Terms of Use
These Terms of Use (hereinafter referred to as “these Terms”) are intended to stipulate the contractual conditions related to the use of the services provided by AsoBoys Inc. (hereinafter referred to as “the Company”) as described in Article 5. These Terms constitute the content of the agreement (hereinafter referred to as “this Agreement”) established between the Company and users (hereinafter referred to as “Users”) who utilize the services. Prior to the provision of the services, Users must review and agree to the content of these Terms. If a User does not agree to these Terms, the services cannot be used. Furthermore, by using the services, Users are deemed to have reviewed and agreed to the content of this Agreement. The original version of these Terms is in Japanese, and in the event of any discrepancy between the Japanese version and translations into other languages, the Japanese version shall prevail.
Article 1 – Agreement to the Terms and Establishment of This Agreement
1 In these Terms, the “services” refer to the services related to “Chatty” (known as “話してスッキリ” in the Japanese version) provided by the Company to Users (refer to Article 5). Those wishing to use the services (hereinafter referred to as “Applicants”) shall apply for the use of the services in the manner prescribed by the Company. Users shall prepare, at their own expense and responsibility, the necessary personal computers, mobile phones, smartphones, other communication devices, and communication environments required to use the services.
2 If Applicants are minors or equivalent, they must apply for and use the services with the consent of their legal guardians.
3 Applicants guarantee the following to the Company at the time of application:
(1) The application for this Agreement is made based on the free will of the Applicant.
(2) The Applicant has reviewed these Terms and agreed to their application.
(3) All information declared to the Company by the Applicant is accurate and without error.
(4) The Applicant has never violated these Terms of Use or any contract with the Company in the past.
(5) The Applicant does not belong to or associate with antisocial forces (such as organized crime groups, members of organized crime groups, quasi-members of organized crime groups, companies related to organized crime groups, corporate extortionists, social movement activists, special intelligence organized crime groups, or other equivalent individuals or groups) at the time of application or within the past five years.
4 The Company may, at its discretion, refuse an application for the use of the services from an Applicant without the obligation to explain the reason for such refusal.
5 This Agreement between both parties (hereinafter referred to as “this Agreement”) is established when the acceptance of the Applicant’s application by the Company reaches the Applicant. After the establishment of this Agreement, the Applicant is referred to as a User.
Article 2 – Application and Amendment of the Terms
1 The Company may establish detailed rules for these Terms within the scope of the purpose of the services, as deemed necessary by the Company, and these detailed rules shall include “Guidelines” and other detailed rules established by the Company. In the event of any discrepancy or conflict between the provisions of these Terms and the detailed rules, the contents of the detailed rules shall prevail. In these Terms, the term “these Terms” or “this Agreement” shall include the detailed rules.
2 The Company may amend this Agreement and these Terms within the scope not contrary to the purpose of this Agreement and these Terms at its discretion. When the Company amends these Terms, the Company shall notify Users of the amendment to these Terms, the content of these Terms after the amendment, and the effective date of the amendment, at least one month prior to the effective date of the amendment. However, in case of urgent amendments, the Company may shorten the notification period or notify after the fact.
3 If a User uses the services after receiving the notification of amendment mentioned in the preceding paragraph, it shall be deemed that the User has agreed that these Terms after the amendment shall apply to the subsequent use of the services and that the content of this Agreement has been amended accordingly.
4 The Company may amend these Terms in accordance with the conditions prescribed by laws and regulations, and in such cases, the Company shall make the amendment to these Terms effective in accordance with the conditions prescribed by laws and regulations.
Article 3 – Account
1 Users must register their user information and create an account for the use of the services. In this case, Users shall register true, accurate, and complete information and modify it to keep it up-to-date at all times.
2 Users shall strictly manage their ID, password, and other authentication information (hereinafter referred to as “Authentication Information”) at their own responsibility to prevent unauthorized use when using the services. The Company may consider actions taken using the registered Authentication Information of Users as actions of the Users themselves, and the Company shall not be responsible for any use by third parties.
3 Users who have registered for the services may delete their accounts at any time to terminate the use of the services and end this Agreement.
4 The Company may delete User accounts that have not been used for more than one year since the last access, without any notification to Users, and Users shall not object to this.
5 The rights of Users with respect to the services and the Company shall cease upon the deletion of their accounts, regardless of the reason.
6 The account for the services and all rights of Users in the services are granted solely to the Users, and cannot be lent, transferred, or otherwise disposed of to others, including for inheritance.
Article 4 – Service Fees
The use of the services is partially chargeable. Users who use chargeable services shall pay the service fees set by the Company according to the usage fee and various service contents (hereinafter collectively referred to as “Service Fees, etc.” regardless of the name). Payment shall be made by the payment method specified by the Company. Service Fees, etc., paid to the Company by Users shall not be refunded, except as specifically provided otherwise.
Article 5 – Provision of Services
1 The details of the services are as described on our company’s website.
2 The Company may limit the provision of all or part of the services to Users who meet certain conditions determined necessary by the Company, such as specified gender (either male or female only), age, whether registration information is provided, etc.
Article 6 – No Warranty
The Company does not expressly or impliedly warrant that the services are free from defects or malfunctions (including defects related to security, errors or bugs, and infringement of rights), nor does it warrant the safety, reliability, accuracy, completeness, effectiveness, or fitness for a particular purpose of the services. The Company is not obliged to correct such defects or malfunctions to provide the services.
Article 7 – Changes and Interruption of Services
1 The Company may change all or part of the services at any time without notice to Users if deemed necessary by the Company. However, in the case of significant changes to the services, the Company shall notify Users in advance before making such changes, but in urgent cases, the Company may notify after the fact.
2 The Company may suspend the provision of all or part of the services without notice to Users if one of the following applies, and if the suspension is planned in advance, the Company shall notify Users at least two weeks in advance. In cases where prior notification is not possible, the Company shall promptly notify Users after the fact.
(1) When conducting maintenance, inspection, or repair of the system.
(2) When the provision of the services becomes impossible due to force majeure such as natural disasters, wars, interruption of communication lines, labor disputes, etc.
(3) When a system failure occurs in the services or when access to the system is concentrated, causing a load.
(4) To ensure the life, body, property, or safety of Users or third parties or in cases of emergency for public interest.
(5) In other cases reasonably deemed necessary by the Company for suspension.
Article 8 – Termination of the Provision of Services
The Company may terminate the provision of all or part of the services at any time for any reason at its discretion. In this case, the Company shall notify Users of the termination of the provision of the services at least 60 days before the termination date. However, in urgent cases, the Company may shorten this notification period.
Article 9 – Reporting to the Company and Prohibited Acts
1 Users shall promptly report to the Company if they encounter any acts or responses by other Users or others contacted through the services that violate the “Guidelines”.
2 The Company prohibits Users from engaging in the following acts (including acts that may lead to such acts) when using the services:
(1) Acts prohibited by the “Guidelines” (Rules) or acts indicated by the Company as undesirable, or acts that violate any provision of these Terms.
(2) Acts that violate applicable laws, judicial decisions, orders, or administrative measures.
(3) Acts that infringe on intellectual property rights, rights of publicity, privacy rights, or other legal or contractual rights of the Company or third parties.
(4) Impersonating the Company or third parties or disseminating false information.
(5) Engaging in transactions of the rights to use the services for cash, property, or other economic benefits without the Company’s permission or by methods other than those specified by the Company.
(6) Business activities, advertising, solicitation, or other profit-oriented activities (excluding those approved by the Company), harassment, nuisance, defamation of other Users, or using the services for purposes different from those intended by the services.
(7) Providing benefits to or cooperating with antisocial forces.
(8) Acts of solicitation for religious activities or religious organizations, political activities, network business, multi-level marketing, pyramid schemes, product sales, dating services, marriage consultation, and similar business models or solicitation for such activities, regardless of whether they are for profit or not.
(9) Collecting, disclosing, or providing personal information, registration information, etc., of others without proper authorization, as well as disclosing or providing false information.
(10) Acts that cause trouble to the service’s servers or network systems, or manipulating the services in an unauthorized manner.
(11) Reverse engineering, decompiling, or otherwise attempting to discover the source code of the services.
(12) Disseminating rumors, using deception, exerting undue influence, or other improper means to harm the Company’s reputation, making unreasonable inquiries or demands to the Company, or otherwise interfering with the operation of the services by the Company or the use of the services by other Users.
(13) Acts that are contrary to public order and morality.
(14) Acts similar to any of the above.
Article 10 – Services by Third Parties Other Than the Company
1 The use of the services may introduce services provided by third parties other than the Company. Responsibility for such services lies with the third parties providing them, and the terms of use and other conditions set by those third parties may apply to the use of their services. The Company is not involved in, and is not responsible for, any contracts or transactions between Users and third-party service providers unless otherwise expressly agreed by the Company.
2 If part or all of the services are provided depending on services offered by third parties other than the Company, the provision of part or all of the services may be suspended, discontinued, or terminated according to the provision status of such third-party services, and the Company is not responsible for such suspension, discontinuation, or termination.
Article 11 – Use of User Data
The Company may use User Data during and after the term of this Agreement for the following purposes:
(1) To improve, enhance, enrich, and consider adding to the services and related apps, and for the development of new business.
(2) To broadcast advertisements and information that may be of interest to Users (however, information that uniquely identifies individual Users will not be used).
2 Users grant the Company an indefinite, non-exclusive, and royalty-free license to use, reproduce, modify, disclose, and otherwise use or utilize User Data within the scope of the purposes in the preceding paragraph and to the extent permitted by law. If Users do not have the proper authority to grant such a license, they must obtain the authority from the rights holder.
3 Users will not exercise, nor allow the rights holder to exercise, moral rights (including copyright personality rights) with respect to User Data.
Article 12 – Management of User Data
1 The Company will manage User Data as a prudent administrator and will not disclose it to third parties except as required by law or as permitted by these Terms or the Company’s Privacy Policy.
2 Users are responsible for backing up User Data stored in the Company’s environment.
3 The Company may delete User Data 30 days after the cessation or termination of the provision of the services or the termination of this Agreement.
After this period, the Company is not obligated to make User Data accessible or usable to Users.
4 The Company may immediately delete User Data without prior notice to Users if it is deemed illegal by law, considered inappropriate by the Company, or if Users violate the prohibited acts specified in these Terms.
Article 13 – Information on Usage Status
The Company may use or utilize data related to the usage status, frequency of use, load on the Company’s environment, and other data related to the use of the services by Users (excluding data that can identify individual Users) for improving, enhancing, enriching, and considering additions to the services and related apps, for the development of new business, for obtaining or publishing statistics, or for the purpose of business alliances with other companies.
Article 14 – Personal Information and Confidentiality
1 The Company will handle the application content for the services and User Data that contain personal information as defined by the Personal Information Protection Law (hereinafter referred to as “Personal Information Protection Law”) or other information related to individuals or pseudonymized information, etc., under the Personal Information Protection Law (hereinafter referred to as “Privacy Information”) in accordance with the Company’s Privacy Policy (https://asoboys.com/privacy).
2 In the event of a report, the Company may, at its discretion, forcibly terminate the account of the reported User without notifying the User.
3 When Users declare information to the Company in using the services, if such information includes Privacy Information of Users, Users guarantee the Company the following facts are accurate and true:
(1) Users have the proper authority under the Personal Information Protection Law and other applicable laws to acquire and provide their Privacy Information to the Company.
(2) Users are complying with the Personal Information Protection Law and other applicable laws (including obtaining consent from the person whose information is being held, as required by the Personal Information Protection Law).
(3) Users will take all necessary steps at their own expense and responsibility to comply with the Personal Information Protection Law and other applicable laws.
4 Users shall keep confidential any personal information and other information of other Users and non-Users (hereinafter collectively referred to as “Third Party Information”) obtained through the use of the services or related to the services, and shall not disclose or leak such Third Party Information to any third party without the prior written consent of the rights holder of such Third Party Information. Furthermore, without the prior written consent of the rights holder, Users shall not use, copy, distribute, or otherwise handle Third Party Information in any manner, nor provide it to an unspecified large number of people through social media, bulletin boards, or other websites.
5 The confidentiality obligations set forth in this Article shall continue to apply after the cancellation of User registration, as long as such information remains confidential.
6 Users who violate the confidentiality obligations shall be liable for damages as set forth in Article 18.
Article 15 – Termination of This Agreement by the User
Users may terminate all or part of this Agreement at any time during the contract period by following the procedures specified by the Company.
Article 16 – Termination of This Agreement by the Company
1 If a User falls under or is likely to fall under any of the following items, the Company may take necessary and appropriate measures as deemed by the Company, including suspension of use of all or part of the services, suspension or forced withdrawal of the account, deletion of the account, termination of this Agreement and other contracts between the User and the Company, without notice to the User:
(1) If the User violates any applicable laws or any provision of these Terms.
(2) If there is a breach of the warranties set forth in Article 1, Paragraph 3.
(3) If the User engages in the prohibited acts specified in Article 9 and acts that the Company has indicated it wishes not to be performed by the User.
(4) If the User is subject to a provisional attachment, provisional disposition, seizure, auction petition, or if there is a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or similar proceedings, or if the Company reasonably determines that there is a credit concern regarding the User.
(5) If the relationship of trust with the User is lost or if the Company reasonably determines that providing the services to the User is not appropriate.
(6) If the Company transfers the business related to the services to a third party under the provisions of Article 22 and the User does not consent to the transfer of User information (including personal information) from the Company to the third party.
2 If a User causes direct or indirect damage to the Company (including the burden of attorney fees) arising from the use of the services by the User, the User shall compensate for all damages upon the Company’s request.
Article 17 – Disclaimer of the Company
1 Except in cases attributable to the Company’s intentional or gross negligence, the Company shall not be liable for any damages incurred by Users arising from or in connection with the use of the services. However, if the contract between the User and the Company regarding the services constitutes a consumer contract as defined in the Consumer Contract Law (hereinafter referred to as “Consumer Contract”), the Company shall be liable for damages due to the Company’s negligence (excluding gross negligence) for non-performance of obligations or torts, but only within the scope of ordinary damages and up to the amount of service fees, etc., paid by the User to the Company for the use of the chargeable services.
2 If the User suffers damage due to the Company’s intentional or gross negligence, the Company shall be liable for compensation within the scope of ordinary damages.
3 Even if part or all of the services are provided depending on services offered by third parties other than the Company and the provision of part or all of the services is suspended, discontinued, or terminated according to the provision status of such third-party services, the Company shall not be responsible.
Examples of Cases Where the Company is Not Liable:
- Damage incurred by Users due to disclosure of their personal information, such as names, personal contacts, addresses, etc., to other Users through the use of the services.
- Damage incurred by Users due to other Users leaking conversation content or exchanged information.
- Other damages related to personal, mental harm or distress incurred by Users from other Users through the use of the services.
- Cases where the Company is exempt from liability as specified in these Terms.
Article 18 – Compensation for Damages
Users who violate any provision of these Terms and cause damage to the Company or other Users shall compensate for such damage.
Article 19 – Relationship between These Terms and Laws
If any provision of these Terms is determined to be in violation of applicable laws, such provision shall be deemed as not having been part of the agreement between the Company and the User from the beginning, and the rest of the agreement shall remain valid between both parties.
Article 20 – Methods of Communication
1 Communication from the Company to Users regarding the services will be conducted through postings on the services or the Company’s website (including linked pages, hereinafter the same), or by any other method deemed appropriate by the Company.
2 Communication from Users to the Company regarding the services should be made through the inquiry form on the services or the Company’s website, or by any other method specified by the Company.
Article 21 – Prohibition of Transfer of Contractual Status
1 Without the prior written consent of the Company, Users may not transfer, provide as collateral, or dispose of in any other manner, all or part of their rights and obligations under this Agreement, including through inheritance, company division, merger, or any other form of comprehensive succession.
2 Any transfer or provision of collateral in violation of the preceding paragraph shall not be effective between the User and the Company.
Article 22 – Business Transfer by the Company
The Company may dispose of all or part of the business related to the services to a third party, and in such case, may also dispose of all or part of the rights and obligations under this Agreement to such third party. In this case, the third party shall inherit all information about Users (including personal information) from the Company, and Users shall consent in advance to the transfer of such User information. The provision of services to Users who do not consent to the transfer will be terminated.
Article 23 – Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Japan, with the Japanese language version being the official text. Any disputes arising from or related to the use of the services between Users and the Company shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
Established on March 21, 2024