Calc Ball Terms of Service

These terms and conditions govern your use of the “Calc Ball” app (hereinafter referred to as “the App”) provided by Micocode (“Team”). Please use this Application upon agreeing to these Terms.

The terms used in this Agreement are defined as follows

(1) The Application The Application operated by the Team and related applications.
(2)This website is a website that contains the related contents of this application.
(3) The Content is a collective term for text, sound, still, images, video, software programs, code, etc. (including posted information) provided on the App Service.
(4) Users All users of this application
(5) Personal information: General term for information that can identify an individual, such as an address, name, occupation, and telephone number.
(6) Registered Information General term for the information registered by registered users on this site (excluding posted information).
(7) Intellectual property Inventions, devices, new varieties of plants, designs, copyrighted works, and other items produced by human creative activities (including laws of nature or phenomena discovered or elucidated that have industrial applicability), trademarks, trade names, and other items indicating goods or services used in business activities, and trade secrets and other technical or business information useful in business activities.
(8) Intellectual Property Rights Patents, utility model rights, breeder’s rights, design rights, copyrights, trademarks, and other rights specified by law or rights pertaining to legally protected interests in intellectual property.

Consent to these Terms
1 Users may use the Application upon agreeing to these Terms of Use.
2 Upon downloading the Application to a smartphone or other information terminal and agreeing to these Terms of Use, the User and the Team shall be deemed to have entered into a contract for the use of the Application in accordance with the provisions of these Terms of Use.
3 In the event that the User is a minor, please use this Application with the consent of a person with parental authority or other legal representative.
4 If a minor user falsely assumes consent or uses this Application under the false pretense of age in spite of the absence of consent from a legal representative, or otherwise uses fraudulent means to make the user believe he or she is capable of acting, any legal action related to this Application cannot be revoked.
5 If a user who was a minor at the time of agreeing to this Agreement uses this Application after reaching the age of majority, the user shall be deemed to have acknowledged all legal acts related to this Application.

Change of Terms
1 Our team may, at any time and without the consent of the User, revise the contents of this Agreement, and the User agrees to accept such revisions without objection.

2 In the event that our team revises the Terms of Use, we will notify the User of such revisions in a manner designated by us.

Any amendment to this Agreement shall take effect at the time of notification by our team in accordance with the preceding paragraph.

4 The User shall be deemed to have agreed to the amended Terms of Service without objection at the time when the User uses the Application after the amendment of the Terms of Service.

Handling of Personal Information, etc.
Personal information and user information will be handled properly in accordance with the “Tashiten Privacy Policy”, which is set forth separately by our team.

Prohibited Acts
In using this Application, our team prohibits the following acts to the User. Our team reserves the right to take any action it deems necessary, including but not limited to the temporary suspension of the user’s use of the app, if it is deemed that the user has violated any of the prohibited items. 

(1) Infringing the intellectual property rights of our team or a third party
(2) Defaming, unfairly discriminating against or slandering the reputation or credibility of our team or a third party.
(3) Any action that infringes or may infringe on the property of our team or a third party. 
(4) Any action that causes financial damage to the team or a third party
(5) Threatening behavior toward our team or a third party
(6) The act of specifying or inducing computer viruses and harmful programs 
(7)Act of putting excessive stress on the infrastructure for the App. 
(8) Attacks on the site’s servers, systems and security 
(9) Attempting to access our application through a method other than the interface provided by our team.
(10) Any other actions that the team deems inappropriate.

1 Our team will not be responsible for any damage caused by the change, suspension, or termination of this application.
2 Our team shall not be involved in, and shall not be responsible for, the environment in which the Application is used by users.
3 Our team does not guarantee that this Application will meet the user’s specific purpose, have the expected functions, commercial value, accuracy, or usefulness, that the use of this Application will comply with the laws and regulations or internal rules of any industry organization applicable to the user, or that this Application will not cause any problems.
4 We do not guarantee that this Application is compatible with all information devices, and Users shall acknowledge in advance that malfunctions may occur in the operation of this Application due to upgrades of the OS of the devices used for this Application. Our team does not guarantee that in the event of such a problem, our team will be able to fix the program to resolve the problem.
5 The user acknowledges in advance that the use of all or part of this Application may be restricted due to changes in the terms of use and operational policies of app stores such as AppStore and Google Play.
6 Our team shall not be liable for any damages caused directly or indirectly to the user as a result of the use of this Application.
7 Our team will not be liable for any loss of opportunity, interruption of business, or any other damage (including indirect damage and lost profits) caused to you or any other third party, even if we have been notified of the possibility of such damage in advance.
8 The provisions of paragraphs 1 and 2 above do not apply if the Team is intentional or grossly negligent, or if the contract falls under the category of a consumer under the Consumer Contract Act.
9 Notwithstanding the application of the preceding paragraph, the Team shall not be liable for any damage caused to the User by an act of negligence (excluding gross negligence). 9 Even if the preceding paragraph applies, our team shall not be liable for any damages or losses caused by the user’s actions due to negligence (other than gross negligence) that are caused by special circumstances. 
10 In the event that our team is liable for damages in connection with the use of this application, our team shall be liable for compensation up to the amount of the usage fee received from the user in the month in which the damages occur.
11 Our team shall not be responsible for any disputes or problems between users and other users. Any dispute between a user and another user shall be resolved at the user’s own risk and no claim shall be made to our team.
12 If a User causes damage to another User or a dispute with a third party in connection with the use of this Application, the User shall compensate for such damage or resolve the dispute at their own cost and responsibility, and shall not cause any trouble or damage to the Team.
13 If a third party makes a claim against our team for damages or other compensation as a result of the User’s conduct, our team shall resolve the claim at the User’s expense (legal fees) and responsibility. In the event that our team pays compensation for damages to the third party, the User shall pay all costs (including legal fees and lost profits) including such compensation to our team.
14 If the User causes any damage to our team in connection with the use of the Application, the User shall compensate our team for such damage (including legal fees and attorney’s fees) at the User’s cost and responsibility.

You understand and agree that the Application may contain any and all advertisements and that our team or its partners may place any and all advertisements on the Application. The form and scope of advertisements in the Application may be changed by our team at any time. 

No Transfer of Rights
1 You may not transfer your position in these Terms and Conditions and your rights or obligations under these Terms and Conditions, in whole or in part, to any third party without the prior written consent of our team.
2 We may, at our discretion, transfer all or part of the Application to a third party, in which case all rights of the User, including the User’s account, shall be transferred to the transferee to the extent of the rights so transferred.

If any provision of this Agreement or any part of it is held invalid or unenforceable under the Consumer Contract Act or any other law or regulation, the remaining provisions of this Agreement and the remainder of any provision held invalid or unenforceable shall continue in full force and effect.

How to Contact the Team
Users shall contact our team regarding this Application by using the contact form provided in an appropriate location on this Application or the website operated by our team, or by using email or other means of communication.

Governing Law; Jurisdiction
1 The validity, interpretation and performance of these Terms of Use shall be governed by and construed in accordance with the laws of Japan.
2 The Kobe Summary Court or the Kobe District Court shall have exclusive jurisdiction over any disputes, lawsuits, and all other disputes between our team and the User, depending on the amount of the case.

October 10, 2020 Effective October 10, 2020