Nayumo Terms of Use

1. Eligibility

You may use the App only if you have the legal capacity to agree to these Terms. If you are a minor, you must obtain the consent of a parent or legal guardian. You are responsible for obtaining and maintaining, at your own expense, the device, network connection, marketplace account, and other environment necessary to use the App.

2. License and Intellectual Property

Subject to your compliance with these Terms, the Operator grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use the App for your personal and non-commercial purposes.

All rights not expressly granted are reserved by the Operator or the applicable rightsholder. Intellectual property rights in the App, its design, software, and Operator-provided content belong to the Operator or the applicable rightsholder. Third-party and open-source components remain subject to their respective licenses. Your rights in your own notes and other content are not transferred to the Operator.

3. Personal Notes; No Medical or Emergency Service

The App is a tool for writing and organizing personal worries and reflections. Templates, labels, record statuses, and other features are organizational aids, not professional assessments or recommendations. The Operator does not guarantee that using the App will resolve a problem, improve your wellbeing, or produce any particular result.

The App is not a medical device, healthcare service, therapy, counseling, diagnosis, treatment, or a substitute for qualified professional assistance. Decisions and actions concerning your health, relationships, finances, work, or other circumstances remain your responsibility.

The App and the Operator's contact form are not emergency channels. The Operator does not provide a service for monitoring your notes, assessing your safety, responding to distress, or contacting you or emergency services on your behalf. If you or another person is in immediate danger, contact the appropriate local emergency service directly. Do not wait for a response from the App or the Operator.

Any helpline, organization, telephone number, or link shown in the App is general information about an independent third party. Its availability, accuracy, eligibility requirements, operating hours, language support, and response are not guaranteed by the Operator. When practicable, verify relevant details with the organization itself. The Operator does not undertake continuous monitoring of those resources.

4. Your Content, Device, and Data

You are responsible for the content you enter, decisions you make using it, and any content you export or share. You retain your rights in your content and are responsible for respecting applicable law and other people's rights when handling it.

Notes and drafts are stored on your device. The App does not provide an Operator-hosted account, cloud synchronization, or note-recovery service. Device or operating-system backup services, if enabled, are governed by their own settings and policies; their operation and compatibility with the App are outside the Operator's control.

You are responsible for safeguarding your device, credentials, authentication settings, exported files, and backups. Exported files may contain sensitive information in a readable form. Choose sharing destinations carefully. Copies shared with others or saved outside the App are not protected by the App's lock and cannot necessarily be recalled or deleted through the App.

Data may become unavailable or be lost or corrupted following deletion, uninstalling the App, loss or replacement of a device, changes to authentication or encryption information, failed backup or restoration, updates, or other events. The Operator does not undertake to keep a copy of your notes, restore lost content, recover encryption keys, or migrate your data for you. App locks, encryption, and screen-protection features do not guarantee protection against every form of access, disclosure, or capture.

These allocations of responsibility do not exclude any non-excludable duty or liability of the Operator under applicable law or change the Operator's commitments in the Privacy Policy.

5. Prohibited Conduct

You must not:

• violate applicable law or infringe the rights of the Operator or a third party;
• copy, distribute, sell, lease, or publicly transmit the App without authorization, except as permitted by applicable law or a relevant third-party license;
• reverse engineer, decompile, or disassemble the App, except to the extent permitted by applicable law or a relevant third-party license;
• tamper with licensing, access-control, advertising, or security functions, other than through permitted App or operating-system controls or as allowed by law;
• generate fraudulent advertising activity, gain unauthorized access, introduce malicious code, impose excessive load, or interfere with the App or related systems;
• remove or alter a copyright, trademark, or other proprietary notice; or
• resell the App or provide a service using the App without the Operator's prior written permission.

6. Advertising and Third-Party Services

The Operator may display third-party advertisements in locations, forms, methods, and frequencies determined by the Operator, subject to applicable law and required consent. Advertising availability is not guaranteed. An advertisement or third-party link does not constitute the Operator's endorsement or guarantee of an advertiser, product, service, or organization.

Marketplaces, advertising services, external websites, contact services, operating-system features, and sharing destinations are provided by independent third parties under their own terms and policies. You are responsible for evaluating and using them. The Operator does not control their content, availability, account decisions, outages, or specification changes.

7. Privacy

The handling of information in connection with the App is governed by the Hinomaru Labs Privacy Policy. Nothing in these Terms permits information to be handled contrary to that policy or applicable law.

8. Changes, Suspension, Discontinuation, and Support

The Operator may add, change, restrict, suspend, or discontinue features, specifications, design, advertisements, supported environments, availability, delivery methods, or support relating to the App. Your license may be restricted or terminated for a breach of these Terms to the extent permitted by law. You may stop using the App at any time.

The Operator may suspend or discontinue all or part of the App because of maintenance, incidents, security concerns, third-party service issues, legal or marketplace requirements, or other operational reasons. Individual advance notice is not promised unless required by applicable law. Export any content you wish to keep while the relevant feature remains available.

The Operator does not guarantee continued availability, updates, compatibility, correction of every defect, data recovery, or individual technical support. The Operator may determine whether and how to respond to inquiries and does not promise a particular response time, except where applicable law requires otherwise.

9. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the App is provided on an “AS IS” and “AS AVAILABLE” basis. The Operator makes no express or implied warranty regarding accuracy, completeness, usefulness, safety, reliability, fitness for a particular purpose, freedom from errors, non-infringement, compatibility, security, uninterrupted access, preservation of data, or continued provision. This section does not exclude warranties or remedies that cannot lawfully be excluded.

10. Limitation of Liability

The Operator is not responsible for damage that is not attributable to the Operator, including damage caused solely by your breach of these Terms, improper use, a device, network, marketplace, advertisement, or independent third-party service. The same applies to events beyond the Operator's reasonable control, including natural disaster, power or network failure, and third-party acts.

To the extent permitted by applicable law, where the Operator is liable solely because of ordinary negligence, and not willful misconduct or gross negligence by the Operator, its representatives, or employees, liability is limited to actual, direct, and ordinary damage. In those cases, indirect, incidental, special, consequential, or punitive damage, lost profits, and loss of opportunity are excluded, and the Operator's total aggregate liability to you arising from or relating to the App, for all claims combined and whether arising in contract, tort, or otherwise, is limited to JPY 1,000.

The exclusions and limits in the preceding paragraph do not apply to willful misconduct or gross negligence by the Operator, its representatives, or employees. Nothing in these Terms excludes or limits liability for death or personal injury where such a restriction is prohibited, mandatory consumer remedies, or any other liability that cannot lawfully be excluded or limited. Mandatory law prevails over any conflicting provision.

11. Compensation for Your Misconduct

To the extent permitted by applicable law, if your intentional or negligent violation of these Terms, unlawful conduct, or infringement of a third party's rights causes damage to the Operator, you must compensate the Operator for the damage attributable to that conduct, including reasonable legal costs recoverable under applicable law.

12. Changes to These Terms

The Operator may amend these Terms to the extent permitted by applicable law. The Operator will make the revised Terms and their effective date available on its website. Where required by law, this will be done before the amendment takes effect, and any additional legally required notice or consent will be provided or obtained. A revision does not become binding merely because it has been posted if applicable law requires further conditions to be met.

The Operator does not undertake to send individual email or push notifications of every amendment unless legally required. If you do not agree to a binding amendment, stop using the App and preserve any content you wish to keep.

13. Transfer of Rights and Obligations

You may not assign, transfer, pledge, or otherwise dispose of your rights or obligations under these Terms without the Operator's prior written consent. To the extent permitted by applicable law, the Operator may transfer the App business and related rights and obligations to a successor without obtaining separate consent from each user. Any transfer of personal information remains subject to applicable law and the Privacy Policy.

14. Severability and No Waiver

If a provision is invalid or unenforceable, the remaining provisions remain in effect to the extent permitted by law. The Operator's failure or delay in exercising a right does not constitute a waiver of that right.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of Japan. Subject to any mandatory law to the contrary, a dispute arising from or relating to the App or these Terms is subject to the exclusive jurisdiction, as the court of first instance, of the district court or summary court having jurisdiction over the Operator's address when the action is filed.

This choice of law and jurisdiction does not deprive you of non-waivable consumer protections or rights to bring proceedings in a court available to you under mandatory law.

16. Contact

Questions concerning these Terms or the App may be submitted through the official Hinomaru Labs contact form. Do not use this form for emergency assistance. Submitting an inquiry does not create a counseling, monitoring, data-recovery, or other individual service obligation.

Contact Hinomaru Labs