Terms of Service

These Terms of Service (hereinafter referred to as "these Terms") set forth the terms and conditions for the use of the application "GAPocket" (hereinafter referred to as "the App") provided by the GAPocket Provider (hereinafter referred to as "we" or "the Provider"). Users (hereinafter referred to as "Users") are requested to use this Service in accordance with these Terms.

By downloading, installing, or using the App, Users are deemed to have agreed to these Terms. If you do not agree, please do not use the App.

Article 1 (Application)

1. These Terms shall apply to all relationships between the User and the Provider regarding the use of the App.
2. The User and the Provider acknowledge that these Terms are concluded between the User and the Provider only, and not with Apple, and the Provider, not Apple, is solely responsible for the Licensed Application and the content thereof. These Terms do not provide for usage rules for the Licensed Application that are in conflict with, the Apple Media Services Terms and Conditions as of the Effective Date (which the User acknowledges the User has had the opportunity to review).

Article 2 (License to Use)

1. The license granted to the User for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that the User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
2. Intellectual property rights related to the App belong to the Provider or a third party with legitimate rights.
3. Users must not reverse engineer, decompile, disassemble, modify, alter, or create derivative works of the App.

Article 3 (Account Registration)

1. Users must authenticate using an external service account such as a Google account to use the App.
2. Users are responsible for properly managing their account information. We are not liable for any damages caused by a User's account being used by a third party, except in cases of willfulness or gross negligence on our part.

Article 4 (Maintenance and Support)

The Provider shall be solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in these Terms, or as required under applicable law. The Provider and the User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

Article 5 (Prohibited Acts)

Users must not engage in the following actions when using the Service.

• Acts that violate laws and regulations or public order and morals
• Acts related to criminal activities
• Acts that destroy or interfere with the functions of the Provider's servers or networks
• Acts that may interfere with the operation of the Service
• Acts of unauthorized access or attempts thereof
• Acts of impersonating another User or a third party
• Acts of intentionally exploiting bugs or malfunctions of the Provider's Service
• Other acts deemed inappropriate by the Provider

Article 6 (Suspension of Service Provision)

If we determine that any of the following circumstances exist, we may suspend or discontinue the provision of all or part of the Service without prior notice to Users.

• When performing maintenance or updates to the computer systems related to the Service
• When provision of the Service becomes difficult due to force majeure such as earthquakes, lightning, fires, power outages, or natural disasters
• When use becomes difficult due to failures, suspension, or specification changes of external linkage services such as the Google Analytics API
• Other cases where we determine that provision of the Service is difficult

Article 7 (Warranty)

The Provider shall be solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price for the Licensed Application to that User. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Provider's sole responsibility.

Article 8 (Product Claims)

The User and the Provider acknowledge that the Provider, not Apple, is responsible for addressing any claims of the User or any third party relating to the Licensed Application or the User's possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Provider's Licensed Application's use of the HealthKit and HomeKit frameworks. These Terms may not limit the Provider's liability to the User beyond what is permitted by applicable law.

Article 9 (Intellectual Property Rights)

The User and the Provider acknowledge that, in the event of any third party claim that the Licensed Application or the User's possession and use of that Licensed Application infringes that third party's intellectual property rights, the Provider, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Article 10 (Legal Compliance)

The User represents and warrants that (i) the User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) the User is not listed on any U.S. Government list of prohibited or restricted parties.

Article 11 (Third Party Terms of Agreement)

The User must comply with applicable third party terms of agreement when using the Licensed Application. For example, if the Provider provides a service that utilizes third-party APIs or services, the User must not be in violation of their agreements with those third parties or with their wireless data service agreement when using the Licensed Application.

Article 12 (Third Party Beneficiary)

The User and the Provider acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and that, upon the User's acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against the User as a third party beneficiary thereof.

Article 13 (Changes to Terms of Service)

We may change these Terms at any time without notice to Users if we deem it necessary. Note that by using the Service after the change, the relevant User is deemed to have agreed to the revised Terms.

Article 14 (Governing Law and Jurisdiction)

1. Japanese law shall apply to interpretation of these Terms.
2. In the event of a dispute regarding Service, Tokyo District Court shall be exclusive agreed court of first instance.

Article 15 (Developer Information and Contact)

For inquiries regarding these Terms or the Licensed Application, please contact the Provider using the information below:

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