Aokumo Inc. | Aokumo 株式会社

TERMS AND CONDITIONS

Last updated: July 31, 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation

The words of which the initial letter is capitalized have meanings defined under these terms (defined below). The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

DEFINITIONS

For the purposes of these Terms and Conditions:

  1. “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities that entitles such owner for election of directors or other managing authority.
  2. “Country” means Japan.
  3. “Company” means Aokumo Inc. (herein referred to as either "the Company", "We", "Us" or "Our"), having its official address as 1-11-1 Marunouchi, 13F Pacific Century Place Marunouchi, Chiyoda-ku Tokyo, 100-6208, Japan.
  4. “Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  5. “Service” means Website (defined below) and services, media or information offered on the Website.
  6. “Terms and Conditions” (also referred to as "Terms") mean the provisions contained herein that form the entire agreement between You and the Company regarding the use of the Service.
  7. “Third-party Social Media Service” means any services or content, including data, information, products or services, provided by a third-party that may be displayed, included or made available by the Service.
  8. “Website” means aokumo.io, accessible from https://www.aokumo.io/
  9. “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

You acknowledge that:

  1. These are the Terms and Conditions governing the use of this Service and that operates as an agreement between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding their use or access of the Service.
  2. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
  3. You shall not harm or attempt to harm the Service or the Website in any way, including, but not limited to, disrupting the Service, breaching its security infrastructure, unauthorized access of its secure servers, and attacking its computer or electronic resources through malware, spyware or any other harmful computer program.
  4. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may and should not access the Service.
  5. You represent that you are over the age of 18 years. The Company does not permit those under 18 to use the Service.
  6. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service. Our Privacy Policy can at https://www.aokumo.io/privacy-policy

INTELLECTUAL PROPERTY

  1. The Service and its original content, features, and functionality are and will remain the exclusive property of the Company and its licensors.
  2. The Services is protected by copyright, trademark, and other laws of both the Country and any territory outside the Country from where You are accessing or using the Service, as applicable.
  3. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
  4. Company or Product names, logos, and trademarks, if used by the Service, are copyrights of their respective companies.

YOUR FEEDBACK TO US

  1. You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction. 
  2. Acceptance, rejection, deletion, modification of Your Feedback is the sole discretion of the Company and Your Feedback shall not give You any right, title or interest in the functionality of the Service.

LINKS TO OTHER WEBSITES

  1. Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
  2. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
  3. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

TERMINATION

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

LIMITATION OF LIABILITY

  1. Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
  2. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
  3. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by applicable law.

"AS IS" AND "AS AVAILABLE" DISCLAIMER

  1. The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
  2. Without limiting the foregoing the Company does not make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
  3. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

SEVERABILITY

The laws of the Country, excluding its conflicts of laws, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

WAIVER

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.