website run by the Company whose domain is “kiyohcorp.com” or a dedicated website related to this service that we may operate in the future
Application: The application, “Daily Planner” for smart phones distributed through “App Store” operated by Apple Inc. or iTunes K.K. and through “Google Play” operated by Google Inc.
* This includes the new altered applications despite any reason, in the case the Service’s name or contents are altered.
- Outline of the Service
3.1 The functions of the Service (hereinafter referred as “Functions”) are described hereinafter, provided that the Functions shall be separately described, defined and altered by the Company without any consent of the Users. Some of the Functions might not be available in some types of terminals even though they are object terminals. Functions are;
- Users can register Users’ schedules in a calendar.
- Users can register goal and keep a diary.
- The Company’s notice and the writings of other Users are notified to Users.
- Users may use other Functions provided by the Company.
3.2 These Functions and usage conditions are subject to the Company’s decision and discretion and may be variable at any time depending on the usage history obtained through the Service, as well as depending on which days of the week, time zone, weather, Users and other conditions.
3.3 Communication devices and tools, and electricity and such like which are necessary to use the Service shall be obtained and prepared at the cost and responsibility of the Users.
3.4 The Company may post its own or third parties’ advertisements on the Service. The transactions between the Users and the advertisers shall be conducted at the all responsibilities and cost of the Users and the advertisers. The Company shall not be responsible by any means for the damages incurred to the Users by such transactions.
4.1 Those who wish to use our Service (“Applicants”) shall use our Service at their own cost and responsibility after giving a consent to our AUP.
4.2 The Applicants shall be Users when they use our Service.
The Company may delete the user registration and suspend the Service without giving any prior notice or demand when the Company believes that a user violates or has violated any term or condition of the AUP or when the Company believes it is inappropriate to provide the Service to that user.
- Cease of Service
Users are deemed to have ceased to use the Service when they uninstall the application or delete their user registration. The obligations burdened on the users before they cease the use of the Service shall survive even after their cease of use.
- Provision of Subscription Services
7.1 Users may receive services in exchange for payment of a fee or under the terms and conditions prescribed by Kiyoh, wherein the Users pay a certain amount of considerations to use certain Subject Contents designated by Kiyoh for a certain period of time (the “Subscription Services”). Users shall abide by these Terms and Conditions, the fees for the Subscription Services, the payment method thereof, as well as other terms and conditions of use posted on the Services or on Kiyoh’s website.
7.2 Users may take procedures for the cancellation of Subscription Services at any time; provided, however, that even if a User takes the procedures for cancellation prior to the intended period of use, the User may not change such period of use, nor may the User cancel the purchase of the Subscription Services. In such case, the fees already paid will not be refunded, nor will there be any refund on a pro rata basis. However, the foregoing will not apply if laws or regulations require otherwise.
7.3 If a User does not complete their cancellation procedure by the designated date and time, the period of use of the Subscription Services may be automatically renewed in accordance with the terms prescribed by Kiyoh even after the end of the period of use of such Subscription Services.
7.4 Fees paid by the User shall not be refunded for any reason (Including, but not limited to, changes in the content of the subscription service due to changes in this service). This does not apply if legally required.
- User responsibility
8.1 Users shall use the Service at their own risks and shall bear all responsibility for their actions and their results upon our Service.
8.2 Users shall guarantee the Company that the contents or information provided by the Users while using the Service are free from de facto or legal flaws and shall not violate any right of third parties. In the case where any conflict or dispute shall occur between the Users and third parties, the Users shall solve such conflict or dispute at their own cost and responsibilities, and shall not cause any damage or trouble to the Company.
8.3 In the case where Users violate others’ rights, the Users shall solve the disputes at their own cost and responsibility. The Company shall not be responsible for any damage inflicted upon others.
8.4 The Company does not expressly or impliedly guarantee that any data registered or any content posted to the application will not to be deleted or erased. The Users shall back up their data at their own risk. The Company shall not bear any obligation to back up the contents data posted by the Users.
8.5 In the case where the Company or a third party has suffered loss/damage or has been charged an expense incurred by the Users’ mal-practice of the Service, the User shall immediately compensate the Company or such third party.
Users shall not engage in the following or any other acts the Company considers equivalent to the following. As soon as the Company judges that a User is engaging or has been engaged in the following activities, the Company may suspend the Service provision to such User, delete his/her user registration, suspend his/her calendar functions, delete or amend his/her contents posted or may take any other measures that the Company considers necessary and appropriate without any prior notice. The Company shall be free from responsibility for any damage, loss or disadvantage incurred by the Company’s measures above-mentioned.
- Activities that violate this AUP
- Activities that violate laws and regulations, or criminal actions
- Activities that may hinder public orders and good customs
- Activities that lead to the misrepresentation of a third party
- Activities that infringe the third parties’ rights or privacies
- Activities that intentionally spread false information
- Activities that post or transmit violent or cruel expressions
- Activities that use the Service for the purpose of sexual conducts or obscene behaviors
- Activities that use the Service for the purpose of meeting or dating with unknown people of opposite sex
- Activities including solicitation behaviors for multilevel marketing or pyramid selling etc.
- Activities including the religious solicitation behaviors
- Activities that lead to discrimination by race, national origin, creed, sex, social status, family origin etc.
- Activities that induce or encourage suicide, self-injury behavior, or drug abuse
- Activities that post or transmit expressions which lead to the discomfort of others
- Activities that use the Service for the purpose of harassment or libelous attacks against others
- Activities deemed to be spamming by the Company including sending messages indiscriminately to numerous Users etc.
- Activities that pose excessive burden over the network or the system of the Service etc.
- Activities that gain illegal access to the network or the system of the Service etc.
- Other activities that the Company judges inappropriate
- Suspension of the Service
The Company may suspend or cease the provision of all or a part of the Service without any prior notice to the Users in the case where any of the following occurs. The Company shall not be responsible for any damage inflicted upon Users in relation to the measures taken by the Company under this article.
- When any inspection or maintenance of the Service system or infrastructure is conducted.
- When the Service is incapable to be provided due to the force majeure including power failure, natural disaster and such like.
- When the Service is incapable to be provided due to any accident occurred to computers or communication lines and such like
- When mal functions occur in platforms, cloud computing service and other related services provided by third parties which are indispensable to provide our Service
- When the Company deem it is necessary to suspend or cease the Service
- Alteration and termination of the Service
11.1 The style, formation, presenting way, and characteristics of our Service and may be altered in any moment without any prior notice to Users since our Service is constantly being developed. The Company may permanently terminate or temporarily suspend providing a part of or all the Service with a prior notice to Users. Provided that the Company may terminate or suspend the Service without any prior notice to Users in case of emergency.
11.2 Users shall agree with that our Service or our applications are to be provided as they are. Users shall be responsible to the risks arisen when they use the Service.
- The Company’s Exemption of Liability
12.1 The Company shall not guarantee in any sense that the Service suites to Users’ specific purpose, that the Service has functions, values, accuracies and efficiencies as Users expect or that the Service never has mal-function.
12.2 The Company is totally free from any liability for the damage incurred to Users when they use our Service, including damages incurred by not being able to use our applications due to mal-functions, errors or any other problems, and damages incurred by terrorism, criminal acts and other illegal conducts to the Company or Users.
12.3 The Company will not be involved in the Users’ communications or activities in any sense. Should arise any dispute among Users, such disputes shall be solved by Users themselves and the Company shall not be responsible to any liability.
12.4 The Company is not responsible to inspect or record any information transferred to our applications by Users.
12.5 Users, by themselves, shall manage all the information recorded in their terminal units through our Service. The Company shall be totally free from any damage incurred by loss, robbery, hacking or any other problems of Users’ terminal units.
12.6 In the case that this AUP shall be deemed to be the contract between consumers and business entities stipulated in the Article 2.3 of the Consumer Contract Law, the part “The company’s responsibility or liability shall be totally exempted even due to its own non-fulfillment of the obligations or its own illegal act” shall not be applicable. In such case, the Company shall be responsible for the liability to compensate the direct damage inflicted on Users. Provided that the scope of the liability shall not be limited to such direct damage in the case the Company caused the damage on its own purpose or on its own serious negligence.
- Attribution of property rights of the Service
13.1 Copyrights, trademark rights and any other property rights regarding information, contents, trademarks, images, pictures, advertisements, designs and such like (except for the contents posted by Users) contained in our website and in our applications shall attribute to the Company, to authors and to those who have copyrights of the same.
13.2 Our Service as well as all the software used in our Service contain property rights protected by the laws and regulations on intellectual property right. Users shall not copy, edit, post, publicly transmit, distribute, sell, provide, translate, use or utilize, by any means, the contents of our Service or all the software used in our Service, except Users are legally allowed to use the same by the Company or third parties who own copyrights or other property rights, or except legally allowed to use the same under the appropriate laws or regulations.
13.3 The Company shall be totally free from any damage incurred when Users violate the clause 12.2. The Company may claim Users the amount corresponding to such profit in the case Users obtain any profit by the above-mentioned conducts.
- Attribution of the rights on contents posted to our Service
14.1 Copyrights or other intellectual property rights on contents posted to our Service shall attribute to Users.
14.2 Users may post or edit information to our Service if only they own copyrights or other intellectual property rights or if only they are legally allowed to do so with necessary consent from those who own such rights.
14.3 The Company may use contents posted to the Service for free of charge after we take procedures we consider appropriate as long as such use is needed in order to provide the Service or to establish, improve or maintain our system.
- Handling of Users’ information
15.2 The Company may, at its discretion, use or open to public the information or data provided by Users after altering them into statistical information or other forms of information which do not specify an individual user.
- Alteration of the AUP
The Company may alter the AUP. The Company will post the altered AUP on the website or applications operated by the Company. The alteration of the AUP shall become effective when it is posted on our website or applications. Users are deemed to have given consent to alterations when Users use the Service after the public notification.
- Notification and contact
When the Company notifies or contacts Users regrading inquiries and responses on the Service or alterations of the AUP, the Company may use measures that the Company considers appropriate.
18.1 Users shall not assign, transfer any of his/her contractual status, rights, interests or obligations under this AUP to any third party, or shall not conduct any kind of disposition of the same without prior written consent of the Company.
18.2 In the case the Company transfers the Service to other companies (including business transfer, mergers, acquisitions and company split and such like, but not limited to these), the Company may transfer Users’ contractual status, rights, interests or obligations under this AUP, and Users’ registered personal information or other information to such an assignee following such business transfer. Users shall be considered to have given prior consent to such transfer under this clause.
If any provision of this AUP is subsequently held invalid or unenforceable by being inconsistent with the Consumer Contract Act or any other laws and regulations, such invalidity or unenforceability shall in no way affect the validity or enforceability of any other provisions thereof.
This Agreement is made in Japanese and translated into English. The Japanese text is the original and the English text is for reference purposes. If there is any conflict or inconsistency between these two texts, the Japanese text shall prevail.
- Governing law and jurisdiction
This AUP shall be governed and construed in validity, interpretation and enforcement subject to the laws of Japan. Conflicts that arise related to the Service or the AUP will be governed under the exclusive jurisdiction of the Tokyo District Court for its first instance.
Established on August 20th, 2020