Signalarm

Terms of Use

These Terms of Use (these "Terms") set forth the conditions for the provision of the Service and the rights and obligations between bannzai, the provider (the "Provider"), and users. Before using the Service, you must read the full text of these Terms and agree to them.

Article 1 (Definitions)

The following terms used in these Terms have the meanings set forth below.

  1. "Intellectual Property Rights" means copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the rights to acquire such rights or to apply for registration or other procedures for such rights).
  2. "Content" means text, audio, music, images, videos, software, programs, code, and other information.
  3. "Service Content" means Content accessible through the Service.
  4. "Transmitted Data" means the date and time, title, and other information of alarms that a user, or an external service linked by a user, transmits to the Service through the API.
  5. "User" means a person who uses the Service, regardless of whether they have registered an email address.
  6. "Service" means the service named "Signalarm" provided by the Provider (if the name or content of the service is changed for any reason, it includes the service after such change), and includes the App and the API.
  7. "API" means the interface provided by the Provider for sending requests to the Service from external services or programs.
  8. "API Token" means the character string issued by the Provider to authenticate a user when the API is called.
  9. "Individual Terms of Use" means documents published by the Provider in the App under names such as "Guidelines," "Policies," or "Rules of Use," separately from these Terms, in relation to the Service.
  10. "App" means the application and related software operated by the Provider that provides the Service.

Article 2 (Agreement to These Terms)

  1. By downloading the App and actually using the Service, users are deemed to have given valid and irrevocable consent to these Terms, and users may use the Service in accordance with these Terms.
  2. Users must use the Service in accordance with the provisions of these Terms.
  3. If a user is a minor, they must use the Service after obtaining the consent of a parent or other legal representative (including consent to these Terms). If a minor uses the Service by falsely claiming to have the consent of a legal representative when no such consent exists, by falsely claiming to be an adult regarding their age, or in any other case falling under "using fraudulent means to make others believe they have legal capacity," the minor may not rescind any legal act relating to the Service. In addition, if a user who was a minor at the time of agreeing to these Terms uses the Service after reaching the age of majority, the user is deemed to have ratified the acts of use performed while they were a minor.
  4. If there are Individual Terms of Use for the Service, users must use the Service in accordance with the provisions of the Individual Terms of Use as well as these Terms.

Article 3 (Provision of the Service)

  1. In using the Service, users must prepare the necessary smart devices, communication equipment, operating systems, communication means, electricity, and the like at their own expense and responsibility. If the user is a minor, they must use those that a parent or other legal representative has permitted the user to use.
  2. The Provider may, when the Provider deems it necessary, change all or part of the content of the Service (including specifications, rules, design, audiovisual expressions, effects, parameters, the specifications of the API, and all other matters) at any time without prior notice to users, and may discontinue its provision. Such changes to content and discontinuation of provision include the content and provision of the Paid Services set forth in Article 5.
  3. The Provider is not obligated to provide users with support for software relating to the Service or with corrected versions (including updated versions).
  4. The registration and firing of alarms by the Service depend on the functions of iOS provided by Apple Inc., the push notification delivery network, communication lines, and the state of the user's device (power, communication status, settings, and the like). The Provider does not warrant that alarms will be registered or will fire at the specified date and time. Users must not use the Service as the sole means for any purpose that has a serious effect on life, body, or property.

Article 4 (Account Registration and API Tokens)

  1. When registering information about themselves (the "Registered Information") in connection with the use of the Service, users must provide true, accurate, and complete information and must keep it up to date at all times.
  2. Users must strictly manage their API Tokens at their own responsibility so that they are not used improperly. The Provider deems all acts performed using an API Token to be acts of the user themselves.
  3. If there is a risk that an API Token has been leaked to a third party, the user shall immediately revoke the token from the App and, if necessary, contact the Provider.

Article 5 (Fees and Payment Methods)

  1. The Service includes free Service Content and paid Service Content (the "Paid Services"). Users may use the Paid Services by paying the Provider the usage fees separately determined by the Provider and displayed in the App, as consideration for using the Service, by the payment method designated by the Provider.
  2. Users shall use the Paid Services after confirming the content of the Paid Services, the period during which the Paid Services apply (the "Paid Contract Period"), the fact that if the prescribed procedure for terminating the use of the Paid Services is not completed by the expiration date of the Paid Contract Period, the contract will be renewed with the same content (the "Automatic Renewal"), and the usage fees. By actually using the Paid Services, users are deemed to have given valid and irrevocable consent to the content of the Paid Services, the Paid Contract Period, the Automatic Renewal, and the usage fees.
  3. The Provider bears no liability whatsoever for damages incurred by users, and will not take any measures such as restoring the Service that the user was able to use, even if the App is uninstalled, or if the Provider becomes unable to ascertain the user's usage status of the Paid Services due to unauthorized use, loss, theft, or malfunction of the smart device used for the Service, or for any other reason.
  4. If a user delays payment of usage fees, the user shall pay the Provider late payment damages at a rate of 14.6% per annum.
  5. Even if a paying user was unable to receive the provision of the Paid Services, the paying user shall pay the usage fees set forth in this Article for the Paid Contract Period.
  6. The Provider may, when the Provider deems it necessary, revise the usage fees by posting a notice in the App or by other means for a reasonable period for paying users, and by setting a transition period. If a paying user continues to use the Paid Services after the transition period has elapsed, the paying user is deemed to have agreed to the revised usage fees.

Article 6 (Termination of Use of Paid Services)

  1. Paying users may not cancel the Paid Services in the middle of the Paid Contract Period. If they do not renew the use of the Paid Services, they shall complete the prescribed procedure for terminating the use of the Paid Services.
  2. Even if a paying user uninstalls the App during the Paid Contract Period, the Automatic Renewal of the Paid Services will not be cancelled. Even in this case, the Provider will not refund any usage fees or other money. Paying users accept this in advance without objection.
  3. The Provider will not, under any circumstances, refund any usage fees or other money already received.

Article 7 (Content and Transmitted Data)

  1. The Provider grants users a non-exclusive right to use the Service Content provided by the Provider, which is non-transferable and non-sublicensable, for the purpose of using the Service.
  2. Users must not use the Service Content beyond the manner of use contemplated by the Service (including acts of reproduction, transmission, reprinting, and modification).
  3. Transmitted Data is temporarily stored on the Provider's servers in order to deliver it to the user's device, and is deleted within 30 days of transmission. The Provider is not obligated to back up Transmitted Data.
  4. Users represent and warrant that their Transmitted Data does not infringe the rights of any third party and that they have the authority to transmit the Transmitted Data to the API.

Article 8 (Use of the API)

  1. Users shall use the API within the scope of the specifications and limits determined by the Provider (such as the number of registrations per plan, the frequency of requests, and the size of Transmitted Data). The Provider may reject requests that exceed the limits or delay its responses.
  2. Users must not place an excessive burden on the Service or the Provider's systems through the API.
  3. Users shall resolve with the provider of the relevant external service any matters concerning the terms of use, operation, or failures of external services that they link with the API, and the Provider bears no responsibility for such matters.

Article 9 (Prohibited Acts)

In using the Service, users must not engage in any act that falls under, or that the Provider determines falls under, any of the following items.

  1. Acts that violate laws and regulations or acts related to criminal activity
  2. Acts of fraud or intimidation against the Provider, other users of the Service, or other third parties
  3. Acts contrary to public order and morals
  4. Acts that infringe the Intellectual Property Rights, portrait rights, privacy rights, honor, or other rights or interests of the Provider, other users of the Service, or other third parties
  5. Transmitting through the Service, to the Provider or other users of the Service, information that falls under, or that the Provider determines falls under, any of the following:
  1. Acts that place an excessive burden on the network or systems of the Service
  2. Acts of obtaining or using another person's API Token for the purpose of registering alarms on another person's device
  3. Reverse engineering or other analysis of software or other systems provided by the Provider
  4. Acts that may interfere with the operation of the Service
  5. Unauthorized access to the Provider's network or systems
  6. Acts of impersonating a third party
  7. Acts of using the Apple ID or Google account of another user of the Service
  8. Advertising, publicity, solicitation, or sales activities on the Service not authorized in advance by the Provider
  9. Collecting information about other users of the Service
  10. Acts that cause disadvantage, damage, or discomfort to the Provider, other users of the Service, or other third parties
  11. Providing benefits to antisocial forces or the like
  12. Acts that directly or indirectly cause or facilitate any of the foregoing acts
  13. Attempting any of the foregoing acts
  14. Any other acts that the Provider determines to be inappropriate

Article 10 (Suspension of the Service)

The Provider may suspend or interrupt the provision of all or part of the Service without prior notice to users in any of the following cases.

  1. When urgently performing inspection or maintenance work on the computer systems relating to the Service
  2. When the Service cannot be operated due to computer or communication line failures, operational errors, excessive concentration of access, unauthorized access, hacking, or the like
  3. When the Service cannot be operated due to force majeure such as earthquakes, lightning, fire, wind and flood damage, power outages, or natural disasters
  4. When the Service cannot be operated due to the suspension, change of specifications, or the like of external services used by the Provider (including services provided by Apple Inc., Google LLC, and RevenueCat, Inc.)
  5. When the Provider otherwise determines that suspension or interruption is necessary

Article 11 (Attribution of Rights)

  1. All Intellectual Property Rights relating to the Service belong to the Provider or to those who have licensed them to the Provider. The license to use the Service under these Terms does not mean a license to use the Intellectual Property Rights of the Provider or of those who have licensed them to the Provider in relation to the Service.
  2. Copyrights and other rights in Transmitted Data belong to the user. The Provider uses Transmitted Data only to the extent necessary for the provision of the Service (such as delivery to the user's device and display of history).

Article 12 (Suspension of Use)

The Provider may temporarily suspend or terminate a user's use of the Service without prior notice or demand if the user falls under any of the following items.

  1. If the user violates any provision of these Terms
  2. If it is found that there are false facts in the Registered Information
  3. If the user suspends payments or becomes insolvent, or if a petition is filed for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings
  4. If the Service has not been used for six months or more
  5. If the user does not respond to inquiries or other communications from the Provider requesting a response for 30 days or more
  6. If the Provider otherwise determines that the user's use of the Service or continuation of registration as a user is inappropriate

Article 13 (Withdrawal)

  1. Users may withdraw from the Service by completing the account deletion function in the App or another procedure prescribed by the Provider. The handling of data after withdrawal is governed by "How to Delete Your Account and Data" and the Privacy Policy.
  2. Users accept in advance without objection that, even after withdrawal, they are not released from any obligations and liabilities under these Terms (including but not limited to liability for damages) owed to the Provider and other third parties.
  3. The user's right to use the Service expires upon withdrawal, regardless of the reason. Users accept in advance without objection that the Service that the user was able to use cannot be restored if the user mistakenly uninstalls the App or for any other reason.
  4. The provisions of the preceding two paragraphs apply mutatis mutandis to the compulsory termination of the Service set forth in Article 12.

Article 14 (User Responsibility)

  1. Users use the Service at their own responsibility and bear all responsibility for all acts performed in the Service and their results.
  2. If the Provider determines that a user is using the Service in violation of these Terms, the Provider will take measures that the Provider deems necessary and appropriate. However, the Provider is not obligated to prevent or correct such violations.
  3. If the Provider directly or indirectly incurs any damage (including the burden of attorneys' fees) due to a user's use of the Service (including cases where the Provider receives a complaint from a third party arising from such use), the user must immediately compensate for such damage in accordance with the Provider's demand.

Article 15 (Disclaimer of Warranties and Limitation of Liability)

  1. The Provider does not warrant, either expressly or implicitly, that the Service (including Content) is free from defects in fact or in law (including defects relating to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, and security, as well as errors, bugs, and infringements of rights). The Provider is not obligated to provide the Service after removing such defects.
  2. The Provider bears no liability whatsoever even when a user was unable to receive the provision of the Service. "When a user was unable to receive the provision of the Service" in this paragraph includes all cases in which an alarm was not registered or did not fire at the specified date and time, regardless of the cause, including communication line failures, non-delivery of push notifications, and the state of the device.
  3. The Provider bears no liability whatsoever for damages incurred by users due to their own loss or forgetting of Registered Information or an API Token (including uninstalling the App), and will not take any measures such as restoring the Service that the user was able to use. The same applies when a user loses Registered Information due to unauthorized use, loss, theft, malfunction, or any other cause relating to the smart device used for the Service.
  4. The Provider may provide information or advice to users from time to time, but bears no responsibility for the results thereof.
  5. The Provider is not obligated to repair bugs or other defects in the App, or to improve or upgrade the App. However, the Provider may provide users with updated versions of the App or version upgrade information. In such cases, such updated versions or version upgrade information are also treated as the App, and these Terms naturally apply to them as well.
  6. The Provider bears no liability whatsoever for any damage incurred by users arising from the Service. However, if the contract between the Provider and the user regarding the Service (including these Terms) constitutes a consumer contract as defined in the Consumer Contract Act of Japan, this disclaimer does not apply.
  7. Even in the case set forth in the proviso of the preceding paragraph, the Provider bears no liability whatsoever for damages arising from special circumstances (including cases where the Provider or the user foresaw or could have foreseen the occurrence of the damage) among damages incurred by users due to default or tort caused by the Provider's negligence (excluding gross negligence).
  8. When compensating for damages incurred by users due to default or tort caused by the Provider's negligence (excluding gross negligence), the amount of compensation is limited to the amount of damage directly and actually incurred by the user. However, if the user is a paying user, the amount is limited to the amount of usage fees received from the paying user in the month in which the damage occurred.
  9. Users shall resolve at their own responsibility any transactions, communications, disputes, and the like arising between the user and other users or third parties in connection with the Service or the App.

Article 16 (Confidentiality)

Users shall treat as confidential any non-public information disclosed by the Provider to users in connection with the Service for which the Provider requests confidential treatment, except with the prior written consent of the Provider.

Article 17 (Handling of User Information)

  1. The handling of users' user information by the Provider is governed by the separate Privacy Policy, and users agree to the Provider's handling of their user information in accordance with the Privacy Policy.
  2. The Provider may, at its discretion, use and publish information, data, and the like provided by users to the Provider as statistical information in a form that cannot identify individuals, and users shall not object to this.
  3. The Service uses RevenueCat, provided by RevenueCat, Inc. (https://www.revenuecat.com/privacy), to manage purchase status of paid services and to process payment of usage fees, and collects and processes purchase information (such as purchased products, purchase date and time, and anonymous device identifiers; this does not include personally identifiable information such as name or email address). The collected information is managed in accordance with the privacy policy of RevenueCat, Inc. The Provider bears no responsibility for damages arising from the use of the services of RevenueCat, Inc.

Article 18 (Changes to These Terms)

  1. The Provider may change these Terms and the Individual Terms of Use when the Provider deems it necessary. When changing these Terms, the Provider will announce the effective date and content of the changed Terms by posting them in the Service or in the App or by other appropriate means. However, in the case of changes that require the user's consent under laws and regulations, the Provider will obtain the user's consent in the manner prescribed by the Provider.
  2. The changed Terms and Individual Terms of Use take effect from the time they are posted in an appropriate place in the Service or in the App. By continuing to use the Service after changes to these Terms and the Individual Terms of Use, users are deemed to have given valid and irrevocable consent to the changed Terms and the applicable Individual Terms of Use. Please refer to the latest version of these Terms and the applicable Individual Terms of Use from time to time when using the Service.

Article 19 (Communications and Notices)

  1. Inquiries about the Service and other communications or notices from users to the Provider, as well as notices of changes to these Terms and other communications or notices from the Provider to users, shall be made in the manner prescribed by the Provider.
  2. If the Provider sends a communication or notice to the email address or other contact information included in the Registered Information, the user is deemed to have received such communication or notice.

Article 20 (Assignment of Contractual Status)

  1. Users may not assign, transfer, create security interests in, or otherwise dispose of their contractual status or rights or obligations under these Terms to any third party without the prior written consent of the Provider.
  2. If the Provider transfers the business relating to the Service to another party, the Provider may, in connection with such business transfer, assign its contractual status, rights and obligations under these Terms, and users' Registered Information and other information relating to the Service to the assignee of such business transfer, and users are deemed to have agreed in advance to such assignment under this paragraph. The business transfer set forth in this paragraph includes not only ordinary business transfers but also corporate splits and all other cases in which the business is transferred.

Article 21 (Severability)

Even if any provision of these Terms or any part thereof is determined to be invalid or unenforceable under the Consumer Contract Act of Japan or other laws and regulations, the remaining provisions of these Terms and the remaining part of any provision determined to be partially invalid or unenforceable shall continue in full force and effect.

Article 22 (Governing Law and Jurisdiction)

  1. These Terms are governed by the laws of Japan.
  2. The Tokyo District Court has exclusive jurisdiction as the court of first instance over any and all disputes arising out of or relating to these Terms.