DonaChat Terms of Use

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DonaChat Terms of Use

This Terms of Use document is a translation of the Japanese terms of use. Please note that the content of this translation is provided for reference purposes only, and the authoritative source is the content listed at https://inbound.gflops-ai.com/donachat/terms-conditions.

These Terms of Use apply to the use of "DonaChat" provided by GFLOPS Inc. (hereafter referred to as "the Company"). Please read these terms carefully and agree to them before using the service.

Article 1 (Application of the Terms)

These Terms govern the conditions under which users receive services provided by the Company.
In addition to these Terms, the Company may establish specific agreements and other guidelines concerning the use of the service. In such cases, these specific agreements and guidelines will take precedence and form part of these Terms.
By using the service, users are deemed to have agreed to these Terms.
If the user is a minor, they must obtain consent from a parent or legal guardian. The Company assumes that the service's use by minors is conducted with such consent.

Article 2 (User Registration)

Users can register by providing necessary information in the manner specified by the Company.
Users must provide accurate and up-to-date information to the Company.
Should there be any changes to the registration details, users must promptly notify the Company.
The Company is not liable for any damages or disadvantages incurred by users due to inaccurate or false registration details or failure to notify changes.

Article 3 (ID and Password Management)

When a user registers, the Company will issue an ID and password.
Users must manage and store their ID and password securely and must not lend, transfer, sell, or otherwise allow third parties to use them. The Company is not liable for any damages or disadvantages suffered by users due to inadequate management of the ID or password.
If an ID or password is lost or forgotten, or if it is found to be used by a third party, the user must immediately notify the Company.
The Company will consider all activities conducted with the issued ID and password as the user's actions, regardless of the actual usage, and the user will be responsible for all results of such actions.

Article 4 (Purchase or Use of Products or Services)

Users intending to purchase or use products, digital content, or services (hereinafter referred to as "Products, etc.") provided through the service must apply in the manner specified by the Company.
Upon application, the user must confirm the entered details and content of the application, click the button to finalize the application, and the contract for the purchase or use of the Products, etc., is established with the Company when the application is received.
Notwithstanding the provisions of this article, if there is a violation of these Terms in using the service, the Company may cancel the sales contract, claim damages, or take other measures deemed appropriate. The Company is not liable for any damages or disadvantages incurred by the user due to such measures, except in cases of intentional misconduct or gross negligence by the Company.

Article 5 (Payment Method)

Users must pay the price of the Products, etc., as displayed during the purchase process.
The payment method for the Products, etc., will be as guided during the purchase process or as otherwise approved by the Company.
In the case of payment by credit card, the user must comply with the terms agreed with their credit card company. If any disputes arise concerning the use of the credit card, the user must resolve such disputes at their own responsibility and expense.

Article 6 (Returns and Exchanges of Products, etc.)

Returns and exchanges of Products, etc., are not accepted, except in the following cases:(1) In the case of defects or flaws in the Products, etc., which must be notified to the Company within eight days of receipt by the method specified by the Company.(2) In other cases as specifically determined by the Company, as guided on the Company’s website or otherwise.
Purchases made by minors are also considered to be made under the consent of their parents or legal guardians, and thus returns and exchanges of Products, etc., are not accepted.

Article 7 (Disclaimer Regarding Products, etc.)

The Company's liability for the quality, functionality, performance, compatibility with other items, or other defects of the Products, etc., sold through the service is limited to those defined in the previous article, except in cases of intentional misconduct or gross negligence by the Company.
The Company makes no warranties regarding the legality, utility, completeness, accuracy, timeliness, reliability, or suitability for a specific purpose of the displays on the service website or of the photos and comments about the Products, etc., posted by users or comments posted on Twitter, Instagram, or other social media services.

Article 8 (Subscription)

Subscription plans are billed monthly and charges are made continuously before each subscription period.
Subscriptions automatically renew under the same conditions at the end of each period unless cancelled by the user or the Company.
If payment for a subscription is not made for any reason, the Company may immediately suspend the provision of the service to the user.
The Company may freely modify the subscription and other fees at any time. Modifications to subscription fees will apply at the renewal of the next subscription period.
The Company will provide prior notification to users to decide whether to continue the subscription before changing the subscription fees.
If the user continues to use the service after the change in subscription fees, they are deemed to have agreed to the change.
Paid subscription fees are not refundable, except as required by law.
The free trial allows registered users to trial and evaluate the service to consider whether to start using the service on a paid basis. If the monthly plan is not canceled by the end of the free trial period, billing for the monthly usage fee will start automatically without prior notice of the end of the trial. If the monthly plan is canceled during the free trial period, no monthly usage fee will be incurred.

Article 9 (Intellectual Property Rights and Content)

All intellectual property rights and other rights in the materials that make up this service belong to the Company or a third-party rights holder. Users do not acquire any rights in the materials and must not infringe on these rights without permission. The permission to use the service based on these Terms does not imply a license to use the intellectual property of the Company or third parties.

Article 10 (User Posts)

User-generated content in this service, such as posts, reviews, comments, and images, is fully accessible and viewable by an unspecified number of users of the service. The user who posts the content is fully responsible for it.
Users may not post information that:(1) is not truthful,(2) includes obscene expressions or obscene images such as nudity,(3) harms the honor or credibility of others,(4) infringes on the privacy rights, rights of publicity, copyright, or other rights of third parties,(5) contains computer viruses,(6) includes links or URLs to websites not approved by the Company,(7) the Company deems inappropriate.
Users grant the Company a free license to use user-generated content. In granting this license, users represent and warrant that:(1) they have the rightful ownership of or have obtained all necessary permissions from rightful owners to use the user-generated content related to the service,(2) the posting and use of the user-generated content by the Company does not infringe any third party's copyright, related rights, rights of publicity, or other rights.
The Company can monitor the content of user posts for the purpose of ensuring safe use of the service and for use as AI training data.
The Company may delete user posts and limit postings without prior notice to the user if the content violates these Terms or if the following conditions apply:(1) a significant period has passed since the post was made,(2) it is deemed necessary for the maintenance and management of the service,(3) the capacity of the user-generated content exceeds or is likely to exceed the set limits of the Company.
The Company is not obligated to respond to users regarding the reasons for deletion or restrictions of postings, nor is it responsible for any damage or disadvantage incurred by users due to these actions. The Company is also not obligated to delete user-generated content.
Users agree in advance to the monitoring, deletion, and restriction of user-generated content related to this article.

Article 11 (Notifications to Users)

‍The Company will periodically or irregularly send newsletters and push notifications via smartphone apps to provide users with the latest information about the services offered.

Article 12 (Changes, Additions, or Discontinuation of Service)

‍The Company may change, add to, or discontinue all or part of the service content without prior notice to users, who must agree to this in advance.

Article 13 (Personal Information)

‍The Company will handle personal information obtained through the use of the service by users in accordance with the Company's privacy policy.

Article 14 (Prohibited Actions)

Users are prohibited from:(1) engaging in activities that could obstruct the operation of the service or that might obstruct it,(2) interfering with other users' use of the service,(3) infringing on the copyrights or other rights related to the service,(4) infringing on the rights or benefits of the Company, other users, or third parties (including but not limited to rights to honor, privacy, and copyright),(5) engaging in actions that violate public order and morals or laws, or that might violate them,(6) violating these Terms,(7) engaging in other activities that the Company deems inappropriate considering the purpose of the service.
If the Company determines that a user has engaged in the actions defined in the previous paragraph, the Company may, without prior notice to the user, suspend all or part of the user's use of the service or take other measures deemed necessary and appropriate by the Company. The Company is not responsible for any damage or disadvantage incurred by the user due to these measures.

Article 15 (Exclusion of Antisocial Forces)

‍Users assure the Company that:(1) they are not members of organized crime groups, companies related to organized crime, corporate extortionists, or similar entities or members thereof (collectively referred to as "antisocial forces"),(2) their officers (employees who execute business, directors, executives, or equivalent) are not antisocial forces,(3) they do not let antisocial forces use their names to conclude contracts,(4) they themselves or through third parties will not engage in the following actions:(a) threatening behavior or violence against counterparties,(b) making demands exceeding legal responsibility,(c) using deception or force to interfere with the business of counterparties or to damage their credit.

Article 16 (Disclaimer)

The Company is not liable for any damage or disadvantage incurred by users due to natural disasters, war, acts of terrorism, riots, labor disputes, epidemics, changes in laws, government intervention, or other forces beyond control that cause suspension, interruption, or delay of the service.
Users understand that suspension, interruption, or delay of the service may occur due to communication line or computer malfunctions, system maintenance, or other reasons, and the Company is not liable for any damage or disadvantage incurred by users due to these issues. The Company is also not liable for any damage or disadvantage caused by the user's usage environment.
The Company does not explicitly or implicitly warrant that:(1) the content of the service and the information provided through the service are useful, complete, accurate, up-to-date, reliable, or suitable for a specific purpose,(2) the information provided through the service does not infringe the rights of third parties,(3) the service will continue to exist in the future.
The Company is not obligated to restore data or other content that is lost, damaged, or altered for any reason, and is not responsible for any damage or other consequences to customers or third parties due to such loss, damage, or alteration.
If the Company is liable to users in connection with the use of the service, the Company's liability for compensation shall not exceed 10,000 yen, and the Company shall not be liable for incidental, indirect, special, future damages, or lost profits.
Notwithstanding other provisions of this article, if the contract between the Company and the user regarding the service is deemed a consumer contract under the Consumer Contract Law, and if it is caused by the intentional misconduct or gross negligence of the Company, the disclaimer provisions do not apply.

Article 17 (Confidentiality)

‍Users must not disclose or leak any information disclosed by the Company or known through the use of the service to third parties, nor use it for purposes other than using the service.

Article 18 (Notifications from the Company)

When the Company notifies users, it will do so by sending an email to the registered email address, posting on the website related to the service, or by other methods deemed appropriate by the Company.
When the Company sends a notification to the email address specified in the previous paragraph, the notification is considered delivered to the user when it is recorded on the mail server of that email address.
If there is a change in the email address mentioned in the first paragraph, the user must notify the Company promptly. Notifications sent by the Company to the old email address before receiving notice of the change are considered delivered at the time of dispatch.
The Company is not liable for any damage or disadvantage incurred by the user due to the user's failure to notify the change mentioned in the previous paragraph.

Article 19 (Disputes with Third Parties)

Users must resolve any disputes arising in connection with the service between themselves and third parties at their own cost and responsibility, and the Company is not liable for any such disputes.
If the Company incurs any damage (including legal fees) related to the previous paragraph, the user must compensate the Company for such damage.

Article 20 (Prohibition of Transfer of Rights and Obligations)

‍Users may not transfer, move, create security interests, or dispose of all or part of their contractual status or the rights and obligations arising under these Terms to third parties without the prior written consent of the Company.

Article 21 (Severability)

‍If any provision of these Terms violates the laws applicable to the contract based on these Terms with the user and is deemed invalid, that provision will not apply to the contract with that user to the extent of the violation. However, this does not affect the validity of the other provisions of these Terms.

Article 22 (Amendment of the Terms)

‍If it becomes necessary to change these Terms, the Company can amend these Terms based on Article 548-4 of the Civil Code (Amendment of Standard Terms and Conditions). When changing these Terms, the Company will determine the effective date of the changes and will inform the following matters before the effective date by sending emails or by other methods:(1) The fact that these Terms are being changed,(2) The content of the changed Terms,(3) The effective date.

Article 23 (Governing Law and Jurisdiction)

These Terms are governed and interpreted in accordance with Japanese law.
The Company and the user agree in advance that the Tokyo District Court will be the exclusive court of first instance for any disputes arising in connection with the service between the Company and the user.

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