These Terms of Use (hereafter, these Terms)enumerate the conditions of use for the users (hereafter, users) of the application and associated software (hereafter, this App) provided by Symphony Co. Ltd. (hereafter, Our Company).
Upon using this App, Users must promise to agree to and abide by these Terms of Use. Additionally, use of this App will be seen as equivalent to accepting these Terms of Use. Therefore, please use this App only after agreeing to these Terms of Use.
In the event you do not agree to any one of the provisions in this Agreement, you cannot use this App, so please immediately cease use of it.
Furthermore, we ask that minors pleas only use this App with the prior agreement of their parent, guardian, or other legal representative to these Terms of Use. Additionally, hereafter the agreement reached between Users and Our Company with respect to the Users' use of this App, based on these Terms of Use will be known as 'This Agreement.'

Article 1 [Granting of Rights]
Under the conditions enumerated in these Terms, Our Company grants non-exclusive, nontransferable usage rights to download and use this App on a mobile device (hereafter, device) compatible with this App, such as a User's smartphone.
Please note, the comparability of this App on all such devices cannot be guaranteed.
We ask that users carefully read these Terms, and abide by their stipulations when using this App.
Our Company reserves the right to update the content of these Terms based on our own best judgment. In the event our company makes a change or changes, or updates the contents of these terms, users will not be notified of every incidence of such changes.
The most recent version of these Terms will be considered to apply to all Users, regardless of whether an individual user is aware of the altered portions.

Article 2 [Scope of Usage Rights]
In principle, our company recommends that for this App, Users only use one mobile device account. As a result, our company sets a limit on the number of devices on which this same App may be operated.
In the event this App is offered for a fee, the granting of rights enumerated in this article will be subject to payment of the fee.
Regardless of whether this App has been offered free or for a fee, the usage rights to this app which have been granted by our company cannot be granted or leased by users to any third party. Additionally, they cannot copy or reveal to third parties programming related to this app, whether it be object code or source code.
This app may only be operated for a user's individual use, and may not be sold, distributed, or used wit the goal of development, or for any other such goal.
This app may only be used in the form in which it i\s provided by our company. Users may not duplicate, edit, alter, modify, adapt, or otherwise make any changes or additions to this app.
This app is protected by the Unfair Competition Prevention Act of the nation of Japan and related nations. Users may not utilize reverse engineering, decompiling, reverse assembly, or any other method on this app, in whole or in part, in order to extract the source code, or, by any means whatsoever alter, modify or translate this app into a machine readable state.
Users may not, delete any text or other message displayed in this app upon download which coveys the copyright, ownership, or trademark rights of our company or (as stipulated in Article 5) the original rights holder.

Article 3 [Usage Fees (where applicable)]
In the event this app is offered for a fee, please conduct payment according to the payment conditions stipulated separately by our company or by the individual site offering this app for download. For details, please read the rules of this app's download site.
The usage fee for this app shall be an amount determined by our company. Users will pay the aforementioned fee within a time period determined by our company.
Our company has absolutely no obligation to refund any portion of the billing priced which has already been paid to a user, regardless of the reason.

Article 4 [Usage/Operating Environment]
All software programs, mobile devices, communication devices and services, etc, necessary for the use of this app, and their purchase and/or preparation, are the responsibility of the user.
In the following cases, operation of this app may be restricted.
(1) A portion of the app consists of an activation function, or a function with the goal of confirming whether or not a user has rights to use the app, and this function failed to confirm such rights on the part of the user.
(2) The app is being used in an area without an Internet connection.
(3) The nature or the available connection makes real-time transmission impossible.
(4) The app has not been operated in more than a year.

Article 5 [Intellectual Property Rights]
This app is protected by the laws and treaties relating to copyright of the nation of Japan and related nations, as well additional other laws and treaties relating to intellectual property rights.
Users are granted only the non-exclusive, nontransferable usage rights enumerated in these terms, and are not given any copyright, ownership rights, or other rights pertaining to this app and to any reproduction thereof.
Users acknowledge that any and all intellectual property rights, including copyright, patent rights, and trademark, pertaining to this app or any reproduction thereof (including but not limited to programs, images, and documents), belong to this company and this company's licensor (hereafter, the original rights holder).
Users acknowledge the copyright relating to this app, and use the app in compliance with the Universal Copyright Convention and the copyright laws of each nation, as well as the Unfair Competition Prevention Act and its related laws and regulations.

Article 6 [Alteration or Cancellation of the App's Contents]
Our company may, without the advance consent of users and at any time, alter, add to, or improve the contents of this app as we deem appropriate.
Our company may, without advance notification, cease to update this app or cease to make it available to users.

Article 7 [Disclaimer]
The contents, functions and performance of this app, shall be limited to that which our company can reasonably provide at the time the user downloads the app.
Our company offers this app to users in it's present state, and users are not granted any guarantee that every feature of the app will function, or that the app will operate properly in the usage environment of every possible user.
Furthermore, we offer no guarantee that this app will be useful for accomplishing a specific purpose, that it will have commercial usefulness, or for any other performance claim.
With the exception of cases directly caused by our deliberate action or gross negligence, our company accepts absolutely no responsibility for any direct damage, indirect damage, incidental or derivative damage, extraordinary loss, lost profits or any other damages, whether foreseeable or unforeseeable.
Our company does not guarantee any of the following points relating to this app or services incidental to this app.
(1) That the app will not experience any problems or issues as a result of updating the OS or an application.
(2) That the app will always function correctly or fulfill adequate quality standards.
(3) That use of the app will never cause any issues, malfunctions, or other failures on the device(s) of the user or others.
(4) That the app will be available for use in perpetuity.
(5) That the app will never experience errors or crashes during use.
Our company does not offer any individual support regarding how to use this app, or for any individual user inquiries.
The terms laid out in this article comprise the entirety of the guarantees our company offers with respect to this app, and with the exception of items specified by these Terms, absolutely no other guarantees are offered.

Article 8 [Prohibited Behavior]
Users agree, upon using this app, not to engage in any of the following behaviors.
(1) Behaviors which violate the law, carry the risk of violating the law, or which are similar to any such behaviors.
(2) Behaviors which target our company or a third party with discrimination or slander, or violate human rights by violating or damaging trust, credit, or privacy, or which violate property rights, or any behaviors which risk resulting in the same.
(3)Gathering, acquisition, revelation, distribution, alteration, destruction or other improper use of personal information or information relating to third parties through deception or other improper means, or any similar behaviors.
(4)Commission of criminal acts, or behaviors which encourage or facilitate criminal acts, or which risk doing the same.
(5) Intentional provision of false information, or similar behavior.
(6) Behaviors which violate laws regarding elections to public office or which risk violating the same.
(7) Behaviors which support Multi-Level-Marketing Schemes (Pyramid Schemes) as well as similar behaviors, including solicitation for the same.
(8) Transmission of materials relating to obscenity, child trafficking, child pornography, and child abuse, as well as behavior which violate laws relating to the protection of minors, or any similar behaviors.
(9)Behavior which falls under video transmissions of the type specified by laws relating to the proper regulation of the adult entertainment industry (hereafter, law regulating adult entertainment businesses) or similar behavior.
(10) Behavior which falls under the laws regulating dating sites or online businesses for heterosexual introductions, or similar behaviors.
(11) Behavior which utilizes the app to disrupt the communication of a third party or behavior which risks the same.
(12) Improperly accessing a computer or electronic communication device operated by our company or a third party, through hacking, digital attacks, or similar behavior.
(13) Sending messages or email with the intent of causing emotional distress in a third party, or which risk the same (hate mail/harassment, etc), or similar behaviors.
(14) Using this app for the purposes of a computer virus, etc, or to provide such to a third party, or behaviors that risk the same.
(15) Behaviors which use this app in any other act that damages the legitimate profits of third parties, or which employ methods or conditions that run counter to the interest of public order.

Article 9 [Audits]
Our company may, with respect to determining whether users are using the app according to these terms of use, compel a user to file a report concerning the same based on doubts founded on reasonable evidence.

Article 10 [Period of Validity]
These terms shall be considered valid beginning at the point when the user establishes an agreement regarding use of the app, agreeing to these terms.

Article 11 [Termination of Use, Loss of Rights]
Users may terminate use of this app at any time by uninstalling, deleting, or otherwise disposing of the app itself.
Our company may, without providing notification or offering compensation, immediately at any time cancel or invalidate the usage rights to this app, in whole or in part. In the event these usage rights are invalidated, the user will dispose of data and programs relating to this app with all possible haste.
(1) The user violates one of the terms of this agreement, or there is reason to suspect the same.
(2) The user, with respect to the use of this app, violates the law or ordinances, including those relating to copyright or patent rights.
Invalidation of usage rights by our company as stipulated in the previous point shall not preclude our company's right to claim compensation for damages or for losses incurred.

Article 12 [Compensation for Damages]
In the event a user violates these terms, our company shall be able to make a claim for compensation for damages against said user.
Whether or not our company makes such a claim for compensation for damages, our company may serve the user with a warning upon the user's violation of these terms, or upon reasonable suspicion of the same.
In the event our company incurs, through deliberate action or negligence, legal liability for damages for damages to a user, the scope of said damages shall, regardless of the cause of damages, be restricted to normal damage directly and actually caused to the user, and our company shall take no responsibility for lost profits, indirect damage, derivative damage or extraordinary loss, even if our company was made aware of it.
Regarding usage licenses for this app, in the event our company accepts damage liability to a user, the amount of said compensation, shall be, regardless of circumstances or cause of damages, an amount which does not exceed the sum total of usage fees paid to our company by the user for the use of the app.
However, this limit does not apply in cases caused by deliberate action or excessive negligence on the part of our company.

Article 13 [Modification of the Terms of Use]
Our company may, at any time, without the consent of users, alter the content of this agreement. In the event this agreement is modified, any altered items relating to the app, including fees, will be based on the updated Terms of Use.

Article 14 [Inevitable Circumstances]
In event of a failure or delay in the upholding of obligations enumerated in this agreement, due to circumstances outside of our company's control, and which could not have been avoided through reasonable precautions on the part of our company (hereafter, inevitable circumstances), this failure or delay shall not be regarded as either the responsibility of our company, or as a breach of the terms of this agreement.
Further, inevitable circumstances include, but are not limited to: natural disaster, action by the government or governmental agency, compliance with lawful orders or regulation, fire, storm, flood, earthquake, tsunami, lightning strike, typhoon, epidemic, war (with or without declaration of war), conflict situations, hostile acts, terrorism, rebellion, revolution, riot, explosion, accidents at sea, strike, factory closure, other labor disputes, energy shortages, or shortages of raw materials.

Article 15 [Governing Laws]
This agreement, regardless of the application of law, conforms to Japanese law and is to be interpreted in light of the same.

Article 16 [Jurisdiction]
Any conflict arising between our company and the user as relates this agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court.

Article 17 [Other]
Users avow and affirm their recognition that this app may be subject to the export regulations of the US Department of Commerce, or export regulations based in similar laws for Japan, the EU, or other related countries.
Further, the user affirms and avows that they will not, without first acquiring the necessary valid export authorization under these laws, remove from the user's country, or provide to a third party outside of the user's country, this app as provided by our company under this Agreement, or any technical data or information related to it, including but not limited to software, diagrams, user manuals, data, or documents.
Users will not, without advanced written agreement from our company, transfer or offer as collateral to a third party, in whole or in part, the status or rights conferred by these Terms of Use, or cause, in whole or in part, the obligations conferred by this Agreement to be undertaken by a third party.
In the event any party to these terms does not act on a clause of this agreement and whether or not they exercise their rights according to the same, all clauses, rights, and options shall not be regarded as having been abandoned, and this shall in no way affect the validity of this Agreement.
Additionally, even in the event a party neglects any clause, right, or option provided by this Agreement, this shall not prevent either the user or the company from implementing any such option according to this agreement.
Even in the instance that a clause of this agreement is deemed to be violated or to be invalid by the decision of a court with jurisdiction in the matter, this shall not affect the validity of the remaining clauses of this agreement.
In regards to the granting of usage rights for this app, this agreement constitutes a complete and exclusive agreement between the parties, and any previously existing written or verbal agreement shall cease to be valid.

Article 18 [Privacy Policy]
Symphony Co. Ltd.
〒540-0038
Osaka, Chuo-ku, Uchiawaji-cho 2-4-11
Square Court 401
[Supplementary Provisions]
These Terms of Use will be applicable as of May 1st, 2018