TERMS OF USE
These terms and conditions of use (hereinafter referred to as the "Terms of Use") govern the
provision
and use of the application, website, and related software (hereinafter collectively referred to as
the
"Application") provided by MAYA Holdings, Inc. (hereinafter collectively referred to as the
"Company"),
the application, website and related software (hereinafter collectively referred to as the
"Application").
Article 1 [Acceptance of Terms and Conditions]
By installing or using this application, you are deemed to have agreed to these Terms.
If you do not agree to any of the terms of this agreement, you may not use this application, in
which
case please
discontinue use of this application immediately. Minors should use this application only after
obtaining
the prior
consent of a legal representative such as a person with parental authority with respect to these
Terms
of Use.
The agreement between the Company and the user with respect to the user's use of this application in
accordance with
these Terms of Use is referred to as the "Agreement.
Article 2 [License Agreement]
1. Under the conditions stipulated in this Agreement, the Company shall non-exclusively
Download this application to a mobile terminal device that supports this application (hereinafter
referred to as
"mobile terminal").
You grant a non-transferable license to load and use. In addition, this application is
the Company do not guarantee compatibility with all mobile terminals.
2. Users are requested to read the Terms and Conditions carefully and to use the Application in
compliance with the
provisions of the Terms and Conditions.
3. These terms and conditions do not grant any rights of use for any future development of this
service
upgrade, etc.
4. The Company may change these Terms of Use at its discretion. Upon modification of the Terms of
Use,
the Company
will not individually notify users of such modification, the contents of such modification, or any
other
information.
The Company shall not individually notify the User of such changes, the content of such changes, or
any
other matters.
Even if the User is unaware of any changes, the Company will always notify the User of the latest
version of the Terms
of Use.
The latest version of this Agreement will always apply to all users, even if users are not aware of
any
changes.
5. We reserve the right to change the features or specifications of the
Service
without notice
to the user.
Article 3 [Scope of Right of Use]
1. In principle, the Company grants to the User the right to use only one mobile device account per
application.
2. The User may not transfer or sublease the right to use the Application licensed by the Company to
any
third party.
In addition, the user may not reproduce or disclose to a third party any program (whether object
code or
source code)
related to this application.
3. The user may use this application for personal use only, and may not sell, distribute, or use it
for
any other
purpose, including development purposes.
4. The user shall not reproduce, modify, alter, alter, or adapt this application.
5. This Application is protected by the Unfair Competition Prevention Law of Japan and other
relevant
countries. The
User shall not reverse engineer, decompile or disassemble all or part of this Application or
otherwise
extract the
source code of all or any part of this application, and shall not or modify or translate this
application into a
machine-readable form in any manner whatsoever. You may not alter, modify, or translate the
Application
in any way to
make it machine-readable.
6. The User shall not remove any copyright, proprietary right, trademark right, or any other
statement
or indication
of the rights of the Company or the original right holder (as defined in Article 5) with respect to
this
Application
that was displayed on this Application when the User downloaded this Application.
Article 4 [Usage and Operating Environment]
1. The user shall be responsible for preparing at the user's expense the software programs, mobile
terminals,
communication devices, and communication means necessary to use the Application and the Service.
2. In the following cases, activation of this application may be restricted.
(1) Some parts of the App contain so-called apps for the purpose of confirming eligibility to use
the
App. Some have
activation functions, and regarding users, books with this function
If we are unable to verify your eligibility for the App.
(2) When real-time communication is not possible due to communication conditions.
Article 5 [Intellectual Property Rights]
1.This Application is protected by the copyright laws and treaties of Japan and related countries,
and
other
intellectual property laws and treaties. The user is granted only a non-exclusive, non-transferable
right to use this
application in accordance with these terms and conditions, and does not acquire or transfer any
ownership, copyright,
or any other rights to this application or any copies thereof.
2. The user understands and agrees that all intellectual property rights, including copyrights,
patents,
and
trademarks related to this application or its reproductions (including programs, images, documents,
etc.) belong to
the Company or its licensors (hereinafter referred to as "Original Rights Holders"). The user shall
respect the
copyrights related to this application and shall use this application in accordance with the
Universal
Copyright
Convention and the copyright laws, unfair competition prevention laws, and other related laws of
each
country.
3. The User shall not reproduce, duplicate, transfer, modify, or reverse engineer the information
downloaded to the
User's smartphone in the Application and the Service by himself/herself, nor shall he/she allow any
third party to
perform such acts.
Article 6 [Change, Discontinuation, etc. of the Contents of this Application]
1. We reserve the right to change, add, or improve all or part of the contents of this application
at
any time without
prior consent of the user.
2. We may temporarily suspend or terminate the provision of this application without prior notice.
3. We may change the price of the Application or the Service at the Company's discretion.
If the User does not agree to such changes, the User agrees in advance that the User may not be able
to
use all or
part of the Service.
Article 7 [Force Majeure]
If the default or delay in performance of any obligation under these Terms and Conditions is due to
circumstances of
some nature beyond our control and which cannot be avoided by our reasonable care ("Force Majeure"),
we
shall not be
liable for such default or delay, and such default or delay shall not be deemed a breach of these
Terms
and
Conditions. Such default or delay shall not be deemed a breach of these Terms and Conditions. Such
force
majeure shall
not include, but not be limited to, acts of God, acts of governments or governmental agencies,
compliance with laws,
regulations, or orders, fire, storm, flood, earthquake, tsunami, lightning, typhoon, epidemic, war
(whether or not war
is declared) state of war, hostilities, terrorism, rebellion, revolution, riot, explosion, marine
casualty This shall
include strikes, factory closings, other labor disputes, shortages or control of energy supplies or
raw
materials.
Article 8 [Disclaimer]
1. The contents, functions, and performance of this application are limited to what we can
reasonably
provide at the
time the user downloads this application. We provide this application to the user on an "as is"
basis,
and we make no
warranty to the user that this application will operate correctly under any user's operating
environment
or that all
functions will be performed. We also make no warranty that this application will be useful for the
user's particular
purpose, that it will be commercially viable, or that it will be of any other use.
2. We shall not be liable for any direct, indirect, incidental or consequential damages, special
damages, lost
profits, or any other damages (whether foreseeable or unforeseeable) arising out of your use of this
application or
inability to use this application, including, but not limited to, the following.
(1) In the event of force majeure such as earthquakes, tsunamis, typhoons, thunderstorms, heavy
rain,
floods and other
natural disasters, wars, terrorist attacks, revolutions, labor disputes, etc.
(2) In the event of network congestion or provider failure
(3) Other failures related to the operation of this service.
3. The company make no warranty of any kind with respect to this application or the services
associated
with this
application, including, but not limited to, the following
(1) No problems or defects will occur with this application as a result of
OS
upgrades or
application updates. No problems or defects will occur with this application as a result of OS
upgrades
or application
updates.
(2) That this application will always function properly and meet sufficient quality.
(3) No malfunction, malfunction or failure of the User's equipment or other equipment shall occur as
a
result of the
use of this Application.
(4) This application must be available in perpetuity.
(5) The use of this Application shall be uninterrupted or error-free.
4. The Company shall not be liable for any damages incurred by the User due to modification,
alteration,
or technical
characteristics of the hardware or software of the mobile terminal, which prevent the normal use of
the
Service, and
shall not take any action such as reinstatement of the use of the Service.
5. When a User replaces the terminal used for use of the Service due to repair or replacement of the
model, etc., the
Company does not guarantee that the new terminal will be able to take over the registration
information,
etc. that
existed prior to the replacement of the terminal, unless otherwise specified by the Company. The
same
shall apply to
the transfer of registration information, etc. when a user deletes applications or account
information
from a terminal
and then uses the Service again.
6. The Company shall not provide any individual support for individual inquiries or usage of this
application from the
user.
7. the provisions of this section are all warranties made by us with respect to this application,
and
the company make
no warranties of any kind except those expressly stated in these terms and conditions.
Article 9 [Notification to Users]
The company will provide users with notices, advertisements, and other information regarding
communications from us or
our business partners in a manner determined by us.
In the event that a notice is given to a user, the notice shall be deemed to have reached the user
at
the time when it
would normally reach the user, regardless of whether the user was able to receive it or not.
Article 10 [Prohibited Acts]
In using the Application, the User shall not engage in any of the following acts
(1) Violate these Terms of Use, etc.
(2) Violating or threatening to violate any laws or regulations, or any similar act.
(3) Discriminate against or slander the Company or a third party, or damage the honor, credibility,
privacy, or other
personal or property rights of the Company or a third party.
(4) Any act that discriminates against or defames the Company or any third party, or infringes or
may
infringe on the
honor, trust, privacy or other personal or property rights of the Company or any third party.
(5) Collecting, acquiring, disclosing, providing, altering, erasing, or destroying personal
information
or other
information related to a third party by deception or other wrongful means.
(6) Any act that collects, acquires, discloses, provides, alters, erases, or otherwise illegally
uses
personal
information or other information related to third parties through deception or other wrongful means,
or
any similar
act.
(7) Criminal acts, acts that incite or facilitate criminal acts, or acts that may lead to criminal
acts.
(8) Intentionally providing false information, or any similar act
(9) Actions that violate or may violate the Public Offices Election Law.
(10) An endless pyramid scheme ("Ponzi scheme") or any similar act, or any act that solicits such an
act.
(11) Transmission of content that is obscene, child prostitution, child pornography, or child abuse;
or
Violating laws
related to the protection of children, or similar acts.
(12) Any video transmission sexually oriented business or similar activity as defined by the Law
Concerning Regulation
and Proper Operation of Businesses Affecting Public Morals (hereinafter referred to as the "Law for
Proper Businesses
Affecting Public Morals")
(13) Internet dating service business or similar activities as defined by the Law Regulating the Use
of
Dating
Websites, etc.
(14) Any act that uses or may use this Application in a way or manner that interferes with the
communication of a
third party.
(15) Unauthorized access to computers, telecommunications equipment, etc. operated by the Company or
a
third party,
cracking, attacking, or similar acts.
(16) Any act of sending chat or e-mail ("harassing e-mail" or "spam") that is or may be
objectionable to
a third
party, or any similar act.
(17) Acts that use or provide, or may provide to a third party, computer viruses, etc., using this
Application.
(18) Any other use of this Application in a manner or manner that infringes on the legal interests
of
others or is
offensive to public order and morals.
(19) Use the Services for any purpose that is unlawful, beyond the intended use, or prohibited by
these
Terms or the
terms of any third party governing a particular Service.
Article 11 [Our Audit]
If we have any doubt, based on reasonable evidence, as to whether or not you are using this
Application
in accordance
with the Terms of Use, we may have you submit a report regarding it.
Article 12 [Effective Period]
This Agreement shall become effective when the User agrees to the terms of this Agreement and a
contract
regarding the
use of this Application is deemed to have been formed.
Article 13 [Suspension of Use, Revocation of Rights]
1. The User may discontinue use of the Application at any time by uninstalling, discarding, or
deleting
the
Application.
2. In the event of any of the following events occurring to the user, we may immediately suspend or
revoke the right
to use all or part of the right to use this application granted to the user without any notice and
without any
compensation. Upon expiration of the right to use, the user shall promptly destroy the program and
data
related to
this application.
(1) The User has violated or may violate any provision of this Agreement.
(2) The User has violated any law or ordinance, including copyright law or patent law, in connection
with this
Application or other handling.
3. The revocation by us under the preceding paragraph shall not preclude our right to claim
compensation
for losses
and damages incurred by us against the user.
Article 14 [Compensation for Damages]
1. The User may discontinue use of the Application at any time by uninstalling, discarding, or
deleting
the
Application.
2. Regardless of whether or not there is a claim for compensation for damages, we may issue a
warning to
the user if
we recognize an act of violation or the threat of violation.
3. In the event that we are legally liable to you for damages due to our intentional or gross
negligence
or otherwise,
the scope of such damages shall be limited to ordinary damages directly and actually incurred by
you,
regardless of
the cause, and we shall not be liable for any lost profits, indirect damages, consequential damages,
or
special
damages, even if we have been advised of their occurrence.
4. In the event that we are obligated to compensate a user for damages in connection with the
licensing
of this
application, the amount of compensation, regardless of the cause, shall in no case exceed the amount
actually paid by
the user to us for this application, or the amount paid by the user to us for the month in which the
damage occurred.
The maximum amount of compensation shall be the amount actually paid by the User for the Application
or
the amount
paid by the User to the Company for the month in which the damage occurred. However, this shall not
apply in the case
of intentional or gross negligence on our part.
Article 15 [Governing Law]
These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan,
notwithstanding
any applicable rule of law.
Article 16 [Court of Jurisdiction]
The Tokyo District Court shall be the exclusive court of first instance for any disputes arising
between
the Company
and the User in connection with this Agreement.
Article 17 [Other]
1. User represents and warrants that User is aware that this Application may be subject to export
controls under the
U.S. Department of Commerce Export Controls or similar laws or regulations of Japan, the EU, or
other
relevant
countries. In addition, unless User obtains a valid export license required by such laws and
regulations, User shall
not transfer the Application and any technical data or technical information related thereto
(including,
without
limitation, any and all technical information, software, drawings, instruction manuals, data,
documents,
etc.)
provided by Company under this Agreement to or from User's country of origin. ) outside of the
User's
country or to
any third party outside of the country.
2. User shall not, without the prior written consent of the Company, assign or grant as security to
any
third party
all or any part of its position under this Agreement or any rights arising from this Agreement, or
have
any third
party assume all or any part of its obligations arising from this Agreement.
3. The failure of either party to carry out any of the provisions of these Terms and Conditions or
any
of its rights
with respect thereto, or to exercise any of its options hereunder, shall not be deemed a waiver of
such
provisions,
rights or options, nor shall it in any way affect the validity of these Terms and Conditions The
validity of these
Terms and Conditions shall not be affected in any way.
Nor shall the failure of either party to exercise any such provision, right, or election shall
preclude
the later
enforcement or exercise of the same or any other provision, right, or election under these Terms and
Conditions.
4. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to
be
illegal or
invalid, the remaining provisions of these Terms and Conditions shall remain in full force and
effect.
5. This Agreement constitutes the entire and only agreement between the parties with respect to the
grant of the right
to use this Application, and any and all prior written or oral agreements existing between the
parties
shall cease to
be effective.
New Business Development Team
MAYA Holdings, Inc.
info@castellino-app.com
*On Saturdays, Sundays, national holidays, year-end and New Year holidays, and Golden Week, we
will
respond on the next
business day or later.
[Established August 2, 2022]
