These terms (hereinafter referred to as "these Terms") set forth the conditions for the use of "Launchfy.support" (hereinafter referred to as "the Service") provided by BrainApp LLC (hereinafter referred to as "the Company") between the customers using the Service (hereinafter referred to as "the Customer") and the Company.
Agreement to the Terms
- The Customer must use the Service in accordance with these Terms. The Customer cannot use the Service unless they provide a valid and irrevocable consent to these Terms.
- If the Customer is a minor, they must obtain the consent of their legal guardian or representative before using the Service. Additionally, if the Customer is using the Service on behalf of a business, that business must also consent to these Terms before using the Service.
- The Customer is deemed to have provided valid and irrevocable consent to these Terms by actually using the Service.
- If a minor user uses the Service by falsely claiming to have consent from their legal guardian or misrepresenting their age as an adult, or uses deceit to convince others that they are legally capable, they cannot cancel any legal acts related to the Service.
- If a user who was a minor at the time of agreeing to these Terms uses the Service after reaching adulthood, they are deemed to have ratified all legal acts related to the Service.
Changes to the Terms
- The Company may change these Terms and individual usage terms at any time without prior notice to the Customer if the Company deems it necessary.
- The revised Terms and individual usage terms will take effect from the time they are posted in an appropriate location on the website operated by the Company, and the Customer is deemed to have provided valid and irrevocable consent to the revised Terms and applicable individual usage terms by continuing to use the Service after the changes.
- The Company cannot individually notify Customers of the contents of such changes, so please refer to the latest Terms and applicable individual usage terms from time to time when using the Service.
Privacy
- The Company respects the privacy of the Customer.
- The Company will handle the Customer's privacy information and personal information appropriately in accordance with the Privacy Policy.
- The Company pays maximum attention to security to safely manage the information collected from the Customer.
Provision of Services
- The Customer must prepare the necessary smartphone, communication devices, operating systems, communication means, and power at their own expense and responsibility when using the Service.
- The Company may limit the provision of all or part of the Service to Customers who meet certain conditions deemed necessary by the Company, such as age, whether identity verification has been completed, and whether registration information is available.
- The Company may change the content of all or part of the Service or discontinue its provision at any time without prior notice to the Customer if the Company deems it necessary.
- The Customer must not use this content beyond the intended usage of the Service (including acts such as reproduction, transmission, reprinting, modification, etc.).
Termination of Services
- The Company may terminate the Service by notifying users in an appropriate manner.
- Users agree in advance that if the Service is terminated, they will lose all rights to use paid content and will no longer be able to use that paid content thereafter.
- The Company will not be liable for any damages incurred by users or third parties arising from the termination of the Service for any reason.
Paid Services
- Some parts of the Service may be used by paying a fee for more convenient services. The amounts for paid services, payment methods, and other matters will be separately determined by the Company and displayed on the Service or website.
- The Company may change the prices of services provided for free or for a fee at its discretion.
- Paid content is only permitted for use against the user's own registration information.
Limitations on Usage Data
- Data can be stored on the server within the limits set by the app and license type.
- The Company will take the best measures to store user-uploaded content, but there is a possibility that user content data may be compromised due to unforeseen accidents.
- Accounts and data that are judged to have almost no usage history while on the Free plan will be discarded without notice. As a guideline for judgment, accounts that have not logged in for over a year and have almost no access to public pages will be judged as having almost no usage history.
- If the Company determines that the data falls under the prohibited acts described next, it may discard or suspend the data without notice.
Prohibited Acts
- The Customer must not engage in any of the following acts when using the Service. If the Company recognizes that a user has violated the prohibited acts, it may take necessary measures such as suspension of use.
- Acts that violate laws, court judgments, decisions, or orders, or legally binding administrative measures.
- Acts that may harm public order or morals.
- Acts that infringe on the intellectual property rights, honor rights, privacy rights, or other legal or contractual rights of the Company or third parties.
- Acts of impersonating the Company or third parties or intentionally disseminating false information.
- Acts of exchanging the right to use this content for cash, goods, or other economic benefits in a manner other than that specified by the Company.
- Acts of providing benefits or cooperating with anti-social forces.
- Acts of soliciting religious activities or religious organizations.
- Acts of illegally collecting, disclosing, or providing others' personal information, registration information, usage history, etc.
- Acts that interfere with the Company's servers or network systems, using BOTs, cheat tools, or other technical means to manipulate the Service illegally, intentionally exploiting bugs in the Service, making excessive repeated inquiries to the Company, or otherwise interfering with the operation of the Service by the Company or other customers.
- Disclosure or operation of information unrelated to the purpose of the Service (maintenance and operation of apps developed by the Customer).
- Acts that assist or promote any of the acts listed in 1 to 9 above.
- Other acts deemed inappropriate by the Company.
Customer's Responsibility
- The Customer uses the Service at their own risk and is fully responsible for all acts and their results performed in the Service. If the Company recognizes that the Customer is using the Service in violation of these Terms, the Company will take necessary and appropriate measures. However, the Company has no obligation to prevent or correct such violations.
- If the Company suffers any damages (including attorney fees) directly or indirectly due to the Customer's use of the Service (including claims from third parties related to such use), the Customer must immediately compensate the Company according to its claims.
Company's Disclaimer
- The Company does not guarantee explicitly or implicitly that the Service (including this content) is free from defects in fact or law (including defects related to safety, reliability, accuracy, completeness, validity, suitability for a particular purpose, security, etc., as well as errors, bugs, and rights infringements). The Company has no obligation to remove such defects and provide the Service.
- The Company is not liable for any damages incurred by the Customer arising from the Service.
- This does not apply if the Company has intent or gross negligence, or if the contract falls under the Consumer Contract Act.
- However, even in the cases specified in this provision, the Company will not be liable for damages incurred by the Customer due to acts resulting from the Company's negligence (excluding gross negligence) arising from special circumstances. Additionally, compensation for damages incurred by the Customer due to the Company's negligence (excluding gross negligence) will be limited to the amount of usage fees received by the Company in the month when the damage occurred.
Contact Method
- Communications from the Company to the Customer regarding the Service will be made by posting in an appropriate location on the website operated by the Company or by other methods deemed appropriate by the Company.
- Communications from the Customer to the Company regarding the Service should be made by submitting the inquiry form located in an appropriate place on the website operated by the Company or by the method specified by the Company.
Governing Law and Jurisdiction
- These Terms are written in Japanese and the governing law is Japanese law. For any disputes arising from or related to the Service between the Customer and the Company, the Tokyo District Court or the Tokyo Summary Court shall be the exclusive court of first instance.
Effective Date
- February 1, 2024