Terms of Service

Terms of Service

These Terms of Service (hereinafter "Terms") govern the conditions of use for the mobile application "PhotoTrail" (hereinafter "Application") provided by Akira Kawata (hereinafter "Developer"). By downloading or using the Application, users are deemed to have agreed to these Terms.

0. Acknowledgement

Users acknowledge that this agreement is between the Developer and the users only, and not with Apple. The Developer is solely responsible for the Application and its content. Apple is not a party to these Terms and has no obligation regarding the Application.

1. Scope of Application

1. Scope of Application

These Terms apply to all conditions for users to use the Application. For information about the Application's features, usage methods, and related information, please refer to the in-app descriptions provided separately.

2. Target Users

The Application is intended for individuals aged 13 and above. Individuals under 13 must use the Application with parental consent.

3. License to Use

The Developer grants users a non-exclusive, non-transferable license to use the Application. Users must comply with the following matters.

• The Application may be used only for personal and non-commercial purposes.
• Users must not copy, modify, reverse engineer, decompile, or disassemble any part of the Application.
• Users must not lend, resell, redistribute, or sub-license the Application or any part thereof to any third party.
• Users must not remove any copyright notices, trademark notices, or other proprietary notices from any part of the Application.
• When transferring or selling devices, users must delete the Application.

4. Prohibited Acts

Users must not engage in the following acts when using the Application.

• Acts that violate laws and regulations or public order and morals
• Acts that infringe on third-party rights (including copyright, trademark rights, privacy rights, etc.)
• Acts that cause defamation, insult, or other damage to the reputation of third parties
• Acts that cause annoyance, harassment, or other discomfort to third parties
• Spam, fraud, phishing, or other fraudulent acts
• Acts that interfere with the normal operation of the Application (unauthorized access, excessive access, etc.)
• Other acts deemed inappropriate by the Developer

5. Privacy

Users must comply with the Privacy Policy regarding the handling of their personal information. Users must review the Privacy Policy before using the Application.

7. Legal Compliance

Users must represent and warrant that (i) they are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) they are not listed on any U.S. Government list of prohibited or restricted parties.

8. Intellectual Property Rights

The copyright, trademarks, and other intellectual property rights of the Application and all content contained therein (including but not limited to text, images, logos, designs, and program code) belong to the Developer or its licensors. Users do not acquire any intellectual property rights except for those explicitly granted under these Terms.

7. Advertisement Display

The Application may display banner advertisements via Google AdMob. For details about ad delivery and distribution, please refer to Google's privacy policy. Ad display may be changed without notice from the Developer.

8. No Warranty

The Application is provided "AS IS". The Developer makes no warranties of any kind, whether express or implied, regarding the Application. Specifically, the Developer does not warrant the following matters.

• That the Application will meet users' requirements
• That the Application will operate without interruption or error
• That the information contained in the Application is accurate, reliable, or complete
• That bugs or defects in the Application will be corrected

9. Limitation of Liability

The Developer shall not be liable for any damages (including but not limited to direct damages, indirect damages, lost profits, or data loss) arising from the use of the Application. However, this does not include damages caused by the gross negligence or willful misconduct of the Developer or its agents.

Except in cases of willful misconduct or gross negligence by the Company or the Developer, the maximum liability of the Company for damages related to this service shall be limited to the total amount of usage fees paid by the user for this service in the past three months (1,000 yen if the amount is less than 1,000 yen). Note that this application is provided free of charge, so this maximum amount is typically 0 yen.

10. Service Changes and Termination

The Developer reserves the right to change, suspend, or terminate the Application or any part thereof at any time without prior notice to users. The Developer shall not be liable for any damages caused to users by the termination or change of the Application.

11. Changes to Terms

The Developer reserves the right to modify these Terms at any time if deemed necessary. The revised Terms shall become effective when posted on the Application or a dedicated website. Users are deemed to have agreed to the revised Terms by continuing to use the Application after changes. The Developer may notify users of important changes via in-app notifications, etc.

13. Third Party Beneficiary

Users acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of these Terms, and that, upon users' acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against users as a third party beneficiary thereof.

14. Governing Law and Jurisdiction

These Terms shall be governed by Japanese law and interpreted in accordance with Japanese law. For any disputes related to the Application, the Tokyo District Court shall be the exclusive court of first instance with jurisdiction.

13. Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall continue to be valid. Invalid provisions shall be amended to the extent possible to align with the intent of these Terms.

15. Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall continue to be valid. Invalid provisions shall be amended to the extent possible to align with the intent of these Terms.

16. Contact Information

If you have any questions or requests regarding these Terms or the Application, please contact us using the information below.

These Terms of Service are effective as of March 19, 2024.