Introduction

These Terms of Use apply to the Pal app (hereinafter referred to as the “App”), a mobile device application created by Toshimitsu Kugimoto (hereinafter referred to as the “Service Provider”) as a free service.

Consent to These Terms

Users can use the Service and the App only after agreeing to these Terms of Use.

When a user downloads the Service to their smartphone or other information terminal and agrees to these Terms, a usage contract in accordance with the provisions of these Terms is established between the user and us.

If the user is a minor, please use the Service only after obtaining the consent of a parent or other legal guardian.

If a minor user pretends to have consent from their legal guardian or pretends to be of legal age without such consent and uses the Service, or uses deceit to make us believe they are legally capable, any legal acts related to the Service cannot be revoked.

If a user who was a minor at the time of agreeing to these Terms uses the Service after reaching the age of majority, they are deemed to have ratified all legal acts related to the Service.

Copyright and Other Rights

Reproducing or modifying the App or any part of it without permission is strictly prohibited. Attempting to extract the source code of the App, translate it into other languages, or create derivative versions is also prohibited. All trademarks, copyrights, database rights, and other intellectual property rights related to the App belong to the Service Provider.

Security

The App stores and processes personal data provided to deliver the Service. It is the user’s responsibility to maintain access and security of their device. We strongly advise against jailbreaking or rooting your phone, which involves removing software restrictions and limitations imposed by the official operating system. Such actions could expose the phone to malware, viruses, and malicious programs, compromise the phone’s security features, and cause the App to malfunction or not function at all.

Third-Party Services

The App uses third-party services that have their own terms of use. Below are links to the terms of use of third-party service providers used in the App:

• Google Advertising Policies
• Google Privacy Policy
• Google Analytics for Firebase
• Gemini API Terms of Use

Prohibited Activities

When using the Service, we prohibit users from engaging in the following activities. If we determine that a user has violated the prohibitions, we may take measures deemed necessary, including temporarily suspending usage, terminating membership, or other actions.

1. Infringing on the intellectual property rights of us or third parties

2. Damaging the reputation or credibility of us or third parties, or unjustly discriminating against or slandering us or third parties

3. Infringing on the property of us or third parties, or actions that may potentially do so

4. Causing economic damage to us or third parties

5. Threatening actions towards us or third parties

6. Using or inducing the use of computer viruses or harmful programs

7. Placing excessive stress on infrastructure facilities used for the Service

8. Attacking our servers, systems, or security

9. Attempting to access our services through means other than those provided by us

10. Any other actions that we deem inappropriate

Fees

The Service Provider is committed to ensuring the App is as useful and efficient as possible. Therefore, we reserve the right to revise the App or charge for its services at any time and for any reason. If fees are incurred for the App or its services, we will clearly notify users.

Disclaimer

We shall not be liable for any changes, interruptions, terminations, or unavailability of the Service, loss of data due to the use of the App, machine failure or damage, monetary loss, or any other damages incurred by users in relation to the App.

The output generated by the AI in the App is based on AI models and includes subjective opinions. It is for reference only and may not always be accurate.

The App is an auxiliary tool for writing diaries and is not a substitute for medical or psychological treatment. Before taking any actions based on the information generated by the App, we recommend consulting a professional.

We are not responsible for the user’s environment for using the Service and bear no responsibility. Some features of the App require an active internet connection provided by Wi-Fi or a mobile network provider. We are not responsible if the App does not fully function without Wi-Fi or if data limits are exceeded. If you use the App outside of a Wi-Fi area, the terms of your mobile network provider’s contract apply, including data roaming charges if applicable.

We do not guarantee that the Service will be suitable for a user’s specific purpose, have expected functions, product value, accuracy, or usefulness, comply with applicable laws or internal rules of industry groups, or be free of defects.

We do not guarantee that the Service is compatible with all information terminals and acknowledge that the operation may be impaired by OS updates of the terminals used. We do not guarantee that any issues will be resolved by program corrections.

Users acknowledge that usage of some or all of the Service may be restricted due to changes in terms of use or operational policies of service stores like AppStore and GooglePlay.

We shall not be liable for any damages incurred by users directly or indirectly due to the use of the Service.

We shall not be liable for any damages (including indirect damages and lost profits) caused by loss of opportunity, business interruption, or any other damages incurred by users or third parties, even if we were advised of the possibility of such damages in advance.

The provisions of this section shall not apply if we have willful misconduct or gross negligence, or if the contract is a consumer contract under the Consumer Contract Act.

Even if the preceding paragraph applies, we shall not be liable for special damages incurred due to negligence (excluding gross negligence).

If we are liable for damages in connection with the use of the Service, our liability is limited to the amount received from the user in the month the damage occurred.

We shall not be liable for any disputes or troubles between users and third parties. Users shall resolve any such issues on their own and shall not make any claims against us.

If a user causes damage to a third party in connection with the use of the Service or causes a dispute, the user shall resolve it at their own expense and responsibility, and shall not cause any inconvenience or damage to us.

If we receive a claim for damages from a third party due to a user’s actions, the user shall resolve it at their own expense and responsibility. If we pay damages to the third party, the user shall reimburse us for all costs (including attorney fees and lost profits).

If a user causes damage to us in connection with the use of the Service, the user shall compensate us for the damage at their own expense and responsibility (including litigation and attorney fees).

Future Updates of the App

The Service Provider may update the App in the future. The App is currently available on the basis of the operating system requirements. If we decide to expand to other systems, the same will apply. To continue using the App, you must download updates. The Service Provider does not guarantee that the App will always be relevant or compatible with specific OS versions. However, you agree to always accept updates when provided. The Service Provider reserves the right to stop providing the App and terminate its use without notice. Upon termination, unless otherwise notified, (a) the rights and licenses granted to you will terminate, and (b) you must stop using the App and delete it from your device if necessary.

Advertising

Users understand and agree that the Service may include advertisements. The form and extent of advertising on the Service may change from time to time at our discretion.

Prohibition of Assignment of Rights

Users may not assign their status, rights, or obligations under these Terms to third parties without our prior written consent.

We may transfer all or part of the Service to a third party at our discretion, in which case all rights related to the Service, including user accounts, will be transferred to the transferee.

Severability

Even if any provision of these Terms or a part thereof is judged to be invalid or unenforceable under the Consumer Contract Act or other laws, the remaining provisions and the remaining parts of the provisions judged to be invalid or unenforceable will continue to be in full effect.

Governing Law and Jurisdiction

The validity, interpretation, and performance of these Terms shall be governed by and construed in accordance with Japanese law.

All disputes between us and users regarding the Service shall be subject to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court, depending on the amount of the claim.

Changes to Terms of Use

The Service Provider may periodically update these Terms of Use. Therefore, we recommend checking this page regularly. We will notify users of any changes to these Terms by posting the new Terms on this page.

These Terms of Use are effective as of July 18, 2024.

Contact Us

If you have any questions or suggestions about these Terms of Use, please contact the Service Provider at palapp.earth@gmail.com.