Terms of Service

These Terms of Use ("Terms") govern the use of Tenbin (the "Service") by Sho Kosaka ("Service Provider"). If the user does not agree to the Terms, the user may not use the Service. If users register for the Service, users agree to the Terms.

Article 1 (Contents of the Service)

The Service does the following

  • Other users can review the images uploaded by users and view the results.

  • The Service is intended for general users.

  • Users shall not use the Service for any purpose other than those listed above.

Article 2 (Scope of Application)

  1. This Agreement is applicable to all users of the Service and users shall comply with this Agreement.

  2. The Terms apply to users who use the smartphone application provided by the Service (the "Application").

  3. User's right to use the Application is non-exclusive and may not be used by a third party through sublicense, assignment, or succession of contractual status.

Article 3 (Modification and Discontinuance of the Application)

The Service Provider may change, add, improve, or discontinue all or part of the contents of the Application at any time without prior consent of the users.

Article 4 (Changes to the Terms)

Service Provider may change, delete, suspend, or discontinue the Terms without the user's consent. If users use the app after the change, the users will be deemed to have agreed to the modified Terms. Please check the latest content on the Application when using the Service.

Article 5 (Provision of the Service)

  1. The Service is provided by the Service Provider to the users with the specifications set by the Service Provider, for a period of time and within the scope permitted by the Service Provider.

  2. User shall be responsible for all communication charges and other costs incurred in using the Service.

  3. This Agreement shall become effective when the user installs the Application on his/her smartphone and starts using the Service.

Article 6 (Fees)

The Service shall be available free of charge. However, the following actions are charged.

  • Purchase of coins.

Article 7 (Precautions for Use)

  1. If the terminal cannot connect to the network due to moving to a location outside of the network connection area, such as a building or underground, while using the Service, some or all of the functions of the Service may become unavailable.

  2. Users are responsible for managing the "login ID" and "password" for using the Service. Service Provider shall not be held responsible for any damages caused by a third party using the user's "login ID" and "password".

Article 8 (Display of Advertisements)

Service Provider may post advertisements on the Service at their discretion, and users shall agree to this in advance.

Article 9 (Intellectual Property)

The copyrights and other intellectual property rights (hereinafter referred to as "copyrights") associated with the Service are the property of the Service Provider or third parties who have the rights to the copyrights in question. The use of the Service by the user does not constitute a transfer of any rights to the user.

Article 10 (Copyright of Images Provided by Service Provider)

Copying, transferring or editing the images provided by the Service Provider is strictly prohibited. Unauthorized use of these images is not allowed, even if it is not for commercial purposes.

Article 11 (Personal Information)

  1. When Service Provider obtains user's personal information, Service Provider is able to store it for a period of time necessary to ensure the smooth provision of the Service.

  2. Service Provider shall stipulate the handling of user's personal information in this Agreement as well as in the "Privacy Policy" separately stipulated by Service Provider.

  3. Service Provider may use the information obtained through the use of the Service (e.g., date and time of use of the Application, location and date and time of photo shoot, etc.) in a manner that does not allow for identification of the individual for the purpose of the Service, its related services, or Service Provider's other business. (Preparation, etc.).

Article 12 (Support)

Inquiries to Service Provider are accepted via email. As a general rule, Service Provider will reply to users’ inquiry by e-mail as well.
In some cases, it may take from several days to several weeks for Service Provider to respond to user's inquiries, etc. In some cases, Service Provider may not be able to respond to user's inquiries. In some cases, Service Provider may not be able to respond to users’ inquiry.
Service Provider's e-mail responses to user's inquiries are sent to the user for the purpose of replying to the user, and the user is prohibited from using all or part of the e-mail responses from Service Provider for any other purpose.

Article 13 (Deletion of Content)

In the event that Service Provider determines that any of the images, videos, information, text, or other content registered or provided by users falls under any of the following categories, Service Provider shall be able to delete said content without prior notice to users.
(1) When it is necessary for the maintenance management and proper operation of the Service
(2) When the capacity of the information exceeds the specified storage capacity of the Service Provider's equipment.
(3) When the content of the information, etc. is related to prohibited acts
(4) If it has been more than one year since a user’s last login
(5) If users make a post comparing themselves to others
(6) When users make a post that compares others to each other
(7) If users post or upload an image that is disparaging to someone else.
(8) In other cases where the Service Provider determines that it is inappropriate from an ethical or socially acceptable perspective.

Article 14 (Change, Suspension or Discontinuance of Service)

  1. Service Provider may make changes to all or part of the Service at any time. Service Provider shall not be responsible for any damages to users caused by these changes.

  2. Service Provider may interrupt or suspend all or part of the use of the Service without prior notice to users if any of the following events occur. Furthermore, Service Provider shall not be liable for any damages to users caused by the interruption or suspension of the Service in any case.

(1) In the event of regular or urgent inspection or maintenance of the computer system related to the Service
(2) In the event of unavoidable reasons such as server failure or other unavoidable failure of the telecommunications facilities installed by the Service.
(3) In the event that the Service cannot be operated due to force majeure such as fire, power outage, disaster, etc.
(4) In any other case where the Service Provider determines that interruption or suspension is necessary.

Article 15 (Termination and Suspension of the Service)

  1. Service Provider may terminate or suspend all or part of the Service for certain reasons.

  2. When Service Provider terminates or suspends the Service pursuant to the provisions of the previous section, Service Provider shall notify users of the termination or suspension at least one month prior to the date of termination or suspension using a method deemed appropriate by Service Provider.

  3. In the event of a natural disaster, natural calamity, or other unavoidable circumstances, or if Service Provider files for bankruptcy, etc., Service Provider may terminate abruptly without notice. In such cases, the Service Provider shall not be held responsible for any damages suffered by the user.

Article 16 (Disclaimer)

  1. The Service is provided by the Service Provider to the extent that the Service Provider deems appropriate, as set forth in Article 5, and the Service Provider is liable for any default, tort, or other legal liability for any damages suffered by the user in connection with the download of the Application and use of the Service that Service Provider does not bear any responsibility for the accuracy of the information, software, etc. accessed by the Service.

  2. Service Provider does not guarantee the completeness, accuracy, usefulness, latestness, or legality of the information, software, etc. accessible through the Service.

  3. Service Provider shall not be responsible for any information displayed on external SNS or advertising external links through the Service. Users are responsible for using the information on those links.

  4. Service Provider shall not be responsible for any disputes that may arise between users and third parties as a result of using the Service.

  5. Service Provider shall not be held responsible for interruption, suspension, termination, unavailability or modification of the Service, deletion or loss of information, loss of data, malfunction or damage to equipment, or any other damages incurred by the user in relation to the Service.

  6. Service Provider shall not be responsible for compensation for any malfunction or damage caused by the combination of the Application with other devices or any other damages incurred by the user.

  7. The user shall use the Service at his/her own risk, and shall be responsible for the information contained in the Service.

  8. The user is solely responsible for his or her own actions in publishing, posting, or displaying data, images, videos, information, texts, and other content and materials on the Service. The Service Provider shall not be liable for any damages incurred by the user.

  9. The user agrees to comply with all laws and regulations when using the Service.

  10. Service Provider shall not be held responsible for any accidents that occur while operating equipment in order to use the Service.

  11. Service Provider shall not be held responsible for any damages to users due to unforeseen accidents such as fire, power outages, disasters, unforeseeable accidents, or computer system failure due to force majeure.

  12. Service Provider shall provide the Service on the premise that the existence of bugs cannot be completely denied because the Application is a program, that use of the Application is restricted under certain conditions that interfere with communication conditions, and other restrictions that may inevitably arise in devices and methods of use.

Article 17 (Compensation for Damage by Service Provider)

Notwithstanding the premise of Article 16, in the event that the Service Provider is liable to the user for damages incurred by the user in connection with the downloading of the Application and the use of the Service, the scope of compensation shall be limited to normal damages with a direct causal relationship.

Article 18 (Prohibited Acts)

The user shall not perform any of the following acts in the use of the Service
(1) Use the Service in a manner that places an excessive load on the Service's server
(2) Any use of the Service by a user directly or indirectly through a user that interferes with another user or the server of the Service.
(3) Modify the program of the Application
(4) Reverse engineer, decompile, disassemble, or otherwise attempt to reverse engineer, decompile, or disassemble the Application
(5) Copying, transcribing, extracting, processing, adapting or transmitting all or part of the Application
(6) Commercial activities using the Application
(7) Lending, transferring, selling or buying the Application
(8) Using a third party's user ID or password to impersonate a third party
(9) An act that infringes or may infringe on the intellectual property rights of a third party, such as copyrights and trademarks, or an act that may infringe
(10) Any act that infringes on the portrait rights or privacy of a third party, or any act that may infringe on the privacy of a third party
(11) An act that is or may be associated with a crime such as fraud
(12) Any action that interferes with the operation of the Service
(13) An act that violates or is likely to violate a law, whether intentionally or negligently
(14) Defamation, stalking, bullying, harassment, intimidation or coercion of any person or entity, or posting confidential information through the Service
(15) An act that violates public order and morals or causes disadvantage to others
(16) Requesting a review of an obscene or fear-inducing image.
(17) Posts comparing themselves to others
(18) Any other act that the Service Provider deems inappropriate.

Article 19 (Others)

Any matter not stipulated in the Terms shall be determined at the discretion of the Service Provider.

Article 20 (Agreed Jurisdiction)

The Terms shall be governed by the laws of Japan, and all disputes regarding the Service shall be subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of first instance.

September 22, 2020

Sho Kosaka