Article 1: Applicability
- These Terms stipulate the rights and obligations that arise for and between the Company and Users (as defined in Article 2) of the Service (as defined in Article 2) and shall apply to all use of the Service between said parties.
- The rules and other regulations that the Company posts on the App (defined in Article 2) at any time shall be interpreted to form a part of these Terms.
Article 2: Terms
When used in these Terms, the following terminology and expressions shall have the meanings defined below:
- "Intellectual property rights" refers to copyrights, patents, utility model rights, trademark rights, and other intellectual property rights (including the right to obtain or file for registration for the same)
- "App" refers to the Yay application provided by the Company and, where the name of the application is changed for whatever reason, includes subsequent applications.
- "Posted Information" refers to that defined as such in Article 9.
- "Registration Information" refers to that defined as such in Article 3.
- "User" refers to individual users or corporations using the Service.
- "Service" refers to the Yay service provided by the Company and, where the name of the service is changed for whatever reason, includes subsequent services.
- "Third-party social networking service" refers to a social networking service specified by the Company and provided by a third party, including but not limited to Facebook, Twitter, and LINE, and encompassing functionality that includes but is not limited to user authentication, display of friends, and publication of content to said third party social network, and that is used through or in conjunction with the implementation of the Service.
- "Third-party social network operators" refers to parties providing third-party social networking services.
Article 3: Registration
- The Company may request that a User register to use the Service. In said case, the User shall file for registration for use of the Service by providing the Company with the information ("Registration Information") the latter specifies.
- Filing for registration for use of the Service must be made by the individual or corporation intending to use the Service. As a rule, proxy registration shall not be permitted. Users shall provide to the Company truthful, accurate, and current information as concerns said registration.
- Registration Information and other information posted or uploaded to the Service must not include one's real name, address, facial photograph, or other information that could be used to identify an individual.
- The company may share registered information and uploaded information in other services to Data Wow Company (1778 Summer Hub Office, 6th Floor, Sukhumvit Road, Phra Khanong, Khlong Toei, Bankok, Thailand), which is a subsidiary of the company, for inappropriate content screening. The user needs to agree to this term before using the company’s services. In case we share the information to Data Wow Company, the company will follow strict security management; the company will abide by law and corporate privacy policies of the alike and will only use the information necessary for screening purposes.
- The Service is not available to parties of under junior high school age. Note that parties older than junior high school age who are minors require the consent of a legal guardian or representative to use the Service.
- Where any of the items below apply to a user filing for registration per Clause 1 above, the Company reserves the right to refuse registration.
- Where the Company deems the party at risk of violating these Terms.
- Where Registration Information provided to the Company, whether in whole or in part, was falsified, incorrect, or missing.
- Where the party’s registration on the Service was previously revoked.
- Where the Company determines that the Registration Information provided to the Company does not match the information provided by the User to the company outside of the Service, including but not limited to on services operated by the Company's subsidiaries, affiliated companies, or business partners.
- If under junior high school age.
- Where the user is above junior high school age and a minor, an adult ward, or person subject to legal conservatorship or limited guardianship and has not obtained the consent of a legal representative, guardian, or conservator.
- Where the Company deems the user to be an anti-social force (organized crime group or the member thereof, right-wing organization or the member thereof, anti-social or criminal force, or other equivalent parties, and applicable mutatis mutandis hereafter), contributing to or collaborating with the maintenance or operation of an anti-social force through contribution of funds or other assets, or otherwise engaging with an anti-social force.
- Other cases in which the Company determines that the party is unfit for registration.
- Where there are any changes to a User's Registration Information, the User shall promptly notify the Company of the changes by the method the Company stipulates and submit any additional documentation it requests.
Article 4: Use of the Service
- While the Usage Agreement is in effect, the User shall use the Service in compliance with these Terms and per the methods stipulated by the Company. However, if registration pursuant to the preceding article is required, the User may use the Service only after the Company approves and completes the registration.
- This Service is not intended as a dating service. Users shall not use the Service for the purpose of sending information about dating with other Users.
Article 5: chat and calls
- You may chat, call, or otherwise communicate with other users in a manner determined by us. You shall, at your own risk, select the other party with whom you communicate on the Service, and we shall select the other party with whom you communicate on the Service, and we shall not be liable for any damages incurred by you in connection with your communication on the Service. We shall not be liable for any compensation, except in cases attributable to us.
Article 6: Management of passwords and user IDs
- The Company may grant IDs and passwords to Users. Users shall manage and store member passwords and IDs at their sole discretion, and shall not pledge, assign, or sell them to third parties, or allow third parties to use them, or change the name of ownership.
- The Company waives all liability for damages sustained by Users due to cases that include but are not limited to improper management of user IDs and passwords, improper use of the same, or use by third parties.
- Where a User's ID or password is found to have been stolen or used by a third party, the User shall contact the Company immediately and report said fact, following instructions given therefrom.
Article 7: Prohibited acts
- In using the service, Users shall not engage in any of the acts below.
- Transmitting information-seeking heterosexual relationships or information regarding heterosexual relationships.
- Transmission of obscene information such as nudity or obscene parts of the body, information equivalent to child pornography or child abuse, or information harmful to young people, or acts to request the transmission of such information.
- Exchanging IDs for external social networking services
- Any act that infringes on the intellectual property rights, portrait rights, rights to privacy, honor, or other rights or interests of the Company, other Users, external SNS providers, or other third parties (including acts that directly or indirectly cause such infringement)
- Discrimination or defamation of the Company, other Users, external SNS providers, or other third parties, or any act that encourages such discrimination or defamation.
- Actions related to criminal acts or offensive to public order and morals
- Acts for the purpose of sexual intercourse or obscene acts, etc.
- Acts that induce or encourage minors to run away from home
- Bullying, intimidation, or any act that induces or encourages bullying or intimidation
- Transmitting information that may cause discomfort to others, such as information of a cruel nature
- Transmitting violent or violence-inducing information
- Impersonating a third party or falsely claiming to be in partnership or cooperation with a third party
- Intentionally disseminating false information
- Inducing or soliciting others to commit suicide or self-harm
- Spamming, such as sending indiscriminate messages to other users
- Disclosing information such as a third party's address, telephone number, e-mail address, date of birth, credit card information, etc., without the permission of the relevant individual.
- Sales, promotion, advertisement, solicitation, or any other for-profit activities (except those approved by the Company).
- Violation of laws and regulations or internal rules of the Company or the trade association to which the User belongs
- Transmitting information that contains computer viruses or other harmful computer programs.
- Falsifying information that may be used in connection with this service.
- Acts that place a burden on the Company's network, such as transmitting data that exceeds a certain data volume specified by the Company through the Service.
- Any action that may interfere with the use of the Service by other Users or the operation of the Service by the Company
- Actions that may cause discomfort to other users, such as sending inappropriate messages that include expressions that induce or encourage drug abuse or other antisocial content.
- Acts that fall under the category of pyramid schemes
- Any activity that constitutes religious activity or solicitation to join a religious organization
- Other activities that the Company deems inappropriate.
- Where the Company deems that any of the above items apply to information submitted by a User on the Service, or that there is a risk of the same, the Company reserves the right to delete the information in whole or in part, without prior notification to the User. The Company waives all liability for damages sustained by Users in connection with measures taken per the terms of this article. In addition, the Company shall not be obligated to take any measures to remedy the damages.
Article 8: Suspension of service
- Where any of the below apply, the Company reserves the right to suspend or halt, whether in whole or in part and without prior notice, provision of the service to the User.
- Where performing periodic maintenance and/or inspections of the computer systems used for the service.
- Where computer or network failure causes suspension of the service.
- Where a fire, natural disaster, power outage, or force majeure renders continued operation of the service impossible.
- Where problems arise on a third-party social networking service, where provision of said service is halted or suspended, where integration of a third party service with this Service is suspended, or where the specifications otherwise change;
- Any other cases the Company deems as grounds for temporary suspension or stoppage.
- The Company may conclude the provision of the service at its sole convenience and discretion. In said case, the Company shall notify Users in advance.
- The Company waives all liability for damages sustained by Users in connection with measures taken per the terms of this article.
Article 9: Bearing of equipment
- Users shall obtain, prepare, and maintain at their sole expense and liability all necessary equipment and infrastructure necessary for use of the Service, including but not limited to smartphones, other devices, and telecommunications and Internet connections.
- Users shall employ at their sole expense and liability security measures to protect against infection from computer viruses, unauthorized access, leak of information, and other adverse events arising from use of the Service.
- Even where the Company retains for a given period of time messages and other information sent or received by a User, the Company shall not bear any obligation or duty for said retention. The Company reserves the right to delete this information at will. The Company waives all liability for damages sustained by Users in connection with deletion of said information.
- Where, when beginning to use or during use of the Service, a User installs the App or other software on a smartphone or other device, the User shall take due care to prevent the loss or change of the User’s data or damage or malfunction to its equipment. The Company waives all liability for damages sustained by the User in connection with the above.
Article 10: Attribution of rights
- The property rights (including intellectual property rights) of and relating to the App and Service vest with the Company and its licensees. License to use the Service per registration as defined herein does not imply authorization to use and/or assign the intellectual property rights of the Company or its licensees pertaining to the App and Service, except where expressly indicated in these Terms. Users shall under no circumstances engage in acts that would infringe on the intellectual property rights of the Company or its licensees, including but not limited to disassembling, decompiling, and reverse engineering.
- The intellectual property rights to text, image, video, and other data ("Posted Information") posted or otherwise transmitted by a User to or on the App or Service shall vest with the User. However, the Company reserves the right to freely use the Posted Information free of charge (including but not limited to reproduction, copying, alteration, and sublicensing to third parties).
- The Company reserves the right to analyze, whether oneself or through outsourcing to a third party, Posted Information for the purposes of system architecture and operation by (i) determining whether any of the items below apply to Posted Information or (ii) removing Posted Information for which any of the below apply from the service. However, where a User requests that the Company suspend said analysis, the Company shall suspend analysis of the User's Posted Information.
- Posted Information that is in violation of laws or these Terms.
- Posted Information inciting illegal acts, or that may incite the same.
- Posted Information that infringes on, or may infringe on, the rights of third parties
- Posted Information other than items 1 to 3 above that the Company otherwise deems inappropriate.
Article 11: Termination
- Where any of the below apply to a User, the Company reserves the right to temporarily suspend the User's use of the Service, or terminate any Usage Agreements with the User, without prior notice or warning.
- Violation of any of the provisions of these Terms.
- Where false information is found in the Registration Information.
- Where using, or attempting to use, the Service in a way or for a purpose that would cause damages to the Company, other Users, third party social network operators, or other third parties.
- Interfering with or obstructing the operation of the service, irrespective the method.
- Where subject to suspension of payment or in arrears, or were subject to bankruptcy, civil rehabilitation, or corporate reorganization proceedings, special liquidation, or a filing for commencement of any of the same.
- Where a bill or check that one has issued or received is dishonored, or where subject to suspension of trading by a clearing house or other equivalent measure.
- Where subject to an injunction, provisional injunction, compulsory execution, or disposition at auction.
- Where in arrears on public taxes or dues.
- Where the party dies, or where a ruling regarding guardianship, conservatorship, or assistance procedures is made.
- Where the user has not used the Service for 3 months or more and has not responded to communication from the Company.
- Cases where any of the items in Article 3, Clause 3 apply.
- Other cases where the Company deems continued registration by the User unsuitable.
- Where any of the items in the preceding clause apply, the User shall forfeit the benefit of time with respect to all outstanding obligations to the Company and shall immediately pay said obligations in full to the Company.
- Users reserve the right to terminate the Usage Agreement at any time by notifying the Company by the methods it specifies.
- The Company reserves the right to terminate the Usage Agreement at any time by notifying the User by at least thirty days prior to the intended date of termination.
- The Company waives all liability for damages sustained by Users in connection with measures taken by the Company per the terms of this article.
Article 12: Disclaimers and exemption of liability
- The Company bears no responsibility for communication between Users and makes no warranty regarding the nature of content transmitted between Users, disputes between Users, or the existence or non-existence of particular Users. The Service is provided as-is and the Company makes no warranties as to its suitability for specific purposes, commercial viability, completeness, continuity, and all other aspects.
- Even where a User obtains, whether directly or indirectly from the Company, any information, including but not limited to that about the Service, the App, or Users of the Service, the Company makes no warranties beyond those expressly stipulated in these Terms.
- The Service may in some cases be integrated with third party social networking services, but no warranty is made as to said integration or the possibility thereof. The Company waives liability for inability to, through the Service, integrate with a third-party social networking service.
- Users shall investigate at their sole responsibility and expense whether use of the Service complies with laws, regulations, and statutes that apply to them, and complies with internal industry regulations and other applicable restrictions. The Company makes no warranties as to the legality or compliance of use of the Service by a User.
- The Company waives all liability for transactions, communication, and disputes arising between Users or third-party social network operators or other third parties in connection with the Service or App, and all such transactions, communication, and disputes shall be resolved at the sole discretion of the User in question.
- The Company waives all liability for damages to Users as a result of the Company suspending, halting, terminating, making unavailable, or changing the provision of the Service; deletion or loss of User messages or data; termination of a user’s account; loss of data or damage to equipment through the use of the Service, or other equivalent causes.
- Even where the App links to other websites or is linked to from other websites, the Company waives all liability for the content of other websites and the information obtained therefrom, irrespective of the reasons.
- Where required by law, or by the order or request of a court, investigative agency, or government agency, the Company reserves the right to disclose User information, including but not limited to User Registration Information, Posted Information, and IP address. The Company waives all liability for damages to Users resulting from said disclosure.
- The Company reserves the right to view messages and other information sent or received by a User if the Company suspects that the User is engaging in any act corresponding to those enumerated in Article 6, Clause 1. By consenting to these terms, Users are deemed to have consented to this clause.
- The Company's liability for damages sustained by Users in connection with the Service shall not exceed 10,000 JPY. However, if the damage incurred by the User through the Service was through the intentional or gross negligence of the Company, the Company shall bear full liability for said damage.
Article 13: User liability
- Where a User causes damages to the Company by breaching these Terms or through use of the Service, the User shall bear liability for said damages.
- Where a User is subject to a complaint from another User, third party social network operator, or another third party as concerns the Service, or is involved in a dispute with any of the parties above, the User shall promptly notify the Company as to the nature of the dispute or complaint and resolve the dispute or complaint at the User’s sole liability and expense, reporting the progress and results of the event to the Company where requested to do so.
- Where, pursuant to a User’s use of the Service, the Company is subject to a claim or demand from another User, third party social network operator, or other third-party concerning infringement on rights, the User in question shall pay to the Company the amount it bore in paying the third party for the claim or demand.
Article 14: Confidentiality
- "Confidential information" as used herein refers to information obtained by a User in connection with the Usage Agreement and/or the Service and includes but is not limited to technical, sales, business, financial, organizational, and other information of the Company and provided or disclosed by the Company, or otherwise obtained by the User, whether in writing, orally, or through recorded media or other formats. However, confidential information shall not include: 1) Information that is already public at the time it is provided or disclosed by the Company, or otherwise obtained; 2) information that is made public through printed matter or other formats for causes not imputable to the recipient after it is provided or disclosed by the company, or otherwise obtained; 3) information lawfully disclosed or provided by the corresponding rights holder and not subject to confidentiality obligations; 4) information developed independently of confidential information; and 5) information for which written consent from the Company has been obtained indicating that confidentiality is not required.
- Users shall use Confidential Information only for the purposes of using the Service, and shall not provide, disclose, or leak confidential information of the Company to third parties without the Company's written consent.
- Notwithstanding the provisions of Clause 2, Users reserve the right to disclose Confidential Information where required by law or the order or request of a court or government agency. Where there is an order or request as per the above, the User shall immediately notify the Company of said fact.
- Where duplicating documents or magnetic recording media containing Confidential Information, Users shall obtain the prior written consent of the Company and strictly follow the provisions of Clause 2 when managing said duplicates.
- Where requested by the Company at any time, Users shall follow the Company’s instructions without delay to return and/or dispose of Confidential Information, documents containing or listing Confidential Information, and any and all other recording media containing Confidential Information.
Article 15: Validity
The Usage Agreement shall take effect on the date on which a User consents to these Terms and remain in effect until the date on which the Usage Agreement is terminated or expires, or the date on which provision of the Service to the User concludes, whichever is sooner.
Article 16: Changes to Terms
- The Company reserves the right to change the nature of the Service at any time.
- The Company reserves the right to change these Terms (includes but is not limited to rules and terms pertaining to the Service and posted on the App and applies mutatis mutandis in this clause) at any time. Where making changes to these Terms, the Company shall notify Users in advance as to the nature of the changes, the contents of the revised Terms, and the date on which said changes are effective. Continued use of the Service after the effective date shall be subject to the revised Terms.
Article 17: Contact/notice
Inquiries about the Service and other contact or notification from Users to the Company, and notification of changes to the Terms and other communication or notification from the Company to Users, shall be made in the manner prescribed by the Company.
Article 18: Assignment of Terms
- Users shall not assign, transfer, pledge, or otherwise dispose of their position under Usage Agreements, or their rights and obligations under these Terms, to third parties without the prior written consent of the Company.
- Where the Company assigns the business implicated in the Service to another company, the Company reserves the right to assign the parties' position under Usage Agreements, and rights and obligations and Registration Information and other client information per these Terms, to the assignee. By consenting to these Terms, Users agree in advance to the provisions of this clause. Assignment as set forth herein includes but is not limited to standard assignment, split, and other forms of business transfer.
Article 19: complete agreement
This Agreement constitutes the entire agreement between us and you with respect to the subject matter herein and supersedes all prior agreements, representations, and understandings, whether oral or written, between us and you with respect to the subject matter herein.
Article 20: separability
Even if any provision of these Terms and Conditions or any part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws or regulations, the remaining provisions of these Terms and Conditions and the remaining portions of any provision that is determined to be invalid or unenforceable in part shall remain in full force and effect, and the Company and the User shall not be liable for any damages arising from such invalidity or unenforceability. The invalid or unenforceable provision or portion shall be modified to the extent necessary to make it legal and enforceable, and efforts shall be made to ensure that the intent and legal and economic effect of such invalid or unenforceable provision or portion is equivalent.
Article 21: Survival of terms
The provisions of Article 5, Clause 2; Article 6, Clause 2; Article 7, Clause 3; Article 8; Article 9; Article 10, Clauses 2, and 5; Articles 11 through 13, Articles 17 through 19; and Article 21 of these Terms shall prevail even after the Usage Agreement is terminated or concludes.
Article 22: Governing law and jurisdiction
The governing law of these Terms shall be the law of Japan, with the Tokyo District Court serving as the exclusive court of first instance for any disputes arising from or relating to these Terms.
Article 20: Deliberation
In the event of matters not stipulated in these Terms, or doubts concerning the interpretation of these Terms, the Company and User shall deliberate to resolve the matter in good faith.
Article 21: Language
In the event of a conflict between the Japanese version of these Terms and a translated version, the Japanese version shall prevail.
Created December 1, 2019
Revised November 15, 2020
Revised August 20, 2021