This is an English translation provided for convenience. If there is any discrepancy between this translation and the Japanese version, the Japanese version shall prevail.
The "Repitta Terms of Use" (hereinafter the "Terms") set out the conditions for using all services provided by MAKASETE, Inc. (株式会社マカセテ) (hereinafter the "Operator") (hereinafter the "Service"). By using the Service, you are deemed to have agreed to the Terms.
The Operator establishes individual terms (hereinafter the "Individual Terms") for individual services. The Individual Terms form part of the Terms regardless of their title (hereinafter, the Terms and the Individual Terms are collectively referred to as the "Terms," and where reference is made to the part of the Terms that does not include the Individual Terms, it is referred to as the "Repitta Terms of Use"). For an individual service, the Individual Terms established for that individual service apply in addition to the Repitta Terms of Use, so please also review the content of those Individual Terms.
If the provisions of the Repitta Terms of Use differ from the provisions of the Individual Terms, the provisions of the Individual Terms shall apply with priority.
If the Operator determines that there is reasonable cause, the Operator may change the Terms at any time at its own discretion, without obtaining the prior consent of Users.
Unless the Operator provides otherwise, the amended Terms shall take effect from the time they are displayed on the Service. If a User uses the Service after an amendment to the Terms has taken effect, the User is deemed to have agreed to the amended Terms.
If the Terms are newly established or amended, the Terms as established or amended shall also apply to acts performed by a User before such establishment or amendment.
Even if all or part of any provision of the Terms is held invalid under laws and regulations, the remaining part of that provision and the other provisions of the Terms shall remain valid. Even if part of the Terms is held invalid or is rescinded with respect to a particular User, the Terms shall remain valid in relation to other Users.
Even if the Operator does not exercise or enforce a right set out in the Terms, the Operator does not thereby waive that right.
The terms used in the Terms have the meanings set out in the following items.
(1) "User" means every person who uses the Service.
(2) "Registered User" means a person who completes the user registration procedure under Article 3, Paragraph 2 and uses the Service (including not only the free features but also the services provided through the paid features).
(3) "User Registration" means being registered on the Operator's servers as a user of Repitta.
(4) "Password" means the string of characters and numbers for identifying the Registered User themselves, which the Registered User registers during the registration procedure or changes after registration.
(5) "Registration Information" means the information, such as an email address and password, that a Registered User registers during the User Registration procedure.
(6) "Reported Information" means, in addition to the Registration Information, information that a Registered User reports to the Operator, such as address, name, telephone number, occupation, bank account, and credit card number.
(7) "Collected Information" means all information relating to Users that the Operator obtains, including, in addition to the Registration Information and the Reported Information, a User's IP address, usage status, history, location information, device used, and, where a credit card payment fails, that fact.
(8) "Personal Information" means information that can identify a specific User (including information that can be readily cross-referenced with other information and that thereby enables a specific User to be identified).
(9) "User Attribute Information" means the part of the Collected Information that excludes Personal Information, such as postal code, gender, occupation, age, services previously used or products previously purchased, pages and advertisements viewed, time of use, method of use, and usage environment.
A User who wishes to complete User Registration (hereinafter an "Applicant") shall agree to the Terms and complete the registration procedure prescribed by the Operator.
The Operator shall carry out the necessary review of the application details entered in accordance with the preceding paragraph and, where it accepts the Applicant's User Registration, shall register those application details as the Registration Information. If, as a result of the review of the application details, any of the following applies, the Operator may, at its discretion, decline to accept the User Registration.
(1) The Applicant is a person who has previously been subject to a measure set out in Article 15, Paragraph 1 by the Operator for having violated the Terms, or falls under or is likely to fall under any item of any paragraph of Article 14.
(2) Any other case in which the Operator determines the Applicant to be inappropriate.
Separately from the preceding paragraph, the Operator may review the application details or the Registration Information of an Applicant or a Registered User, whether before or after User Registration, and where the Operator determines that any of the following items applies, the Operator may, at its discretion, decline to accept or may cancel the User Registration.
(1) The Applicant or Registered User does not exist.
(2) The Applicant or Registered User does not have an email address capable of sending and receiving email.
(3) At the time of application, the Applicant is subject to, or has previously been subject to, a measure set out in Article 15, Paragraph 1, or falls under or is likely to fall under any item of any paragraph of Article 14.
(4) The application details or the Registration Information contain an intentionally false statement.
(5) The Applicant or Registered User is a minor, an adult ward, a person under curatorship, or a person under assistance, and the registration procedure was not carried out by a guardian, or the consent of a statutory agent, curator, or assistant was not obtained at the time of the registration procedure.
(6) Any other case in which the Operator determines that User Registration of the Applicant or Registered User is inappropriate.
Where you use the paid services that the Operator provides through the paid features of the Service, you shall comply with the separately established terms of use for the paid services.
A Registered User shall manage their email address and password at their own responsibility, and the Operator shall bear no liability whatsoever for any disadvantage or damage suffered by a Registered User because the Registration Information was inaccurate or false.
Where the Operator confirms by its prescribed method that the email address and password entered at login match the registered email address and password, the Operator shall treat that login as a login by the authentic Registered User and shall treat the use as use by that Registered User.
The Operator shall handle the Personal Information it obtains appropriately in accordance with the separately established privacy policy.
Where there is a change to the Reported Information, the Registered User shall promptly report it to the Operator through the procedure prescribed by the Operator. In the absence of such a report, the Operator shall treat the Reported Information as unchanged. Where a notice or any other communication from the Operator is delayed, fails to arrive, or is not performed because the Registered User did not report a change to the Reported Information, the Operator shall bear no liability for it. A Registered User may cancel their User Registration by carrying out the cancellation procedure specified by the Operator.
A Registered User may not assign their rights relating to the Service to a third party, create a pledge over them, or otherwise provide them as security.
Except where the Operator separately specifies otherwise, the status of a Registered User may not be sold, transferred to another name, or succeeded to.
Where the Operator determines that it is necessary to contact or notify a Registered User, it shall contact or notify them by email sent to the registered email address.
Except as otherwise provided in the Terms, a User shall contact the Operator through the inquiry form. The Operator does not accept contact by telephone or visits in person.
The Operator may deliver, to the registered email address or to a User's device, email and push notifications including information about the Service, guidance on features, campaigns, and other advertising and promotional content, and Users consent to this in advance.
A User may stop the delivery described in the preceding paragraph by the method prescribed by the Operator (such as the unsubscribe procedure described in the email or the settings within the app). Even after the unsubscribe procedure, contact or notices necessary for the provision of the Service (Article 9) may still be sent.
Where any of the following events occurs, the Operator may temporarily suspend the provision of all or part of the Service without prior notice to Users.
(1) Where regular maintenance and inspection of the communication equipment and similar facilities for providing the Service is carried out, or where an inspection must be carried out urgently.
(2) Where the Service can no longer be provided due to fire, power outage, or similar events.
(3) Where the Service can no longer be provided due to a natural disaster such as an earthquake, volcanic eruption, flood, or tsunami.
(4) Where the Service can no longer be provided due to war, civil unrest, riot, disturbance, labor dispute, or similar events.
(5) Any other case in which the Operator determines that a temporary suspension of the provision of the Service is necessary for operational or technical reasons.
Where the Operator determines it to be necessary, the Operator may change the content of the Service, or suspend or discontinue the provision of the Service, at any time without prior notice.
Even where a delay or suspension occurs in the provision of all or part of the Service due to any item of Paragraph 1 or any other cause, the Operator shall bear no liability whatsoever for damage suffered by a User or a third party as a result, except as specifically provided in the Terms.
Even where the Operator changes the content of the Service or suspends or discontinues the provision of the Service, the Operator shall bear no liability whatsoever to Users, except as specifically provided in the Terms.
A User shall, at their own expense and responsibility, prepare and keep available all communication devices, software, and other equipment incidentally required in order to use the Service. In using the Service, a User shall also, at their own expense and responsibility, connect to the internet via a telecommunications service or telecommunications line of their own choosing.
A User shall maintain security in accordance with their own usage environment, such as preventing computer virus infection, unauthorized access, and information leakage, with reference to information provided by the relevant government agencies and other bodies.
The Operator is not involved in a User's usage environment in any way and bears no liability whatsoever for it.
A User shall use the Service at their own responsibility and shall bear responsibility for all acts performed using the Service and for the results thereof.
Where a User causes damage or disadvantage to another User, any other third party, or the Operator in connection with the use of the Service, the User shall resolve it at their own responsibility and expense.
With respect to content transmitted (posted) by a User, the User is deemed to have granted the Operator, and consents in advance to granting, a non-exclusive right to use that content (including reproduction, publication, transmission, distribution, translation, and adaptation) without payment of consideration, whether within or outside Japan, to the extent necessary for the provision, maintenance, improvement, and promotion of the Service, until the term of the copyright and all other rights in that content expires. Even if a User holds moral rights in that content, the User shall not exercise those rights against the Operator.
A User shall resolve, at their own responsibility and expense, all complaints and claims arising from or in connection with content the User transmitted (posted), the User's use of or connection to the Service, the User's violation of the Terms, or the User's infringement of the rights of a third party.
Where the Operator incurs costs in connection with responding to the complaints or claims described in the preceding paragraph, or pays compensation or similar amounts, those costs and that compensation, together with the attorneys' fees and similar expenses paid by the Operator, shall be borne by the User concerned, and the Operator may claim payment of the total of those amounts from that User.
A User acknowledges that the Operator has no obligation to store the content the User transmitted (posted), and shall back up necessary content as appropriate.
The Operator may view content transmitted (posted) by a User as necessary for operational purposes and, where the Operator determines that it conflicts with the Terms, may make all or part of that content private or delete it without prior notice to the User.
Except for content and information transmitted (posted) by Users, the property rights relating to all content and information included in the Service belong to the Operator.
The content published or provided in the Service or in advertisements is protected by the Copyright Act, the Trademark Act, the Design Act, and other laws.
The Service and all software used in connection with the Service include property rights and trade secrets protected by laws and regulations relating to intellectual property rights.
The rights relating to the user interface, design, screen composition, and look and feel of the Service, and to any combination of these, belong to the Operator. A User shall not imitate or reproduce them, or use them in a similar service, without the prior written consent of the Operator.
A User shall not engage in any of the following acts in using the Service.
(1) Acts that infringe, or that are likely to infringe, the intellectual property rights, such as copyrights and trademark rights, of the Operator, other Users, or any other third party (hereinafter "Others").
(2) Acts that infringe, or that are likely to infringe, the property, privacy, or portrait rights of Others.
(3) Providing the personal information of a specific individual.
(4) Acts by which a single User holds the status of multiple Registered Users (except where the Operator separately specifies otherwise), or acts by which multiple persons jointly hold the status of a single Registered User.
(5) Acts of completing User Registration on behalf of a Registered User whose status as a Registered User has been suspended or invalidated.
(6) Acts of discriminating against, defaming, or slandering Others, or of damaging the honor or credit of Others.
(7) Acts of altering or deleting accessible content or information of the Service, or content or information of Others.
(8) Acts of impersonating the Operator or Others (including acts of manipulating email headers or similar parts in order to misrepresent identity).
(9) Acts of transmitting harmful computer programs or similar items, or of placing them in a state where Others can receive them.
(10) Pre-election campaigning, election campaigning (including acts similar to these), or acts that conflict with the Public Offices Election Act.
(11) Acts of sending Others, without permission, email for advertising, promotion, solicitation, or similar purposes, or email that causes offense (including email that is likely to do so); acts of obstructing the receipt of email by Others; acts of requesting the chain forwarding of email; or acts of forwarding email in response to such a request.
(12) Acts that place a load on the servers beyond ordinary use of the Service, or acts that encourage this, or any other acts that obstruct or hinder the operation or provision of the Service or the use of the Service by other Users.
(13) Acts of distributing information, devices, software, or similar items for the purpose of removing or circumventing the access control functions of servers or similar systems.
(14) Acts of reproducing, modifying, reposting, altering, changing, reverse engineering, disassembling, decompiling, translating, or analyzing the features provided by the Service.
(15) Acts of obtaining the Registration Information of Others without their consent or by fraudulent means (including so-called phishing and similar means).
(16) Acts of using all or part of the Service for commercial purposes, regardless of the method of use (including acts intended to prepare for such use, but excluding cases approved by the Operator).
(17) Acts of collecting, obtaining, or accumulating the content, data, or information of the Service using scraping, crawling, bots, or other automated means.
(18) Acts of imitating, reproducing, or appropriating the user interface, design, screen composition, or look and feel of the Service without the prior written consent of the Operator.
(19) Acts of accessing the API or systems provided by the Operator by an unauthorized method, or acts of using the API beyond the permitted scope.
(20) Where laws and regulations require procedures such as notification to a supervisory authority or the obtaining of a license or permit, acts of using the Service without carrying out those procedures, or any other acts that violate or are likely to violate those laws and regulations.
(21) Acts that obstruct the operation of the Service, acts that obstruct the exchange or sharing of information led by Others, and acts that cause disadvantage to the Operator or Others, such as damaging credit or infringing property rights.
(22) Acts that significantly hinder the Operator's business by making prolonged telephone calls, by excessively repeating the same inquiry, or by demanding what there is no obligation or reason to do.
(23) In addition to the preceding items, acts that violate laws and regulations or the Terms, or acts that violate public order and morals (including acts of transmitting or displaying information or brutal images that are likely to encourage or induce violence, and acts of soliciting partners for suicide).
(24) Acts of placing a link, for the purpose of encouraging such acts, to data or similar materials in which an act falling under any of the preceding items is found (including where the act is performed by Others).
(25) Any other acts that the Operator determines to be inappropriate for a User.
Where a User falls under any of the following, that User may not use the Service.
(1) An organized crime group (boryokudan)
(2) A member of an organized crime group
(3) A quasi-member of an organized crime group
(4) A company related to an organized crime group
(5) A corporate racketeer (sokaiya), a racketeer advocating social or political causes, a member of a crime group specializing in intellectual crimes, or a similar person
(6) Any other person equivalent to those in the preceding items
Where the Operator determines that a User's conduct is contrary to the Terms, or that a User falls under a person set out in Paragraph 2 of the preceding Article, the Operator may, at its discretion and without any notice to that User, delete or modify content transmitted (posted) through the Service, temporarily suspend the Service, cancel the User Registration (including suspending the status of the Registered User), and refuse access to the Service.
Where the Operator takes a measure described in the preceding paragraph, it shall notify the Registered User to that effect at the email address registered in advance, and shall notify a User who is not a Registered User at the email address notified by that User.
Where the email from the Operator described in the preceding paragraph does not reach the User due to circumstances of that User, the email from the Operator shall be deemed to have arrived.
The Operator does not accept any questions or complaints regarding measures taken by the Operator in accordance with this Article.
Where a User falls under any of the following, the Operator may restrict that User's use of the Service without obtaining that User's consent.
(1) Where the Operator determines that there is a risk of harm to a third party through the involvement of the Registered User concerned, for example due to infection by a worm-type virus or use as a route for mass email transmission.
(2) Where the User cannot be reached by telephone, email, or similar means.
(3) Where postal mail sent to the User is returned to the Operator.
(4) In addition to the preceding items, where the Operator recognizes the matter as highly urgent.
Even if, as a result of the Operator restricting a User's use of the Service under the preceding paragraph, that User is unable to use the Service and damage arises as a result, the Operator bears no liability whatsoever.
The Operator bears no liability for compensation whatsoever for damage to a User arising from the use of the Service.
Where a User causes damage to a third party by using the Service, the User shall compensate for it at their own expense and responsibility.
The Operator bears no liability for compensation whatsoever for damage caused by the Service being unavailable due to a defect, error, failure, or similar problem occurring in the Service.
The Service and the content and information on the Service shall be as the Operator is able to provide at that point in time. The Operator gives no warranty whatsoever as to the completeness, accuracy, applicability, usefulness, availability, safety, or reliability of the information it provides, or of the text and other content registered or transmitted (posted) by Users, software, and other information.
The Operator may provide information and advice to Users as appropriate, but bears no responsibility for the results thereof.
Where the Service suffers data corruption or similar harm due to some external factor, the Operator bears no responsibility for it.
Where a contract with a User under the Terms falls under a consumer contract as defined in Article 2, Paragraph 3 of the Consumer Contract Act (Act No. 61 of 2000), the provisions of the Terms that completely exempt the Operator from liability shall not apply. Where a contract under the Terms falls under a consumer contract and the Operator bears liability for damages based on default or tort, the Operator shall bear liability for damages up to the amount of the damage directly and actually suffered by the User concerned, except where the Operator acted intentionally or with gross negligence, and shall bear no liability for damage arising from special circumstances (including where the occurrence of the damage was foreseen or could have been foreseen).
In the case described in the preceding paragraph, the scope of the Operator's liability for damages shall be limited to the total amount of the usage fees paid by the User concerned to the Operator during the preceding 12 months.
The Operator may provide services under development, either as part of the Service or as an independent service.
A User shall understand that, by their nature, services under development are provided as services that may include defects such as bugs, flaws, malfunctions, and other symptoms of not operating normally.
Where the Operator determines it to be necessary, the Operator may change the content of a service under development, or suspend or discontinue the provision of a service under development, at any time without prior notice.
The Operator gives no warranty whatsoever as to the completeness, accuracy, applicability, usefulness, availability, safety, or reliability of services under development.
The Terms shall be governed by and construed in accordance with the laws of Japan.
Where litigation becomes necessary between a User and the Operator, the Tokyo District Court shall be the exclusive agreed court of first instance.