Terms of Service

This English text is a reference translation provided for convenience. The Japanese version is the authoritative original, and in the event of any discrepancy between the Japanese and English versions, the Japanese version shall prevail.

These Terms of Service (the "Terms") set out the conditions under which One Point Five, inc. (the "Operator", "we" or "us"), the operator of the iOS application "Dameter" (the "App"), provides the App to users. By using the App, the user is deemed to have agreed to the contents of these Terms.

Article 1 (Scope of Application)

1. These Terms shall apply to all relationships relating to the use of the App.
2. Individual provisions and guidelines separately established by us within the App, on a website designated by us or by other means shall constitute part of these Terms. In the event of any conflict between the provisions of these Terms and those of any individual provisions, the individual provisions shall prevail unless otherwise stipulated.
3. The App is distributed through the App Store operated by Apple Inc., and the license to the software of the App is governed by Apple's standard Licensed Application End User License Agreement. These Terms supplement that license agreement and set out the conditions of use of the Service between us and Users. Apple has no obligation whatsoever to furnish maintenance or support for the App, to provide any warranty with respect to the App, or in relation to any claim arising from the App.

Article 2 (Definitions)

The definitions of terms used in these Terms are as follows.

1. "Service" means all functions and services provided by us in the App.
2. "User" means any person who uses the App or the Service, having agreed to these Terms.
3. "Account" means the information required to use the Service and used to identify a User.
4. "Content" means all information displayed in the App or sent and received through the Service, including text and images.
5. "User-Generated Content" means Content that a User creates, sets or registers within the App, including nicknames and other information displayed to other Users.

Article 3 (Eligibility and Accounts)

1. A minor who uses the Service shall first obtain the consent of a parent or legal guardian. A child under the age of 13 shall use the Service under the supervision of a guardian. Where a minor uses the Service, we shall deem that such use is with the consent of a guardian.
2. Some functions of the Service become available upon a User registering an Account.
3. Users shall manage their Accounts at their own responsibility and shall not allow any third party to use them, nor transfer, lend, sell, pledge, provide as security or otherwise dispose of them.
4. We shall bear no liability whatsoever for any damage incurred by a User or a third party arising from inadequate management of an Account, errors in its use, use by a third party or similar causes.
5. Users may delete their Account at any time using the "Delete account" function provided on the Settings screen of the App. Upon deletion of an Account, the Account identifier, the score history and Free Dara P stored on the device, and the nickname, scores and group membership information stored on servers through the ranking function and similar features are deleted and cannot be restored. Paid Dara P, dress-up items and entitlements under the Subscription (as defined in Article 8) are not subject to deletion and continue to be retained under the same Apple Account.
6. Where we suspend or terminate a User's use of the Service under Article 5, that User may not use Dara P or other in-app assets during the period of suspension or after termination. The treatment of any unused balance of Paid Dara P held by that User shall be governed by Article 7, Paragraphs 6 and 8.

Article 4 (Prohibited Acts)

In using the Service, Users shall not engage in any of the acts listed below, or in any act that risks falling under them.

1. Acts that violate laws and regulations or public order and morals
2. Acts related to criminal conduct
3. Acts that infringe the intellectual property rights, portrait rights, privacy, reputation or other rights or interests of us or any third party
4. Acts that interfere with the operation of the App or the Service
5. Reverse engineering, decompiling, disassembling or modifying the App, or engaging in any similar act
6. Discovering, exploiting or publishing vulnerabilities in the App
7. Unauthorized access, improper acquisition of IDs or passwords, or other similar acts
8. Acts that manipulate by improper means, or impair the display of, the scores, rankings or other displays of the App
9. Acts that abuse the sharing function or other functions of the App to defame or insult a third party
10. Acts of setting or posting the following content as a nickname or other User-Generated Content
    1. Content that defames, insults or threatens a third party
    2. Content that promotes or expresses discrimination on the basis of race, ethnicity, nationality, creed, sex, sexual orientation, gender identity, age, physical characteristics, occupation, illness, disability or any other ground
    3. Sexual, obscene or explicit content
    4. Content that promotes or induces violence, suicide or self-harm
    5. Content that promotes or induces illegal drugs or other illegal acts
    6. Content impersonating us, the characters of the App, third-party businesses, operators or public figures
    7. Content that sexualizes minors or relates to the sexual exploitation of children
    8. Commercial solicitation, advertising, spam, phishing, fraud or other similar content
    9. Contact details, referrals to external services, URLs or other similar information
    10. Any other content that we deem inappropriate
11. Using the Service for commercial purposes (except where approved in advance by us in writing)
12. Any other act that we deem inappropriate

Article 5 (User-Generated Content)

1. Where a User sets a nickname or other User-Generated Content in the App, the User shall comply with the prohibited acts set out in the preceding Article.
2. Nicknames and other User-Generated Content set by a User may be displayed to other Users through the ranking function and other functions of the App. Users shall set User-Generated Content at their own responsibility, having agreed to this.
3. Where a User determines that another User's User-Generated Content falls under the prohibited acts set out in the preceding Article, the User may report it to us through the reporting function provided within the App.
4. Users may exclude other Users' User-Generated Content from their own display through the blocking function provided within the App.
5. Where we receive a report from a User, we shall review the content of the relevant User-Generated Content within 24 hours of receiving that report and, where we determine that it falls under the prohibited acts set out in the preceding Article, we may at our discretion take all or part of the measures listed in the following items.
   1. Hiding or deleting the relevant User-Generated Content
   2. Issuing a warning to the User who set the relevant User-Generated Content
   3. Suspending or terminating that User's use of the Service
   4. Any other measure we deem necessary
6. In addition to the preceding paragraph, we may monitor User-Generated Content set by Users without prior notice to Users and hide or delete anything we determine falls under the prohibited acts set out in the preceding Article.
7. We shall bear no liability for any damage incurred by a User as a result of taking the measures set out in this Article.

Article 6 (Intellectual Property Rights)

1. All copyrights, trademark rights, patent rights and other intellectual property rights relating to the App and the Service belong to us or to the third parties holding such rights.
2. Users may make private, non-commercial use of the App and the Service, only within the scope set out in these Terms.
3. All rights relating to "Namataro", the character of the App, and other original elements belong to us. Users shall not reproduce, modify, distribute or otherwise use these in any manner that infringes our rights without our prior written consent.
4. A User sharing images generated through the sharing function of the App on social media or other services within a non-commercial and private scope shall be deemed private, non-commercial use as permitted under Paragraph 2 of this Article.

Article 7 (Paid Services and the In-App Points "Dara P")

1. "Dara P" means virtual points usable only within the App, which may be used to obtain items within the App and for other uses established by us. Dara P may be granted free of charge through use of the App ("Free Dara P") or purchased by a User for consideration ("Paid Dara P").
2. Paid Dara P may be purchased only through in-app purchase (consumable) provided by Apple Inc., and its price, payment method and payment timing shall be as displayed within the App at the time of purchase and as established by Apple. Details of purchases are set out in the Specified Commercial Transactions Act Notice (published within the App).
3. Dara P are points exclusively for use within the App and cannot be exchanged for legal tender, crypto assets, other property value or points of other services, converted into cash, or transferred to any third party.
4. When Dara P are used, Free Dara P shall be consumed first. We record and synchronize Dara P balances through the User's device and cloud services designated by us; however, reflection of the balance may be delayed or temporarily inconsistent due to communication conditions, device malfunctions or other causes.
5. No expiration period is set for "Dara P". Granted "Dara P" shall not lapse, whether Paid Dara P or Free Dara P.
6. Dara P (including Free Dara P and Paid Dara P) shall not be refunded except as provided by the Payment Services Act or other laws and regulations. Refunds of amounts paid for the purchase of Paid Dara P shall be claimed through the procedures established by Apple (Apple Support or "Report a Problem"), and whether a refund is granted shall be determined by Apple. We are unable to provide refunds directly to Users.
7. In order to protect minor Users, we may set a monthly purchase limit on Paid Dara P according to the age bracket self-declared by the User. Users shall purchase Paid Dara P only after obtaining the consent of a guardian and completing any other necessary procedures.
8. Where we terminate all or part of the Service, or terminate functions relating to Dara P, we shall handle unused balances in accordance with the Payment Services Act and other applicable laws and regulations, as separately established by us.

Article 8 (Auto-Renewable Subscriptions)

1. We may provide an auto-renewing subscription that Users may join at their option (the "Subscription"). The Subscription is provided through the Auto-Renewable Subscription offering provided by Apple Inc.
2. The name, contents, price and billing cycle of the Subscription shall be as displayed within the App at the time of purchase. Details of the Subscription are set out in the Specified Commercial Transactions Act Notice (published within the App).
3. Unless the User cancels auto-renewal at least 24 hours before the end of the current period, the Subscription will automatically renew on the same conditions, and the User's Apple Account will be charged at each renewal.
4. Users may cancel auto-renewal of the Subscription at any time from the subscription management screen for their Apple Account in the device "Settings" app, or from the cancellation path provided within the App. Cancellation takes effect for subsequent renewals where the procedure is completed at least 24 hours before the next renewal date.
5. Fees for the Subscription are not refunded for periods that have already elapsed, regardless of cancellation. Article 7, Paragraph 6 shall apply mutatis mutandis to refunds, which shall accordingly be claimed through the procedures established by Apple.
6. The contents provided under the Subscription may be changed or terminated in accordance with Article 12 due to changes in the specifications of the App or other causes we deem necessary. Where the Subscription is cancelled or its provision is terminated, the contents provided incidentally to that subscription (including the hiding of advertisements within the App) will no longer be provided.

Article 9 (Advertising)

1. In order to cover the costs of providing the Service, we may display third-party advertisements within the App. The handling of information in connection with the display of advertisements is set out in the Privacy Policy.
2. Rewarded advertisements within the App (advertisements whose viewing grants a benefit within the App) are viewed at the User's discretion, and the functions of the Service available free of charge may be used without viewing them.
3. Advertisers are responsible for the content of their advertisements and for the products, services and websites they provide. We do not warrant the accuracy, legality or usefulness of such content, and we bear no liability for any transaction or other relationship between a User and an advertiser.
4. No advertisements are displayed within the App while the User is subscribed to the Subscription. Upon cancellation or termination of the Subscription, the display of advertisements resumes.

Article 10 (Handling of User Information)

We handle Users' information obtained in connection with use of the Service in accordance with the Privacy Policy separately established by us. Users shall review the contents of the Privacy Policy when using the Service.

Article 11 (Disclaimer)

1. The App is intended as entertainment built around self-deprecating humor and is not intended for medical purposes, health guidance or fitness instruction. All scores, ranks, diary entries, notifications, character dialogue and any other displays presented by the App are for entertainment purposes only and do not evaluate a User's health condition, lifestyle habits or any other matter.
2. We make no warranty whatsoever, whether express or implied, as to the accuracy, completeness, usefulness or fitness for a particular purpose of the contents, functions or displayed data of the App, that they do not infringe the rights of third parties, or that they will be provided continuously.
3. We shall bear no liability, to the maximum extent permitted by law, for any damage incurred by a User arising from use of or inability to use the App (including loss of data, loss of opportunity and emotional distress).
4. The App is provided in reliance on HealthKit, Family Controls and other operating system APIs provided by Apple Inc., as well as Firebase and other third-party services provided by Google LLC. All or part of the functions of the App may be restricted or may become unavailable due to changes in the specifications, defects, suspension or other causes affecting those APIs or services. We shall bear no liability for any damage incurred by a User due to such causes.
5. Notwithstanding any other provision of these Terms, where our liability cannot be excluded under the Consumer Contract Act of Japan or other applicable law, our liability to a User for damages shall, except in cases of our willful misconduct or gross negligence, be limited to ordinary and direct damages and shall not exceed the total amount paid by the User to us in connection with the Service (including amounts paid through Apple) during the 12 months immediately preceding the date on which the event giving rise to the damage occurred.

Article 12 (Changes, Suspension and Termination of the Service)

1. We may change the contents of the Service and add or remove functions without prior notice to Users.
2. We may temporarily suspend the provision of all or part of the Service without prior notice to Users where necessary for system maintenance, fault response or other reasons we deem necessary.
3. We may terminate the provision of all or part of the Service upon prior notice to Users.
4. We shall bear no liability for any damage incurred by a User due to changes, suspension or termination of the Service under this Article.

Article 13 (Governing Law and Jurisdiction)

1. The interpretation and application of these Terms shall be governed by the laws of Japan.
2. In the event of a dispute between us and a User in connection with the Service, the Tokyo District Court shall be the exclusive agreed court of first instance.
3. The preceding two paragraphs do not limit any protection afforded to a User under the mandatory consumer protection laws of the country or region in which the User resides, including the right to bring proceedings before the courts of the User's place of residence.

Article 14 (Changes to These Terms)

We may change these Terms where we deem it necessary, in accordance with Article 548-4 of the Civil Code of Japan. The revised Terms shall take effect from the time we post them in the App or on a website designated by us, and where a User uses the Service after such posting, the User shall be deemed to have agreed to the revised Terms. However, where a change materially affects Users, such as by restricting Users' rights or imposing new obligations on Users, we will notify Users of the contents of the change and its effective date by means of a notice within the App before the change takes effect. The date of the last update to these Terms is shown at the top of this page.

Article 15 (Contact)

For inquiries regarding these Terms, please contact us at the following.

Business name: One Point Five, inc.

Email address: namataro@dameter.app

The address of the business will be disclosed without delay by email upon request.