Terms Of Service
These terms of service (hereinafter referred to as "the Terms of Service"）shall apply to the use of the "ReFlexFX" smartphone application (hereinafter referred to as "the Application") provided by Saitara Software. (hereinafter referred to as "the Company") and the related website (hereinafter referred to as "the Website"). Services provided by the Company in relation to the Application and the Website are collectively referred to as "the Service" herein. Users are deemed to have agreed to the Terms of Service upon commencing the use of the Service, and should therefore be sure to fully understand these terms in advance.
Guarantees and changes to the Service
Although the Company will make every effort to maintain quality in the content and specifications of the Service, no guarantees of freedom from failure, defects, bugs or similar are provided. The Company may also change the content and specifications of the Service and suspend or cancel its provision at its own discretion without advance notice.
The Company may place restrictions on Users of the Service and add related conditions at its discretion in consideration of:
- Age limits
- Regional restrictions
- Other conditions as specified by the Company
The Company may charge the User any fees or payment (if any) in relation to the use of the Service or the purchase of goods, (including, but not limited to, relevant fees, charges, membership dues and the like as associated with the use of the Service, regardless of type or nature, hereinafter referred to as "the Charges").
Free version of the Application with limited features is available when the users first installed this Application to their devices. The premium service is the Service which unlocks these limited features (some or all).
The features in the Application that will be unlocked by the premium service are subject to change without notice.
The premium service can be purchased at Subscription In-App Purchases in the Application and will be available with monthly or annual fee (hereafter referred to as “the Subscription Fee”).
The Subscription Fee will be charged to your Apple ID or your Google Account when the users purchased the premium service.
In terms of the validity period, the monthly subscription for the version of iOS is valid for 1 month from the purchase date. (To be exact, from the purchase date to the day before the same day of the following month). For the version of Android, the monthly subscription is valid for 30 days starting from the date of purchased. Regarding the validity period of the annual subscription for both iOS and Android, it is valid for 1 year from the date of purchase (from the date of purchase to the day before the same day of the following year). You can check the validity period of your subscription on the Google Play app or the Apple ID settings.
The premium service will be automatically renewed when the expiration date is reached, unless you cancel the subscription. You can stop the automatic recurring payments if you cancel your subscription more than 24 hours before midnight on the expiration date on the Google Play app or the Apple ID settings.
If you cancel your subscription before the end of your subscription period, the subscription will not update automatically but you can still use your subscription until the current subscription period ends.
Unless the premium service is inactive, refusing the payment shall not be allowed under any circumstances, including not using the Service. Furthermore, if you cancel your subscription before the end of your subscription period, the Subscription Fee is non-refundable. Your subscription will remain in effect until the end of your current month or year.
The users who purchased either monthly or annual subscription can receive a free trial. The free trial is valid for a trial period separately specified by the Company from the date of purchase.
One free trial per account (Google Account or Apple ID).
If you cancel your trial more than 24 hours before midnight on the trial period ends, you will not be charged. If you do not cancel your trial during the trial period, the Subscription Fee will be charged automatically to your account (Google Account or Apple ID) at the end of the free trial period.
Prohibited acts and matters relating to usage of the Service
The prohibitions listed below shall apply in relation to the Service (including any actions that may induce such acts or set the potential for such). In relation to these prohibitions, the Company may suspend, stop the use of the Service or cancel the account without notice to the relevant User, and shall not be responsible for any related consequences. The User shall indemnify, defend and hold harmless the Company from and against any liabilities and damages resulting from engagement in such prohibitions and shall immediately compensate the Company for such liabilities and damages (including reimbursement for indirect damages, related attorney's fees and other legal fees).
Acts violating laws and ordinances of Japan or another country of the location or residence of the User during usage of the Service
Delinquent behavior or acts contrary to public order and morals
Infringement of other Users' rights resulting in inconvenience to such or any third party (hereinafter collectively referred to as "Other Parties"), and posting, publication, disclosure or provision of information on Other Parties without consent, online, in written documents or via other media
Dissemination of programs that may destroy or interfere with the functions of software or hardware used by the Company or Other Parties
Reverse engineering, disassembly or other analysis of the source code used for the Service
Destruction or disturbance of the content and functions of the Service
Disturbance or slander of the Service or advertising provided by the Company related to the Service
Collection and accumulation of personal information, historical information on usage, or data allowing identification of Other Parties without permission
Usage of the Service other than originally intended by the Company
Usage of the Service by any account of other party and outside the designated User's account
Acquisition of accounts for usage of the Service from other party, or disclosure or provision of IDs and passwords of accounts to other party regardless of means thereof or
Provision of direct or indirect profit to antisocial forces in connection with the Service provided by the Company
Discontinuation and prohibition regarding usage of the Service
In the event of any usage of the Service and data constituting the Service, or any other application or information owned or operated by the Company, beyond the intended purposes of the Service or contrary to the original purposes of use therefor, the Company may suspend the User's actions and take immediate measures to stop such usage, and shall claim amounts equivalent to the profits earned by the relevant Users and/or damages and losses incurred by the Company due to such User's actions.
Compensation to the Company
In the event that the Company is required to cover costs or compensate Other Parties in relation to complaints, claims for reimbursement, requests, damages, compensation claims or similar regarding Users' conduct, the relevant User shall indemnify, defend and hold harmless the Company from and against any liabilities and damages resulting from Users' conduct and shall bear such expenses irrespective of the nature thereof (including attorney's fees and other legal fees relating to the resolution of such).
Management of User data
The Company shall keep data generated by Users' use of the Service on its own servers. In the event of maintenance or improvement of the Service, the Company may move or copy such data to the extent necessary. In such cases, every effort shall be made not to damage or lose Users' data. However, the Company shall provide no guarantee of complete data protection, avoidance of corruption or loss, restoration of lost data or similar reclamations.
The Company may post advertisements for its services or those of any requesting third parties on the screen related to the Service during the User's use of the Service.
Stoppage/suspension of use of the Service, refusal or cancelation of account registration
To allow appropriate operation of the Service, the Company may take measures to delete data or content, stop the use of all or part of the Service, reject User account registration requests or delete registered Users' accounts in the cases outlined below without prior notice to the User. This Company's measures shall apply to the multiple accounts as registered to the same User. The Company shall not be responsible for any disadvantage or damage suffered by Users or any other parties due to suspension or discontinuation of provision of the Service and so on regardless of the reason therefor, other than where the Company expressly states its responsibility for such.
The User violates any provision of the Terms of Service or the Company deems such violation possible.
Payment of the Charges to the Company by the User is delayed.
The User's credit card or the bank account designated for payment of the Charges to the Company becomes invalid.
The User is subject to petition for bankruptcy, civil rehabilitation proceedings or similar, or makes such a petition, or the Company deems the User's credit to be untrustworthy.
The User's account is registered for or used by antisocial forces or constituent members or stakeholders, or the Company deems that there is a risk of such.
The User has not used the account or the Service for a certain period.
The User acts in a way that results in a loss of trust of the Service or the Company or defames the Company.
The relationship of trust with the User is lost or the Company deems continued provision of the Service to the relevant User impractical.
Intellectual property rights
Copyrights, trademark rights, design rights and other intellectual property rights relating to the Service (hereinafter collectively referred to as "Intellectual Property Rights") shall belong to the Company or to other parties allowing the Company to use such rights. Users shall not infringe on Intellectual Property Rights of the Company or the relevant rights holder concerning the Service or use the Service beyond the scope permitted by the conditions in place for such use. Any User engaging in such infringement shall indemnify, defend and hold harmless the Company or the relevant right holder from and against any liabilities and damages resulting from such infringement and shall immediately compensate the Company or the relevant right holder for consequent damages (including indirect damages, attorney's fees and other legal fees).
Use of the Service shall represent Users' agreement to do so under their own judgment and responsibility with full understanding of the details, issues and risks of matters not covered by the Company's warranty as outlined below. The Company shall bear no responsibility for any damages incurred by the User from such matters, other than where the Company expressly states its responsibility for such.
Matters not covered by the Company's warranty and issues/risks involved with the use of the Service (including, but not limited to the followings)
Certainty, accuracy, safety, usefulness or suitability for a specific purpose of the Service
Defects or problems regarding the Service, (including errors or deviations in information displayed), effects or inconveniences caused to the User's PC, tablet or smartphone as a result of using the Service, disadvantages arising from inability to use the Service, loss of data and the like
Inability to permanently maintain the Service environment prevalent at the time the User begins to use the Service
Discontinuance of provision of the Service due to natural disasters, court judgments/orders, governmental measures or other factors outside the Company's scope of responsibility
Failure of computer servers managed by the Company, communication lines, systems and similar
The Company shall be exempted and released from any liability for default relating to the Service except in cases of willful or gross negligence. In such cases, the Company's liabilities shall be limited to:
the extent of damages that may normally occur; and
amounts equivalent to service charges or fees payable to the Company for the Service or an amount equivalent one month's charges or fees payable to the Company regarding provision of the Service for more than a month, if applicable.
The Company shall be indemnified and shall assume no responsibility for transactions, issues or disputes between the User and Other Parties in relation to the use of the Service, other than where the Company expressly states its responsibility for such.
Changes to the Terms of Service
Whenever the need arises, the Company may change the Terms of Service at its own discretion at any time without prior notification to the User. However, if such changes are expected to have a major impact on the User, the Company shall provide reasonable advance notice of such via the Website or any other website operated by the Company. Except as otherwise provided by the Company, changes to the terms of the Service shall be effective as of the time of such publication on the Website or any other website operated by the Company
Notification and contact
Users shall contact the Company via the Company's website inquiry page or the designated e-mail address. Responses to User inquiries shall in principle be by e-mail only.
Prohibition of assignment of rights and obligations
Users may not transfer the status of usage of the Service under the Terms of Service or rights and obligations associated with usage of the Service, either in part or in whole, to any third party without advance written consent from the Company.
Governing law and jurisdiction
Restrictions on application of the Terms of Service
Any provisions of the Terms of Service deemed contrary to relevant laws and regulations shall not apply to the User's use of the service to the extent necessary. In such cases, the validity of other provisions of the Terms of Service shall remain effective.
Inquiries regarding the Terms of Service
2940-1 Chabana, Yoron-cho, Oshima-gun, Kagoshima 891-9301 Japan
Effective as of August 12, 2021