Terms of Use

These terms of use (hereinafter referred to as the “Terms”) stipulates the terms and conditions of a service (hereinafter referred to as the “Service”) provided by KikkoApps Pte.Ltd. (hereinafter referred to as “Company”) to registered users for the Service (hereinafter referred to as “User” or “Users”) through an application for smartphone called “Hangboard Craft” (hereinafter referred to as the “Application”).

 

Users are required to use the Service in accordance with the provisions of the Terms.

 

Article 1. Scope of Application

The Terms shall be applied to any and all relations between Company and Users.

 

Article 2. Consent to Terms of Use

1. Any User shall use the Service in accordance with the provisions of the Terms.

 

2. User who actually uses the Service shall be deemed to have agreed to the Terms and  Privacy Policy which is published in the app (hereinafter referred to as the “Privacy Policy”) separately stipulated by Company.

 

Article 3. Management of account data

1. User shall manage his/her account for the Service under his/her own responsibility.

 

2. User may share his/her account with other Users with whom such User desires to share data.

 

3. User shall strictly manage the data provided by the Application under his/her own responsibility or under the responsibility of other Users for such sharing.

 

4. Company may delete or remove any account of User who has not accessed the Service for one 1 year or more after his/her last access, without giving prior notice to such User.

 

Article 4. Use of Information relating to Service

1. Company shall handle any and all personal information acquired from User (hereinafter referred to as the “Personal Information”) in providing the Service to such User, in accordance with the Privacy Policy separately stipulated by Company.

 

2. Company may distribute to User any advertisement, or any introduction or guide relating to its services, etc. on the basis of the basic information.

 

3. The Service collects the following specific information (hereinafter collectively referred to as the “Specific Information”) from the terminal of User and transmits such information to the servers designated by Company.

 

(1) Nickname and/or account id

(2) Public profile picture;

(3) e-mail;

 

4. The Specific Information shall be retained by Company or by its contractor or outsource and be used for improvement of the Service or for any other services provided by Company.

 

5. The Specific Information shall be provided to other Users with whom User shares the information.

 

6. Company may disclose the statistical information by using the Specific Information of User to any third party, after processing such information in a way that prevents an individual User from being identified.

 

Article 5. Prohibited Matters

Users shall not perform any of the following acts in using the Service.

 

(1) Breach of laws and regulations, or act contrary to public order and morals;

(2) Act in relation to any criminal act;

(3) Destruction of or interference with any function of the servers or networks of Company;

(4) Act which may interfere with the operation of the Service;

(5) Collection or storage of the Personal Information, etc. of any other User;

(6) Act of pretending to be any other User or spoofing;

(7) Act of directly or indirectly giving any favor or profit to any antisocial forces in connection with the Service;

(8) Any other act which Company considers inappropriate.

Article 6. Suspension, etc. of Provision of Service

1. If Company considers that any of the following events arises, Company may stop or suspend the provision of all or any part of the Service, without giving prior notice to Users.

 

(1) If Company maintains, inspects or renews, updates or replaces any computer system relating to the Service;

(2) If Company has any difficulty in providing the Service to Users, due to any force majeure such as earthquake, lightning strike, fire, power outage or natural disaster;

(3) If any computer or communication line, etc. for the Service suspends due to any accident;

(4) If Company considers that it has any difficulty in providing the Service due to any other reason.

2. Company shall not be liable for any detriment or damage incurred by User or any third party arising from any stoppage or suspension of provision of the Service, for any reason.

 

Article 7. Restrictions on Use and Cancellation of Registration

1. In any of the following cases, Company may restrict the use of all or any part of the Service by User or cancel the registration of User for the Service, without giving prior notice to such User.

 

(1) If User breaches any provision of the Terms;

(2) If any false information is found in the registration information of User;

(3) If Company considers that the use of the Service by User is inappropriate for any reason.

2. Company shall not be liable for any damage incurred by User arising from any act performed by Company on the basis of this article.

 

Article 8. Disclaimer

1. Company shall not be liable for any transaction, communication or dispute, etc. arising between User and other Users or any third party in relation to the Service.

 

2. The Service shall be provided to Users on an “as is” basis, without warranties or representations of any kind either expressed or implied. To the maximum extent permitted by laws, Company disclaims any and all warranties of satisfactory quality and fitness for particular purpose in relation to the Service and does not warrant that the content of or the information displayed in the Service does not infringe on the rights of any third party.

 

3. Company uses reasonable efforts to ensure that the Service is free from computer viruses, etc. However, since such viruses, etc. are evolving day by day, there exists no perfect security measure against them. Therefore, Company shall not be liable to Users for any damage caused by the infection of such viruses, etc. as a result of downloading, installing or using the Application, unless otherwise required by laws.

 

Article 9. Change, etc. of Content of Service

Company may change or alter the content of the Service, or stop or suspend the provision of the Service without giving notice to User. Company shall not be liable for any damage incurred by User or any third party arising from such change, alteration, stoppage or suspension.

 

Article 10. Alteration of Terms of Use

Company may, at any time, at its own discretion, alter, change or modify any provision of the Terms without giving notice to Users, as needed.

 

Article 11. Notice or Communication

Any notice, communication or contact between User and Company shall be given or conducted in accordance with the methods designated by Company.

 

Article 12. No Assignment of Rights and Obligations

User may not assign, transfer or offer as collateral to any third party, his/her contractual status or any right or obligation under the Terms, without obtaining prior written approval of Company.

 

Article 13. Privacy

Company shall appropriately handle any and all privacy information and Personal Information of Users in accordance with the Privacy Policy.

 

Article 14. Damages

1. If Company incurs any damage arising from any reason attributable to User in relation to the use of the Service or the Terms, such User shall compensate Company for such damage.

 

2. In no event shall Company be liable to Users for any damages (including but not limited to any indirect, incidental, consequential, special or punitive damages) arising out of or in relation to or in connection with the Terms or the use of the Service.

 

Article 15. Severability

Even if any provision of the Terms is held illegal, invalid or unenforceable by any court which has competent jurisdiction, the remaining provisions of the Term shall not be affected by such illegal, invalid or unenforceable provision and shall continue in full force and effect.

 

Article 16. Governing Law and Jurisdiction

1. The Terms shall be governed by and construed in accordance with the laws of Japan.

 

2. Any and all disputes which may arise out of or in relation to or in connection with the Service or the Terms shall be subject to the exclusive competent jurisdiction of the court having jurisdiction over the location of head office of Company.

 

Date of establishment: February 20, 2024