Terms of Use for TATERU, Inc.

These terms of use (these “Terms”) set forth the terms and conditions regarding the use of all products and services (collectively, the “Services”) relating to the “TATERU Apartment” app provided by TATERU, Inc. (the “Company”), between the Company and the customers who use the Services (“Customers,” “You”).

1. Definitions
In these Terms, the following terms shall have the following meanings:
  • 1.1.“Contents” means any information such as text, sound, music, image, video, software, program and code.
  • 1.2.“Service Contents” means the Contents which can be accessed through the Services.
  • 1.3.“Individual Terms of Use” means any documents that the Company distributes or posts (including those posted on the website) separately from these Terms with regard to the Services under names such as “Terms,” “Guidelines,” “Policies,” etc.​ ​
2. Consent to these Terms
  • 2.1.You must use the Services in accordance with the provisions in these Terms. You may not use the Services unless You give your valid and irrevocable consent to these Terms.
  • 2.2.If You are a minor, You must use the Services upon obtaining consent from your legal representative, such as a person in parental authority. If You use the Services for a business operator, such business operator must use the Services upon giving consent to these Terms.
  • 2.3.You shall be deemed to have given valid and irrevocable consent to these Terms by actually using the Services.
  • 2.4.If there are any Individual Terms of Use in the Services, You must use the Services in accordance with the provisions in such Individual Terms of Use as well as these Terms.
3. Amendment to these Terms

The Company may amend these Terms and the Individual Terms of Use at any time, without notifying You in advance, as the Company determines necessary. Such Terms and Individual Terms of Use as amended shall become effective at the time when they are posted in an appropriate place on the website operated by the Company, and You shall be deemed to have given valid and irrevocable consent to the amended Terms and applicable Individual Terms of Use by using the Services after these Terms and the Individual Terms of Use have been amended. As the Company will not inform You of the details of such amendment individually, please refer to the latest version of these Terms and the applicable version of the Individual Terms of Use upon using the Services, as necessary.​ ​​ ​​ ​​ ​

4. Account
  • 4.1.When You register any information about yourself upon using the Services, You must provide true, accurate and complete information, and make revisions so that the information is always updated. If You provide information that is not true, accurate or complete, or if You fail to revise the information when it is updated, the Company will not be liable for any damages You incur thereby.​ ​
  • 4.2.When You register a password upon use of the Services, You must select a password which is hard to be used without authorization, and, after registration, You must keep such password under strict control at your own responsibility so that it will not be used without authorization. The Company is allowed to deem any actions taken with the use of your registered password as an action taken by You, and the Company will not be liable for any damages You incur by any actions taken with the use of your registered password.
  • 4.3.Customers who register to the Services may delete their account and withdraw from membership at any time.
  • 4.4.The Company may stop or delete your account without informing You in advance, and may refuse the registration of another account, in the event that the Company finds that You have violated or may violate these Terms.
  • 4.5.The Company may stop or delete your account without informing You in advance, in the event of any of the following:
    (1) If any fact in the registered items is found to be untrue, inaccurate or incomplete;
    (2) If there is no use of the Services for one (1) year or more since the last access;
    (3) If there is no response for more than thirty (30) days after the Company makes contact seeking a response, such as an inquiry; or
    (4) If the Company otherwise determines that it is not appropriate to allow the Customer’s continued use of the Services.
  • 4.6.All of the Customer’s rights to use the Services will become extinguished at the time the account is deleted, regardless of the reason for such deletion. Please note that the account cannot be restored even when You delete the account by mistake.
  • 4.7.The account for the Services belongs solely to You. Your right to use the Services cannot be assigned, lent or succeeded to a third party.
5. Privacy
  • 5.1.The Company respects your privacy.
  • 5.2.We handle customer's privacy information and personal information appropriately according to TATERU, Inc. privacy policy.
  • 5.3.The Company pays utmost caution to its security in order to safely manage the information gathered from You.
6. Provision of Services
  • 6.1.You must prepare any personal computer, mobile phone, communication device, operating system, communication method and electricity necessary for using the Services, at your expense and liability.
  • 6.2.The Company is allowed to provide the Services in whole or in part, limiting the same to those Customers who satisfy the requirements the Company determines to be necessary, such as age, with or without confirmation of personal identification, and with or without registered information, etc.​ ​
  • 6.3.The Company may amend, in whole or in part, stop or terminate the provision of the Services at any time without notifying You in advance, in the event of any of the following. The Company will not be liable for any damages incurred by You due to the measures taken by the Company under this paragraph.
    (1)When conducting inspection or maintenance work for computer systems in relation to the Services;
    (2) When the computers, communication lines, etc. get shut down by accident;​ ​
    (3) When the Services cannot be operated due to force majeure such as earthquake, thunder, fire, windstorm or flood, power outage or act of God; or
    (4) Any other case which the Company determines necessary.
7. Emergency Report Function

The Services are not for providing emergency reporting methods to authorities such as police agencies, maritime security agencies, fire agencies, etc.​ ​

8. Advertising Display

The Company may post advertisements for the Company or a third party in the Services. It should be noted that the Company will not be liable for any details and accuracy, etc. of the advertisements posted in the Services.

9. Services of Affiliated Partners

The Services may include any services or contents provided by other business operators affiliated with the Company. Any liability in relation to such services or contents shall be assumed by the business operator providing the same. In addition, the terms and conditions such as terms of use set forth by such business operator providing their services and contents may apply to such services and contents.

10. Contents
  • 10.1.The Company may not assign or sub-license the Service Contents provided by the Company, and will grant You a non-exclusive right to use the Service Contents solely for the purpose of using the Services.
  • 10.2.If You are using the Service Contents which separately provide for conditions of use such as a usage fee or usage period, etc., You shall comply with such conditions of use. Even if there are words such as “Purchase” or “Sale” indicated on the screen in the Services, no rights, such as intellectual property rights, will be transferred to you with regard to the Service Contents the Company provides to You, and only the usage right mentioned above will be granted to You.​ ​​ ​
  • 10.3.You may not use (including acts such as reproducing, transmitting, reprinting, altering, etc.) the Service Contents beyond the manner intended for use under the Services.
11. Prohibited Matters
When using the Services, You must not engage in any of the following acts:
  • 11.1.Any act which violates the laws and regulations, a court judgment, decision or order, or an administrative measure with binding effect under the laws and regulations;​ ​
  • 11.2.Any act which carries the risk of violating public order or public policy;
  • 11.3.Any act which violates the Company’s or a third party’s intellectual property rights such as copyrights, trademark rights, patent rights, etc., rights of honor, privacy rights, and other rights under the laws and regulations, or under contractual provisions;
  • 11.4.Any act of posting or transmitting excessively violent expressions, explicitly sexual expressions, expressions which may lead to discrimination based on race, nationality, belief, gender, social status or family origin, etc., expressions that attract or promote suicide, self-injury, drug abuse, or expressions which include anti-social contents that give unpleasant feelings to others;
  • 11.5.Any act of impersonating the Company or a third party, or intentionally spreading false information;
  • 11.6.Any act of transmitting the same or similar messages to many and unspecified Customers (except for those approved by the Company), any act of indiscriminately adding other Customers as friends or groups, or any acts that the Company deems to be spam;
  • 11.7.Any act of exchanging the usage rights in and to the Service Contents into economic benefits such as cash, property, etc. by any manner other than those set forth by the Company;​ ​
  • 11.8.Any act of sale, promotion, advertisement, solicitation, or any other act intended for profit (except for those approved by the Company), any act constituting sexual or obscene acts, any act constituting matchmaking or having a relationship with unacquainted persons of the opposite sex, any act constituting harassment or defamation of other Customers or any act of using the Services for any other purpose besides those contemplated in the Services;
  • 11.9.Any act of cooperating with anti-social forces, such as profit sharing;
  • 11.10.Any act of soliciting others into religious activities or religious organizations;
  • 11.11.Any act of collection, disclosure or provision of another person’s personal information, registration information, or usage history, etc., without authorization.
  • 11.12.Any act of disrupting the server or network system for the Services, any act of manipulating the Services using a technical method such as a bot, cheating tool, etc., without authorization, any act of deliberately using the malfunctioning of the Services, any act of making unreasonable inquiries or requests to the Company, such as repeating the same question beyond necessity, etc., or any act of interrupting or disrupting the operation of the Services by the Company or the use of the Services by other Customers;
  • 11.13.Any act of disclosing or leaking to a third party any confidential information obtained from the Company in relation to the Services;
  • 11.14.Any acts which assist or promote acts which fall under any of the items under Articles 11.1 through 11.13 above; or​ ​
  • 11.15.11.15. Any other acts which the Company otherwise deems inappropriate.
12. Customer’s Liability
  • 12.1.You shall use the Services at your own liability, and You shall be liable for any actions taken in the Services and the results thereof.​ ​​ ​
  • 12.2.The Company will take any measures it deems necessary and appropriate if it acknowledges that You are using the Services in violation of these Terms; provided, however that the Company will not be liable to prevent or rectify such violation.
  • 12.3.In the event of the Company incurring any damage directly or indirectly (including the payment of attorney fees) due to your use of the Services (including when the Company receives a claim from a third party due to such use), You must immediately indemnify such claim in accordance with the Company’s claim. It should be noted that You are to pay interest on late payments in the amount calculated at the rate of 14.5% per annum for the period from the day after the Company makes such claim up to the day before the payment is made.​ ​
13. Company’s Disclaimer
  • 13.1.The Company does not expressly or implicitly guarantee that the Service (including the Service Contents) is free from any factual or legal defects (including safety, credibility, accurateness, completeness, validity, suitability for a particular purpose, defects regarding security, error or bugs, infringement of rights, etc.). The Company is not responsible for providing the Services to the Customers in a manner where such defects have been removed.
  • 13.2.The Company shall not be liable for any damages incurred by You due to the Services; provided, however, that this disclaimer clause shall not apply if the agreement (including these Terms) between You and the Company regarding the Services constitutes a consumer contract under the Consumer Contract Act.
  • 13.3.Even if a case falls under the proviso of Article 13.2, the Company shall not be liable for any damages arising from special circumstances (including where the Company could or could have foreseen the damage caused) among the damage incurred by the Customers due to a default or tort based on the Company’s negligence (excluding gross negligence). In addition, the compensation for damage incurred by You due to default or tort by the Company’s negligence (excluding gross negligence) shall be 100 yen or have an upper limit of the amount of usage fees that the Company received from You in the month during which such damage was caused.
  • 13.4.The Company shall not be liable for any damage or loss, etc. incurred by You due to an act or omission of a third party.
  • 13.5.The Company shall not be liable for any transaction, communication, dispute, etc. arising between You and another Customer or a third party in relation to the Services. You shall handle and resolve any dispute at your own liability and cost if such dispute arises, and shall be liable to immediately provide compensation for any and all damage (including, without limitation, reasonable attorneys’ fees) incurred by the Company in relation to such dispute. It should be noted that if the Company handles and resolves a dispute, all the fees (including, without limitation, reasonable attorneys’ fees) required for handling and resolving it shall be borne by You.
14. Communication Method
  • 14.1.Any communication from the Company to Customers regarding the Services shall be made by posting the same in an appropriate place within the website operated by the Company, or in a manner that the Company otherwise determines appropriate, and such communication shall be deemed to have reached the Customers as of the date of such posting.
  • 14.2.Any communication from Customers to the Company regarding the Services shall be made by sending an inquiry form placed in an appropriate place within the website operated by the Company or by a method designated by the Company.
15. Severability

Even in the case where a provision or part of a provision in these Terms is found to be void or unenforceable under laws and regulations such as the Consumer Contract Act, the remaining provisions, or the part of the provision not found to be void or unenforceable, shall continue to have full effect.

16. Governing Law, Jurisdiction

The Japanese version of these Terms shall be the official text, and its governing law shall be the laws of Japan. The Tokyo District Court or Tokyo Summary Court shall have exclusive jurisdiction by consent in the first instance over any dispute arising between Customers and the Company due to or in relation to the Services.

End