Terms of Service

Article 1: Scope and Overview of the Service

  1. These terms and conditions (hereinafter referred to as "Terms") govern the provision and use of CodeBreath (hereinafter referred to as "the Service"), defining the rights and obligations between Yuki Tanaka (hereinafter referred to as "the Developer") and the registered users. This includes all relationships related to the use of the Service.
  2. The rules regarding the use of the Service, as posted on codebreath.dev constitute a part of these Terms.
  3. In the event of any discrepancy between the contents of these Terms and the rules or other descriptions of the Service outside these Terms, the provisions of these Terms shall prevail.

Article 2: Definitions

  1. "Service Agreement" refers to the usage contract for CodeBreath, established between the developer, Yuki Tanaka, and the registered user, governed by these Terms of Service.
  2. "Intellectual Property Rights" encompass copyrights, patent rights, utility model rights, design rights, trademarks, and other forms of intellectual property rights, including rights to apply for registrations and acquisitions of these rights.
  3. "User Content" denotes any content, including texts, images, videos, and other forms of data, shared or transmitted by registered users through CodeBreath.
  4. "The Developer" specifically refers to Yuki Tanaka, who owns and operates CodeBreath.
  5. "Developer's Website" is the website managed by Yuki Tanaka for CodeBreath, the domain of which is specified in the service provision (including changes to the site's domain or content for any reason).
  6. "Registered User" is an individual or entity that has successfully registered to use CodeBreath as per the registration process outlined.
  7. "The Service" pertains to CodeBreath as developed and maintained by Yuki Tanaka, which may undergo name or content changes over time.

Article 3: Registration

1. Registration Process

  1. Consent of Applicants: Individuals wishing to use the Service ("Applicants") agree to these Terms and provide necessary information ("Registration Information") as specified by the Developer to apply for service usage.
  2. Approval of Registration: The Developer will evaluate the provided Registration Information according to its standards. If approved, the Developer will notify the applicant, completing the registration process.
  3. Establishment of Service Agreement: Upon completion of registration, a Service Agreement is established between the Registered User and the Developer, enabling the Registered User to utilize the Service in accordance with these Terms.

2. Denial of Registration

The Developer reserves the right to deny registration or re-registration if the applicant:

  1. Provides false, incorrect, or incomplete Registration Information.
  2. Is a minor, adult ward, person under curatorship, or person under assistance and has not obtained consent from a legal representative, guardian, curator, or assistant.
  3. Is determined by the Developer to be associated with anti-social forces, or involved in sustaining, operating, or managing through funding or other engagements with such forces.
  4. Has violated contracts with the Developer in the past or is associated with such individuals.
  5. Has previously been subjected to measures outlined in Article 10.
  6. Is deemed inappropriate for registration by the Developer for any other reason.

Article 4: Changes to Registration Information

The Registered User shall promptly notify the Developer of any change to the Registration Information in the manner as prescribed by the Developer.

Article 5: Management of Account Information

  1. Responsibility for Account Management: Registered Users are responsible for managing their account information (such as usernames) with the Service and must not allow, lend, transfer, change ownership, or sell their account details to third parties.
  2. Security Measures: Registered Users shall take appropriate measures to ensure the security of their account.
  3. Liability for Damage: Registered Users are liable for any damages resulting from inadequate management, misuse, or third-party use of their account information.
  4. Obligation to Report Unauthorized Use: If there is a possibility that account information has been used unauthorizedly, Registered Users must immediately report the incident to the Developer and follow the Developer instructions.

Article 6: Fees and Payment Methods (Revised Edition)

  1. Pricing Structure:
    • The Service offers both a free plan and paid subscription options. Registered Users who opt for a paid plan are obligated to pay the fees as specified. Details regarding fees and payment conditions are explicitly stated on our website.
  2. Payment Methods:
    • Fees shall be paid using methods specified by the Developer, including but not limited to credit cards and electronic money.
  3. Late Payment Charges:
    • Should payment not be completed by the due date, Registered Users will incur late payment charges. The specific rate for such charges will be detailed on our website.
  4. Service Changes:
    • During the beta version offering period, only the free plan will be available. Should paid plans be introduced following the official release, Registered Users will be notified in advance.

Article 7: Prohibited Actions

When using the Service, the Registered User may not conduct any act that falls under, or is determined by the Developer to fall under, any of the following:

  1. acts that violate any laws or regulations or that are associated with criminal activity;
  2. acts that defraud or threaten the Developer, other Registered Users or other third parties;
  3. acts against public order and good morals;
  4. acts that infringe any IP Rights, portrait rights, privacy rights, reputation or other rights or interests of the Developer, other Registered Users or other third parties;
  5. acts to transmit through the Service to other Registered Users any information or data that falls under, or is determined by the Developer to fall under, the information or data that:
    • contains excessively violent or cruel content;
    • contains computer viruses or other hazardous computer programs;
    • contains content that damages the reputation or the credit of the Developer, other users of the Service or other third parties;
    • contains excessively indecent content;
    • contains content that encourages discrimination;
    • contains content that encourages suicide or self-mutilation;
    • contains content that encourages drug abuse;
    • contains antisocial content;
    • is intended to be distributed to third parties, including but not limited to chain mails; or
    • contains content that causes uncomfortable feelings to third parties.
  6. acts that place an excessive burden on the network or system of the Service;
  7. acts to reverse-engineer or otherwise analyze the software or other systems provided by the Developer;
  8. acts that are likely to interrupt the operation of the Service;
  9. acts to access the network or system of the Developer improperly;
  10. acts to impersonate a third party;
  11. acts to use the user ID or password of other users of the Service;
  12. acts of exploitation, advertisement, soliciting or marketing through the Service without the Developer's prior consent;
  13. acts to collect information of other users of the Service;
  14. acts that cause disadvantage, damage or uncomfortable feelings to other users of the Service or other third parties;
  15. acts that violate the Rules;
  16. acts to provide Antisocial Forces with profit;
  17. acts that are intended to meet unacquainted persons of the opposite sex;
  18. acts that, directly or indirectly, cause or facilitate the acts listed in Items (1) through (17) above;
  19. attempting to conduct any of the acts listed in Items (1) through (18) above; or
  20. other acts that the Developer deems to be inappropriate.

Article 8: Suspension of the Service

The Developer shall be entitled to, without any advance notice to the Registered User, suspend or discontinue the Service, in whole or in part, in the event that:

  1. Inspection or maintenance of the computer system for the Service needs to be performed due to urgent circumstances;
  2. The Developer becomes unable to provide the Service due to error in computers or communication lines, wrong operation, excessively concentrated access, unauthorized access, hacking or the like;
  3. The Developer becomes unable to provide the Service due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damage, power blackout and other natural disasters; or
  4. The Developer determines that suspension or discontinuance is required for other reasons.

Article 9: Attribution of Rights

  1. Any and all IP Rights related to the Website and the Service are expressly reserved by the Developer or its licensor. Nothing contained herein shall be construed as granting to the Registered User a license of the IP Rights related to the Website and the Service owned by the Developer or its licensor.
  2. The Registered User hereby represents and warrants to the Developer that it has lawful rights to post or otherwise transmit the Posted Data, and that the Posted Data so posted or transmitted does not infringe any third party's rights.
  3. The Registered User hereby grants to the Developer a worldwide, non-exclusive, royalty-free, sublicensable and transferrable license to use, reproduce, distribute, create derivative works of, display and execute the Posted Data. In addition, the Registered User (the "Granting Registered User" in this Paragraph 3) hereby grants to the other Registered Users a non-exclusive license to use, reproduce, distribute, create derivative works of, display and execute the Posted Data posted or otherwise transmitted by the Granting Registered User through the Service.
  4. The Registered User hereby agrees not to exercise moral rights against the Developer or any other person to which the Developer has transferred or granted the relevant rights.

Article 10: Cancellation of Registration, etc.

  1. If any of the following events arises in relation to a Registered User, the Developer may, without prior notice or demand, (i) delete, or suspend the display of, the Posted Data, (ii) temporarily suspend the use by the Registered User of the Service, or (iii) cancel the Registered User's registration as such:
    • The Registered User fails to comply with any of the provisions hereof;
    • Any of the Registration Information is found to be false;
    • The Registered User undergoes payment suspension or becomes insolvent, or a petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or other similar procedure was filed against the Registered User;
    • The Registered User has not used the Service for [6] months or more;
    • The Registered User has not responded to inquiries from the Developer or other communications requiring a response for [30 days] or more;
    • The Registered User falls under any of Items of Paragraph 4 of Article 3; or
    • It is determined to be inappropriate by the Developer that the Registered User continues to use the Service or to be registered as a Registered User.
  2. In any of the events set forth in Items of the preceding Paragraph, all amounts owed to the Developer by the Registered User shall automatically become due and payable, and the Registered User shall immediately pay to the Developer such amounts in full.

Article 11: Withdrawal

  1. The Registered User may withdraw from the Service and cancel its registration as a Registered User by completing the procedure as specified by the Developer.
  2. Upon withdrawal from the Service, any and all debt of the Registered User to the Developer, if any, shall automatically become due and payable, and the Registered User shall immediately pay to the Developer such debts in full.
  3. Treatment of user information after the withdrawal from the Service shall be subject to the provisions of Article 15.

Article 12: Changes and Termination of the Service

  1. The Developer shall be entitled to at any time modify or terminate the Service in its own discretion.
  2. The Developer shall notify in advance the Registered User of any intended termination by the Developer of the Service.

Article 13: Disclaimer of Warranty and Limitation of Liability

  1. THE DEVELOPER MAKES DOES NOT MAKE WARRANTIES, EXPRESS OR IMPLIED, (i) that the Service fits or is suitable for a particular purpose contemplated by the Registered User, (ii) that the Service has expected functions, commercial value, accuracy or usefulness, (iii) that the use by the Registered User of the Service complies with the laws and regulations or internal rules of industrial organizations that are applicable to the Registered User, or (iv) that the Service will be free of interruption or defects.
  2. The Developer shall not be liable for the damages incurred by the Registered User in relation to the Service in excess of the amount of the consideration paid by the Registered User to the Developer for the immediately preceding [12 months]. UNDER NO CIRCUMSTANCES SHALL THE DEVELOPER BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR FUTURE DAMAGES, OR LOST PROFITS.
  3. Any transactions, communications and disputes arising between the Registered User and other Registered Users or a third party in connection with the Service or the Website shall be addressed and resolved by the Registered User at its responsibility.

Article 14: Confidentiality

The Registered User shall keep confidential any and all non-public information disclosed in relation to the Service by the Developer to the Registered User for which the Developer, at such disclosure, requires the Registered User a confidential treatment, unless the Registered User has obtained the prior written approval from the Developer.

Article 15: Handling of User Information

  1. Treatment by the Developer of the Registered User's information shall be subject to the provisions of our Privacy Policy, which is separately prescribed, and the Registered User hereby agrees to treatment by the Developer of the Registered User's information pursuant to such Privacy Policy.
  2. The Developer may, in its sole discretion, use or make public any information or data provided by the Registered User to the Developer as statistical information in a form that cannot identify an individual, and the Registered User may not raise any objection to such use or publication.

Article 16: Amendment of These Terms

The Developer reserves the right to amend or change the Terms when the Developer finds it necessary. In the event of any amendment or change to the Terms, the Developer shall inform the effective time and content of the amended or changed Terms by posting on the Website or other appropriate way, or notify the Registered User of the same. Notwithstanding the foregoing, the Developer shall obtain the Registered User's consent in a manner specified by the Developer for the amendment or change of the Terms that requires such consent under the applicable laws.

Article 17: Communication/Notification

  1. Any communications or notices from the Registered User to the Developer, including but not limited to inquiries with respect to the Service, and any communications or notices from the Developer to the Registered User, including but not limited to notices concerning any amendment to the Terms shall be made in accordance with the procedures specified by the Developer.
  2. Any communication or notice made by the Developer that is addressed to the e-mail address included in the Registration Information of a Registered User shall be deemed to be received by the Registered User.

Article 18: Assignment of Service Use Contract Position, etc.

  1. The Registered User shall not assign, transfer, grant security interests on or otherwise dispose of the Service Agreement or its rights or obligations under the Terms without the prior written consent of the Developer.
  2. In cases where the Developer transfers the business regarding the Service to a third party, the Developer may, as part of such transfer, assign to the third party the Service Agreement, the rights and obligations of the Developer under the Terms, and the Registration Information and other information relating to the Registered User, and the Registered User hereby agrees to such transfer in advance. The business transfer referred to above in this Paragraph shall include, in addition to the usual form of business transfer, a Developer split or any other form that would result in a business transfer.

Article 19: Severability

If any provision of the Terms or a part thereof is held to be invalid or unenforceable under Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof or the remaining portion of the provision held invalid or unenforceable in part shall remain in full force and effect.

Article 20: Governing Law and Jurisdiction

  1. The Terms shall be governed by the laws of Japan without regard to conflict of laws principles.
  2. Any and all disputes arising out of or in connection with the Terms or the Service Agreement shall be submitted to the exclusive jurisdiction of the Tokyo District Court of Japan in the first instance.

The Terms shall be executed in the Japanese language. Japanese shall be the governing language and any translation of the Terms into any other language is for convenience of reference only and shall not bind the parties hereto.

[Prescribed on 03/09/2024]

[Revised on 03/09/2024]