Terms of Service

These Terms of Service (these "Terms") set out the conditions for using "Qoodish" (the "Service"), as established by its operator ("we," "us," or "our"). Users shall use the Service in accordance with these Terms after agreeing to them.

Article 1 (Application)

1. These Terms apply to all relationships between us and users concerning use of the Service.
2. Any individual provisions, guidelines, or other rules that we separately establish on the Service (the "Individual Provisions") form a part of these Terms. Where the provisions of these Terms differ from those of the Individual Provisions, the Individual Provisions shall prevail.

Article 2 (Definitions)

The terms used in these Terms are defined as follows.

• "User" means any person who agrees to these Terms and uses the Service.
• "Map" means a collection of information about places that a user creates on the Service.
• "Report" means an image, comment, or other information about a place that a user posts to the Service.
• "Posted Content" means any information, including Reports, that a user posts or transmits to the Service.

Article 3 (Registration)

1. Registration for the Service is completed when a user performs authentication by the method we designate and we approve it. The Service provides authentication via a Google account through Google Cloud Identity Platform, or authentication by sending a link to an email address.
2. We may decline to approve a registration where we determine that the applicant falls under any of the following, and we bear no obligation to disclose the reason.
   • Where the applicant has provided false information in the application
   • Where the application is from a person who has previously violated these Terms
   • Where we otherwise determine that the registration is not appropriate

Article 4 (Management of Accounts)

1. Users shall manage and keep the account used for authentication of the Service at their own responsibility, and shall not allow a third party to use it or lend, transfer, change the name of, or otherwise allow a third party to use it.
2. We bear no liability for any damage caused to a user or a third party due to insufficient management of the account used for authentication, errors in its use, use by a third party, or the like.
3. Where a user uses the Service through a Google account or another external service account, the user shall comply with the terms established by that external service regarding its use, and we bear no liability for any damage arising from use of that external service.

Article 5 (Posted Content and Copyright)

1. Users represent and warrant to us that they have the proper right to post the Posted Content and that the Posted Content does not infringe the rights of any third party.
2. The copyright in Posted Content is retained by the user or other rights holder who created the Posted Content.
3. At the time a user posts Posted Content to the Service, the user grants us, free of charge, a license to use the Posted Content in Japan and abroad (including reproduction, public transmission, distribution, translation, adaptation, display, and modification such as resizing and cropping) to the extent necessary to provide, maintain, improve, and promote the Service.
4. In using Posted Content under the preceding paragraph, we will endeavor not to unfairly harm the honor or reputation of users. If a user considers that their honor or reputation has been harmed, please contact us.
5. We bear no obligation to pay any consideration to users for the use of Posted Content.

Article 6 (Prohibited Acts)

In using the Service, users shall not engage in any of the following acts.

• Acts that violate laws and regulations or public order and morals
• Acts related to criminal conduct
• Acts that infringe the intellectual property rights, portrait rights, privacy, honor, or other rights or interests of us, other users, or third parties
• Acts of using information obtained through the Service for commercial purposes without our permission
• Acts for the purpose of sales, advertising, solicitation, or other profit-making, without our permission
• Acts of using the Service for the purpose of meeting persons of the opposite sex whom one has not met, or for any other purpose differing from the original purpose of the Service
• Acts that interfere with, or are likely to interfere with, the operation of the Service
• Acts of unauthorized access, or attempts thereof
• Acts of transmitting or posting harmful computer programs or the like
• Acts of placing an excessive load on the network or systems of the Service
• Acts of providing false information at the time of registration
• Acts that damage the credit of our services
• Other acts that we determine to be inappropriate

Article 7 (Suspension of the Service and the Like)

1. We may suspend or interrupt all or part of the Service without prior notice to users where any of the following applies.
   • Where maintenance, inspection, or updating of the systems for the Service is carried out
   • Where provision of the Service becomes difficult due to force majeure such as an earthquake, lightning, fire, power outage, or natural disaster
   • Where computers or communication lines stop due to an accident
   • Where we otherwise determine that provision of the Service is difficult
2. We bear no liability for any damage suffered by a user or a third party as a result of suspension or interruption of the Service.

Article 8 (Restriction of Use and Cancellation of Registration)

1. We may, without prior notice, restrict use of the Service, delete Posted Content, cancel registration, or take other measures we determine to be necessary with respect to a user, where the user falls under any of the following.
   • Where the user has violated any provision of these Terms
   • Where it becomes clear that there is a false fact in the registration details
   • Where we otherwise determine that use of the Service is not appropriate
2. We bear no liability for any damage caused to a user by measures we take under this Article.

Article 9 (Withdrawal)

1. Users may withdraw from the Service by the procedure we designate.
2. Upon withdrawal, a user loses all rights relating to the user's account for the Service.
3. Even after withdrawal, Article 5 (Posted Content and Copyright), Article 10 (Disclaimer of Warranties and Limitation of Liability), Article 13 (Handling of Personal Information), and Article 16 (Governing Law and Jurisdiction) shall remain in effect.

Article 10 (Disclaimer of Warranties and Limitation of Liability)

1. We make no warranty of any kind, whether express or implied, regarding the Service and the information provided through the Service (including information about posted places, the content of Reports, and map information), including as to its completeness, accuracy, usefulness, fitness for a particular purpose, or non-infringement of the rights of third parties.
2. We recommend that, before visiting a place using the Service, users confirm the address, business hours, and other information directly with the place in advance. We bear no liability for any damage caused to a user by the use of posted information.
3. The map information displayed on the Service is provided by Google LLC, and use of that map information is subject to the terms of service and privacy policy established by Google LLC.
4. We bear no liability for any third-party website or service linked from the Service.
5. We bear no liability for any transaction, communication, or dispute that arises between a user and another user or a third party.

Article 11 (Changes to the Content of the Service and the Like)

We may change the content of the Service or terminate provision of the Service without prior notice to users. We bear no liability for any damage caused to a user thereby.

Article 12 (Changes to the Terms of Service)

1. We may change these Terms without the individual consent of users where we determine it to be necessary. However, where a change does not conform to the general interest of users, we will make it only within a reasonable scope in light of the necessity of the change, the appropriateness of its content, and other circumstances.
2. Where we change these Terms, we will inform users of the content of the changed Terms and the time at which they take effect, by posting on the Service or by other appropriate means, before that time arrives. For changes that materially affect users, we will give advance notice a reasonable period beforehand.
3. Where a user uses the Service on or after the time the changed Terms take effect, the user is deemed to have agreed to the change to these Terms.

Article 13 (Handling of Personal Information)

We will appropriately handle users' personal information obtained through use of the Service in accordance with our separately established Privacy Policy.

Article 14 (Notice or Communication)

Notice or communication between users and us shall be made by the method we designate. Unless a user notifies us of a change of contact details in the manner we designate, we will treat the currently registered contact details as valid and give notice or communication to those details, and such notice or communication is deemed to have reached the user at the time of dispatch.

Article 15 (Prohibition of Assignment of Rights and Obligations)

Users may not, without our prior written consent, assign to a third party or provide as security their status under these Terms or any right or obligation under these Terms.

Article 16 (Governing Law and Jurisdiction)

1. These Terms shall be governed by and construed in accordance with the laws of Japan.
2. In the event of a dispute between a user and us concerning the Service, the Tokyo District Court shall be the court of exclusive agreed jurisdiction for the first instance.

Article 17 (Contact)

For inquiries regarding these Terms, please contact the following.

• Operator: Qoodish
• Email: support@qoodish.com