These Terms of Service (hereinafter referred to as the “Terms”) set forth the conditions for using the application “Talk to Me” (hereinafter referred to as the “App”) provided by Talk To Me Inc. (hereinafter referred to as the “Operator,” “we,” “us,” or “our”).
All users of the App (hereinafter referred to as “Users”) shall use the App in accordance with these Terms.
Article 1 (Application)
- These Terms shall apply to all relationships between Users and the Operator regarding the use of the App.
- The Operator may establish rules and other provisions regarding the use of the App in addition to these Terms (hereinafter referred to as “Individual Provisions”).
- If any provision of these Terms conflicts with any provision of the Individual Provisions, the provisions of the Individual Provisions shall prevail unless otherwise specified in the Individual Provisions.
Article 2 (User Registration and Accounts)
- The App automatically issues an anonymous user ID upon initial launch, and Users may use the App without completing a registration procedure.
- Users may optionally link the App with a Google Account or Apple ID.
- Linking with a Google Account or Apple ID is provided mainly for the purpose of restoring data when changing devices, reinstalling the App, or using the App on another device.
- Users may use the basic features of the App even without linking a Google Account or Apple ID. However, if the device is lost, damaged, replaced, or the App is reinstalled, data associated with the anonymous user ID may not be restorable.
- Users shall manage, at their own responsibility, the device used for the App and any linked accounts.
- The Operator may suspend or restrict the use of the App without prior notice if the Operator determines that a User falls under any of the following:
- The User uses the App by improper means or for improper purposes;
- The User violates these Terms;
- The Operator otherwise determines that the User’s use of the App is inappropriate.
Article 3 (In-App Purchases)
- The App may provide purchase features for in-app items such as color sets, as well as subscription support plans.
- In-app purchases are made through the payment systems of the Apple App Store or Google Play.
- Purchase conditions, payment methods, refunds, cancellations, and other matters shall be governed by the terms and conditions established by Apple or Google.
- Non-consumable in-app items may be restored based on purchase history managed by Apple or Google.
- The purchase status of subscription support plans may be managed through RevenueCat, an external in-app purchase management service.
- Subscription support plans are provided for Users who voluntarily wish to support the App and the Operator’s activities. Users may use the basic features of the App even without subscribing to a subscription support plan.
- Except where required by laws or the terms of the relevant app store, the Operator shall not be obligated to provide refunds or other responses for purchases made by Users.
- Prices, content, and conditions of in-app purchases may be changed. However, when changing the price of a subscription support plan, the Operator shall provide prior notice within the App or on the relevant app store with a reasonable notice period.
Article 4 (Data Created and Stored by Users)
- Users may create or store Tokuballs, logs, notes, images, and other data within the App.
- Users shall manage the content of data stored within the App at their own responsibility.
- When Users store images within the App, they shall take care not to infringe the rights, privacy, reputation, or other interests of third parties.
- If data within the App is lost, corrupted, or becomes unrecoverable due to system failure, communication failure, device failure, User error, or other reasons, the Operator shall not be liable except in cases of willful misconduct or gross negligence by the Operator.
Article 5 (Prohibited Acts)
Users shall not engage in any of the following acts when using the App:
- Acts that violate laws or public order and morals;
- Acts related to criminal activity;
- Acts that infringe copyrights, trademarks, or other intellectual property rights contained in the App;
- Acts that interfere with the operation of the App;
- Unauthorized access or attempts to do so;
- Acts that cause disadvantage, damage, or discomfort to other Users or third parties;
- Advertising, solicitation, or business activities on the App not authorized by the Operator;
- Acts of improperly tampering with or improperly using in-app purchases, purchase status, purchase history, or receipt information;
- Acts of analyzing, modifying, reverse engineering, decompiling, or disassembling the App;
- Acts of directly or indirectly providing benefits to antisocial forces;
- Other acts that the Operator determines to be inappropriate.
Article 6 (Suspension of Provision of the App)
- The Operator may suspend or interrupt all or part of the provision of the App without prior notice to Users if the Operator determines that any of the following circumstances exist:
- Maintenance, inspection, or updating of systems is required;
- Force majeure events such as natural disasters, power outages, or communication failures occur;
- Failures, specification changes, suspension, or termination occur in external services such as Apple, Google, Firebase, RevenueCat, or others;
- The Operator otherwise determines that provision of the App is difficult.
- The Operator shall not be liable for damages incurred by Users due to suspension or interruption of the provision of the App, except in cases of willful misconduct or gross negligence by the Operator.
Article 7 (Use Restrictions and Account Deletion)
- If a User violates these Terms, the Operator may restrict the User’s use of the App without prior notice. If a User materially violates these Terms or engages in unauthorized use, the Operator may delete the User’s account without prior notice.
- Users may request deletion of their account and data managed within the App through functions provided within the App or by a method designated by the Operator.
- When an account is deleted, user data managed within the App will be deleted. However, purchase history managed by Apple or Google through their respective stores, and information recorded by RevenueCat in relation to subscription support plans, may not be completely deletable by the Operator.
- The Operator shall not be liable for damages incurred by Users due to measures taken under this Article, except in cases of willful misconduct or gross negligence by the Operator.
Article 8 (Disclaimer of Warranties and Limitation of Liability)
- The Operator does not warrant that the App is free from factual or legal defects.
- The Operator does not warrant that the App will operate normally on all devices, operating systems, or usage environments.
- The Operator shall not be liable for damages incurred by Users arising from the App. However, this shall not apply where limitations on liability are restricted by the Consumer Contract Act or other laws.
- If Users incur damages due to failures, specification changes, suspension, or termination of external services such as Apple, Google, Firebase, Mixpanel, RevenueCat, or others, the Operator shall not be liable except in cases of willful misconduct or gross negligence by the Operator.
Article 9 (Changes to Service Content)
The Operator may change the content of the App or discontinue provision of the App without notifying Users.
Article 10 (Changes to the Terms)
The Operator may change these Terms when it determines that such changes are necessary. The revised Terms shall take effect when posted in the App or on the official website.
Article 11 (Handling of Personal Information)
The Operator shall appropriately handle user information obtained through the use of the App in accordance with the separately established “Privacy Policy.”
Article 12 (Governing Law and Jurisdiction)
- These Terms shall be governed by the laws of Japan.
- Any disputes arising in connection with the App shall be subject to the exclusive jurisdiction of the court having jurisdiction over the location of the Operator.
Article 13 (Contact)
For inquiries regarding these Terms, please contact us through the contact form below.