End User License Agreement (EULA)

This EULA refers to the distribution and retail by Kotobuki Solution Co., Ltd. (hereinafter referred to as 'the Company') of an application or applications (hereinafter referred to as 'Content') for devices compatible with Android™, where the Company possesses the distribution and retail rights for the Content. This EULA also refers to any distribution and retail services (hereinafter referred to as ‘Distribution Services’) operated by the Company or any other parties (hereinafter referred as ‘Operator’) through which the Content is distributed or sold. This EULA defines the encompassing terms and represents the agreement concerning usage of the Content and of the Distribution Services.

{The Company can be contacted as follows: +81-(0)-82-424-0539; office hours (Japan time) 10:00-17:00, Mondays to Fridays}

By consenting to this EULA, the user of the Content (hereinafter referred to as 'the Customer') shall be granted usage rights for the Content (a Usage License) as specified in this EULA. When using the Content, the Customer must agree to and comply with this EULA in its entirety, and in addition must agree to and comply with any other related Agreements of, including but not limited to any Distribution Services, communication line, mobile phone device employed by the Customer, means of payment employed by the Customer. The Customer should be sure to read this EULA carefully before using the Content or the Distribution Services. Use of the Content itself and/or the Distribution Services for the Content shall be taken to indicate consent to this EULA in its entirety.

1. All rights, including copyright, etc., relating to Content provided by means of the Distribution Services, and to any and all related data, shall be retained by the Company or any third parties shown in the Content.
2. Without prior consent from the Company, the Customer shall not reproduce, duplicate, modify, accumulate or transfer the Content or any related data, and nor shall the Customer engage in any other acts which infringe upon any of the rights, including copyright, retained by the Company or any third parties shown in the Content.

1. The Usage License grants to the Customer the right to use the Content, subject to the following conditions and restrictions.
1. The Customer shall be granted the right to use all functions and operations originally built in to the Content.
2. The Customer shall use the Content in accordance with the method of use explained within the Content.
3. The Customer shall use the Content in accordance with any method of use specified separately by the Company for the Content.
4. The Customer shall use the Content in a way that does not constitute a violation of this EULA or of any other related Agreements.
5. The Customer shall use the Content in a way that does not constitute a violation of any other restriction specified separately by the Company.
6. The Customer shall use the Content for the purpose intended by the Company.
2. The Customer shall not intentionally use the Content in any way which would constitute a violation of the conditions and restrictions of the Usage License.
3. The Usage License is granted to the Customer based on the acceptance of the EULA by the Customer who will use the Content, and as such, the Usage License may not be transferred to any other party.

1. When using the Company’s Content, the Customer shall, in addition to accepting the terms of this EULA, promptly pay any fees where such fees are specified. By doing so, the Customer shall be granted a Usage License to the Company’s Content.
2. The Company shall treat all fees received as payments made with valid intention by the Customer, and with the Customer having consented to the terms and conditions of this EULA. Payments made by a third person having assumed the identity of the Customer or payments resulting from mistakes in operation shall be regarded as within the bounds of responsibility of the Customer, and the responsibility for payment shall lie with the Customer.
3. With regard to Content, the ability to cancel an order, and the availability of refunds, exchanges, and re-downloads shall be determined according to the policies and capabilities of the Distribution Service. In the case that order cancellations, refunds, exchanges, and re-downloads are not available according to the policies of the Distribution Service, or in the case that order cancellations, refunds, exchanges, and re-downloads are outside the capabilities of the Distribution Service, in principle the Customer shall not be able to cancel an order, receive a refund or exchange, or re-download, through the Company and/or the Operator.
4. When downloading and using the Content, the Customer may incur separate communication charges and service charges, according to the Customer's telecommunications contract or payment contract. These fees are not included in the Content fee or the Content usage fee, and shall be paid separately by the Customer as specified in the applicable contract.
5. All monies paid by the Customer to the Company shall be collected on behalf of the Company by a payment collection agent (such as the provider of a Means of Payment, a credit card company, etc.) as set out in the Agreement regarding the medium through which the Content is distributed and/or sold.
6. In the case that any question or dispute between the Company and the Customer arises in connection with the Content usage fee, the Company shall accept the Customer's inquiries in a comprehensive manner. The Customer shall agree not to contact the Operator, a payment collection agent or any other third party before making inquiries with the Company.
7. If a payment is determined to be delayed for reasons attributable to the Customer, the Company shall be able to obtain from the payment collection agent the disclosure of the name, address, payment details, etc., of the Customer.

1. An 'in-app billing system' is an element included in certain Content. If the Customer wishes to use (hereinafter referred to as 'Acquire') these 'restricted elements' (hereinafter referred to as 'Items'), the Customer shall be able to gain use of the Items by following the instructions within the Content and paying any applicable fees by means of a method of payment supported by the Content (hereinafter referred to as a 'Purchase'). This series of actions is referred to as 'in-app billing', and the elements which make in-app billing possible, including all functions, Agreements and Terms of Service, interfaces, etc., are referred to as a whole as an 'in-app billing system'. The in-app billing system includes and encompasses all related elements, such as the functions to Purchase relevant elements within the Content, the web sites accessed by the relevant functions, the functions of online payment platforms provided by third parties, etc., in addition to the Items themselves within the Content.
2. 'Points' are special Items which when applied permit the use of 'points-supporting Items'. 'Points-supporting Items' are a type of Item, but are different in that they become usable through the application of points rather than through a Purchase. Irrespective of any literal definition or meaning, points are not like a virtual currency or net money, which can be used just like physical money to make payments. Essentially, points are 'the usage rights for a points-supporting Item'. Points have the following characteristics.
3. Points are sold as Items with general names such as '*** point(s)' or '*** ticket(s)', in Content which includes an in-app billing system.
4. Points are specific to individual Content, and cannot be interchanged between Content.
5. At the moment when they are obtained, points grant to the Customer usage rights for a point-supporting Item based on the quantity of points obtained.
6. With regard to the in-app billing system, a financial transaction occurs only in the case that 'the Customer makes a Purchase of an Item from the Company within the Content'. In all other cases, no financial transaction occurs, nor is any financial transaction permitted or accepted, between the Company and the Customer, or between the Customer and a third party.
7. An Item once Acquired cannot be exchanged for any other Item, benefit, service, goods, money, or goods with monetary value, with an effect or value greater than that of the Acquired Item. This applies to exchanges involving the Company, the Customer, or any third party. Furthermore, when points have already been applied, it is not possible to apply those points to any other points-supporting Item. Even to attempt any such improper exchange shall be regarded as a breach of the terms and conditions of this EULA.
8. Acquired Items have their own characteristics. Depending on its individual characteristics, an Acquired Item may be consumed partially or entirely when used within the Content, with the Item being reduced or disappearing (being used up) completely. Furthermore, some Items may have limited periods of validity. When the period of validity of such an Item is exceeded, the Item may become no longer usable, and may disappear. Whether or not an Item is reduced or disappears completely when used is governed by the explanation provided when the Item is supplied. When an Item is reduced or disappears completely when used in accordance with this explanation, this shall be regarded as proper and correct usage and consumption, to which the Customer has given consent.
9. When Acquiring an Item, the Customer shall be deemed to have read carefully any and all explanations (including but not limited to explanations relating to how to use the Item, to whether or not the Item is consumed when used within the Content, to the presence or absence of any period of validity, or the price or quantity of points) and to have Acquired the Item in a proper way having assented to any and all terms and conditions set out in the explanations. With regard to Items, the ability to cancel an order, and the availability of refunds, exchanges, and re-downloads shall be determined according to the policies and capabilities of the Distribution Service. In the case that order cancellations, refunds, exchanges, and re-downloads are not available according to the policies of the Distribution Service, or in the case that order cancellations, refunds, exchanges, and re-downloads are outside the capabilities of the Distribution Service, in principle the Customer shall not be able to cancel an order, receive a refund or exchange, or re-download, through the Company and/or the Operator.

1. The Content may utilize data communication in order to implement various features, including but not limited to implementation of the in-app billing system, online license checking in order to establish whether or not the Content itself has been purchased correctly, User Support, and notifications. The Customer shall consent to this utilization of data communication.

1. If a situation arises where the usage of the Content as intended by the Company is inhibited because of defects in the Content or arising from unintended behavior of the device or platform, etc., or if a situation arises where the Content is able to be used in a way not intended by the Company, then the Company shall take appropriate measures in good faith to deal with the situation. The contact the Company makes with the Customer, by telephone, email, or other methods in order to take measures to deal with the situation, and the measures taken by the Company to deal with the situation having received information supplied by the Customer, shall be referred to as 'User Support'.
2. Any personal information of the Customer necessary for User Support (name, telephone number, email address, etc.) will be protected according to the provisions of the Company's privacy policy (http://www.ksol.jp/co_info/pvinfo.pdf), and used solely for the purpose of User Support.

1. The Company and the Customer shall agree that this EULA shall be entered into between the Company and the Customer only, and not with Operator, and the Company, not Operator, is solely responsible for the Content.
2. The Company and the Customer shall agree that the Company shall be solely responsible for providing any maintenance and User Support with respect to the Content, as required under applicable law, and that Operator has no obligation whatsoever to furnish any maintenance and User Support with respect to the Content.
3. The Company and the Customer shall agree that the Company shall be solely responsible for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Content to conform to any applicable warranty whether express or implied by law, to the extent not effectively disclaimed. The Customer shall agree that, in the event of any failure of the Content to conform to any applicable warranty, the Customer shall not demand the Operator any special services or functions for the warranty outside the capabilities of the Operator.
4. The Company and the Customer shall agree that Company, not Operator, are responsible for addressing any claims of the Customer or any third party relating to the Content or the Customer’s possession and/or use of that Content, including, but not limited to: (i) product liability claims; (ii) any claim that the Content fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
5. The Company and the Customer shall agree that, in the event of any third party claim that the Content or the Customer’s possession and use of that Content infringes that third party’s intellectual property rights, the Company, not Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
6. The Customer shall represent and warrant that the Customer is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a 'terrorist supporting' country; and that the Customer is not listed on any U.S. Government list of prohibited or restricted parties.
7. The Company and the Customer shall agree that Operator, and Operator’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the Customer’s acceptance of the terms and conditions of the EULA, Operator will have the right (and will be deemed to have accepted the right) to enforce the EULA against the Customer as a third party beneficiary thereof.

1. The Usage License granted to the Customer shall become null and void if the Customer fails to comply with the terms and conditions of this EULA. Consequently, the Company shall be able to prohibit the use of the Content by the Customer, and terminate the usage of any and all Distribution Services operated by the Company and User Support provided by the Company. Furthermore, if the Company suffers damages resulting from any failure on the part of the Customer to comply with the terms and conditions of this EULA, the Company shall be able to demand from the Customer compensation equivalent to the cost of the damages.

1. The Customer is not permitted to transfer or assign any of the rights or obligations related to this EULA to any third party.
2. If the Customer suffers damages in the course of using the Content due to grounds attributable to the Company, the Company shall make restitution, the amount of restitution being limited to an amount equivalent to the cost of the usage fee paid for the Content. However, in the case of damages attributable to willful or gross negligence on the part of the Company, such a limit shall not apply.
3. The Customer shall acknowledge that there exist several risks in the course of using smartphone applications (hereinafter reffered to as 'Risks') and that the Company is not liable for the Risks, and shall disclaim the right to claim indemnification for any damages caused by the Risks to the Company. The Risks shall include but not be limited to the case that proper act of the Content is prevented by the abnormal application execution environment formed by installation and/or execution of other applications, the case that any data preserved by the Content is corrupted irreversibly because of the malfunction of the device happened with various reasons and the case that any special specifications or defects of the device, firmware and/or the operation system may cause the aforementioned situations.
4. In the case that any question or dispute between the Company and the Customer arises out of, or in connection with, this EULA or any Content, the Company shall enter into negotiations with the Customer in good faith. If the question or dispute cannot be settled despite these negotiations, then Hiroshima District Court or Hiroshima Summary Court shall have the exclusive jurisdiction of the first instance.
5. This EULA exists in several languages, for the benefit of non-Japanese-speaking Customers. The scope and content of the EULA is the same across all languages. However, if for any reason there exists a contradiction between the scope, terms or content expressed in the Japanese-language version of the EULA and the scope, terms or content expressed in the English-language version of the EULA, then the Japanese-language version shall be deemed to take precedence.
6. The Company reserves the right, without informing the Customer, to update, revise, supplement or terminate this EULA. The Customer should be sure always to check the terms and conditions of the most recent version of this EULA, and to use the Content having consented to the terms and conditions of the most recent version of the EULA in its entirety.

Android is a trademark of Google Inc.
Other company names, product names and service names shown in this document are trademarks or registered trademarks of their respective companies.