Terms of Service

This is an English translation provided for convenience. In case of any discrepancy, the Japanese original shall prevail. 日本語版

These Terms of Service (hereinafter, “these Terms”) set forth the terms and conditions for the use of the service “Kanau.app” (hereinafter, the “Service”) provided by Pentaprogram on this website. Registered users (hereinafter, “Users”) shall use the Service in accordance with these Terms.

Article 1 (Applicability)

1. These Terms shall apply to all relationships between Users and Pentaprogram relating to the use of the Service.
2. Pentaprogram may, in addition to these Terms, establish various rules regarding the Service, including rules for its use (hereinafter, the “Individual Provisions”). These Individual Provisions, regardless of their title, shall constitute a part of these Terms.
3. In the event that any provision of these Terms conflicts with any provision of the Individual Provisions set forth in the preceding paragraph, the provision of the Individual Provisions shall prevail, unless otherwise specifically provided in the Individual Provisions.

Article 2 (Registration)

1. With respect to the Service, registration shall be completed when an applicant for registration agrees to these Terms, applies for registration to use the Service by the method prescribed by Pentaprogram, and Pentaprogram approves such application.
2. Pentaprogram may refuse to approve an application for registration if it determines that the applicant falls under any of the following, and shall bear no obligation whatsoever to disclose the reasons therefor:
   1. Where the applicant has made a false statement in applying for registration;
   2. Where the application is made by a person who has previously violated these Terms; or
   3. Where Pentaprogram otherwise determines that the registration is not appropriate.

Article 3 (Management of User ID and Password)

1. Users shall, at their own responsibility, appropriately manage the User ID and password of the Service, or the equivalent information required for an OAuth connection.
2. Users may not, under any circumstances, transfer or lend their User ID and password to a third party, or allow a third party to share such information. Pentaprogram shall deem any login using a combination of a User ID and password matching the registered information to be use by the User who has registered that User ID.
3. Pentaprogram shall bear no responsibility whatsoever for any damage arising from the use of a User ID and password by a third party, except in cases where Pentaprogram is intentionally or grossly negligent.

Article 4 (Usage Fees and Payment Method)

1. Users shall pay the usage fees separately determined by Pentaprogram and displayed on this website, as consideration for the paid portions of the Service, by the method designated by Pentaprogram.
2. In the event a User delays payment of the usage fee, the User shall pay a late payment charge at the rate of 14.6% per annum.

Article 5 (Prohibited Matters)

Users shall not engage in any of the following acts in using the Service:

1. Acts that violate laws or public order and morals, or acts that risk doing so;
2. Acts related to criminal activity;
3. Acts that infringe copyrights, trademark rights, or other intellectual property rights contained in the content of the Service or otherwise included in the Service;
4. Acts that destroy or interfere with the functions of the servers or networks of Pentaprogram, other Users, or other third parties;
5. Acts of commercially exploiting information obtained through the Service;
6. Acts that may interfere with the operation of Pentaprogram’s services;
7. Unauthorized access, or attempts thereat;
8. Acts of collecting or accumulating personal information about other Users;
9. Acts of using the Service for improper purposes;
10. Acts that cause disadvantage, damage, or discomfort to other Users of the Service or other third parties;
11. Acts of impersonating another User;
12. Advertising, publicity, solicitation, or business activity on the Service that is not authorized by Pentaprogram;
13. Acts intended to seek encounters with members of the opposite sex with whom the User is not acquainted;
14. Acts of directly or indirectly providing benefits to antisocial forces in connection with Pentaprogram’s services;
15. Posting or publishing content that is discriminatory, violent, obscene, cruel, defamatory, slanderous, harassing, threatening, invasive of privacy, or otherwise deemed inappropriate under generally accepted social norms;
16. Posting or publishing false or misleading content; or
17. Any other act that Pentaprogram deems inappropriate.

Article 6 (Posting and Publication of Content by Users)

1. Users may post and publish content that they themselves have created on the Service (hereinafter, “Posted Content”) by the method prescribed by Pentaprogram.
2. Publication of Posted Content may only be performed by paid registered Users.
3. Copyright in the Posted Content shall, in principle, belong to the User who created such content. However, the User shall grant Pentaprogram a royalty-free, non-exclusive license to use the Posted Content (including reproduction, public transmission, and adaptation) for the purposes of the smooth operation, promotion, and improvement of the Service.
4. Users shall warrant that their Posted Content does not infringe the rights of any third party and does not violate public order and morals or any laws or regulations.
5. In publishing Posted Content, Users shall comply with these Terms as well as the Content Publishing Guidelines separately established by Pentaprogram (which constitute Individual Provisions as set forth in Article 1, Paragraph 2).

Article 7 (Monitoring and Removal of Posted Content)

1. If Pentaprogram determines that content posted or published by a User violates these Terms, Pentaprogram may take measures such as making such content, in whole or in part, private, deleting it, or modifying it, without prior notice.
2. Pentaprogram shall bear no responsibility whatsoever, even if a User suffers damage as a result of the measures set forth in the preceding paragraph.
3. Pentaprogram shall not be obligated to monitor or review Posted Content by Users, but may do so as necessary.

Article 8 (Suspension of Provision of the Service)

1. Pentaprogram may suspend or discontinue the provision of the whole or part of the Service without prior notice to Users if it determines that any of the following circumstances applies:
   1. When performing maintenance, inspection, or updates of the computer systems related to the Service;
   2. When provision of the Service becomes difficult due to force majeure such as earthquake, lightning, fire, power outage, or other natural disaster;
   3. When a computer or communication line has stopped due to an accident; or
   4. When Pentaprogram otherwise determines that provision of the Service is difficult.
2. Pentaprogram shall bear no responsibility whatsoever for any disadvantage or damage suffered by Users or third parties as a result of the suspension or discontinuation of the provision of the Service.

Article 9 (Restriction of Use and Deregistration)

1. Pentaprogram may, without prior notice, restrict a User’s use of the whole or part of the Service, or deregister the User, if the User falls under any of the following:
   1. Where the User has violated any provision of these Terms;
   2. Where it is discovered that there is a false statement in the registered particulars;
   3. Where there has been a failure to perform payment obligations such as fees;
   4. Where the User does not respond to a communication from Pentaprogram within a certain period of time;
   5. Where the User has not used the Service for a certain period of time since the last use; or
   6. Where Pentaprogram otherwise determines that the use of the Service is not appropriate.
2. Pentaprogram shall bear no responsibility whatsoever for any damage caused to a User by an act taken by Pentaprogram based on this Article.

Article 10 (Withdrawal)

Users may withdraw from the Service by the withdrawal procedure prescribed by Pentaprogram.

Article 11 (Disclaimer of Warranty and Exemption from Liability)

1. Pentaprogram does not warrant, either expressly or impliedly, that the Service is free from defects in fact or in law (including defects, errors, or bugs relating to safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, or security, and infringement of rights).
2. Pentaprogram shall bear no responsibility whatsoever for any damage arising to a User from the Service. However, this exemption provision shall not apply where the contract relating to the Service between Pentaprogram and the User (including these Terms) constitutes a consumer contract as defined in the Consumer Contract Act.
3. Even in the case set forth in the proviso to the preceding paragraph, Pentaprogram shall bear no responsibility whatsoever for damage arising from special circumstances (including cases where Pentaprogram or the User foresaw or could have foreseen the occurrence of such damage) among damage caused to a User due to a default or tort attributable to Pentaprogram’s negligence (excluding gross negligence). Furthermore, compensation for damage caused to a User due to a default or tort attributable to Pentaprogram’s negligence (excluding gross negligence) shall be limited to the amount of the usage fee received from the User for the month in which such damage occurred.
4. Pentaprogram shall bear no responsibility whatsoever for any transaction, communication, or dispute arising between a User and another User or a third party in connection with the Service.

Article 12 (Changes to Service Content, etc.)

Pentaprogram may change the content of the Service or discontinue the provision of the Service without notifying Users, and shall bear no responsibility whatsoever for any damage caused to Users as a result thereof.

Article 13 (Changes to the Terms of Service)

Pentaprogram may amend these Terms at any time without notifying Users, whenever Pentaprogram determines it necessary to do so. If a User uses the Service after the amendment of these Terms, the User shall be deemed to have agreed to the amended Terms.

Article 14 (Handling of Personal Information)

Pentaprogram shall appropriately handle personal information obtained through the use of the Service in accordance with Pentaprogram’s “Privacy Policy.”

Article 15 (Notice or Contact)

Notices or communications between Users and Pentaprogram shall be made by the method prescribed by Pentaprogram. Unless a User submits a change of contact information in accordance with the method separately prescribed by Pentaprogram, Pentaprogram shall deem the currently registered contact information to be valid and shall send notices or communications to such contact information, and such notices or communications shall be deemed to have reached the User at the time of transmission.

Article 16 (Prohibition of Assignment of Rights and Obligations)

Users may not assign or provide as security their position under the usage agreement or any rights or obligations under these Terms to any third party without the prior written consent of Pentaprogram.

Article 17 (Governing Law and Jurisdiction)

1. The interpretation of these Terms shall be governed by the laws of Japan.
2. In the event a dispute arises in connection with the Service, the court having jurisdiction over the location of Pentaprogram shall have exclusive agreed jurisdiction.

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