Terms of Use

This translation is a draft. If it differs from the Japanese version, the Japanese version prevails.

These Terms of Use (the "Terms") set out the conditions for using this photo and video sharing app (the "App"). By using the App, you ("User") are deemed to have agreed to the Terms. If you do not agree, do not use the App.

Article 1 (Definitions)

• "Provider" means the person who distributes the App.
• "Owner" means a User who contracts for their own cloud service (such as Google Cloud), runs the storage (the backend) for photos and other data, and creates groups.
• "Member" means a User who has been invited to and joined an Owner's group.
• "Posts" means the photos, videos, nicknames and other information that a User stores or shares through the App.

Article 2 (How the service works, and the Provider's position)

Photos, videos and member information are stored in the cloud service that the group's Owner contracts for themselves. The Provider neither receives nor can see them, and has no part in running, managing or paying for the storage. The Provider only supplies the App as a tool and is not a party to any arrangement between an Owner and a Member, or between Members. Each Member's favorite folders (a personal setting) are also stored in the Owner's cloud service, where the Owner may be able to read them; other Members cannot see them.

Article 3 (The Owner's role)

A group's Owner can invite and remove Members, review reported Posts, delete any photo, video or event in the group (including other Members' Posts) and restore deleted ones. A Member can delete only the photos and videos they posted themselves. Each group is run, and its Posts are managed, at its Owner's responsibility.

Article 3-2 (Owner's obligations)

1. The Owner complies with laws on the protection of personal information (including the laws of the region if a Europe region is chosen) and other laws in running the group and in handling photos, videos, rosters, access logs and the like.
2. The Owner handles rosters and access logs only for running the group, keeping it secure and responding to requests under law, and cooperates when the police or other authorities make a lawful request.
3. The Owner will make an effort to tell Members in advance when they stop running the service or move the data.
4. The Owner is responsible for anything arising from the Owner's operation (including the cloud service contract and fees, settings, management of data, and dealings with Members).

Article 4 (Prohibited conduct)

Users must not:
1. act in violation of law or public order and morals, or take part in any crime;
2. infringe others' copyright, portrait rights, privacy, reputation or other rights or interests;
3. post sexually explicit photos or videos, sexual images taken or shared without the person's consent, or any sexual depiction of a minor (sexual content involving minors is illegal and may be reported to the police);
4. post violent or discriminatory content, defamation, threats, stalking, harassment, content encouraging suicide or self-harm, or any other content that hurts others;
5. impersonate another person or join under false information;
6. commit fraud, solicit illegal or harmful goods or services, or advertise or solicit for profit without permission;
7. gain unauthorized access, send viruses or other harmful programs, place excessive load on or disrupt the App, the backend, cloud service or other facilities, reverse engineer, or exploit vulnerabilities;
8. use the App if they are a member of an organized crime group or another antisocial force (a yakuza organization or member, an associate, a corporate extortionist, a person posing as a social movement or political activist for gain, a special intelligence violent group, or anyone equivalent) (an "Antisocial Force"), have any relationship with one, or use the App to encourage or assist its activities; or
9. encourage any of the above, or do anything else the Provider or the Owner considers inappropriate.

Article 4-2 (Consent of people shown)

When posting a photo or video that shows a person, a User must obtain the consent of the person shown (or, for a minor, of their parent or other legal guardian). Do not post a photo or video for which consent has not been obtained.

Article 5 (Response to violations)

1. You can tell the Owner about a Post or person that concerns you with "Report" in the App.
2. The Owner may delete violating Posts without notice and remove the violating Member.
3. When the Provider considers it necessary to deal with a violation or a legal request, it may, without prior notice, restrict the App for the violating User, and may provide information to the police or other authorities.
4. The Provider is not responsible for any loss a User suffers because of these measures.

Article 6 (Leaving and your data)

1. You can leave a group at any time. When you leave, your nickname and the identifier that ties your roster entry to your Google Account are removed from that group's roster. The photos and videos you posted remain and are shown as a "former member". If you want your photos removed, delete them yourself before leaving. Deleted photos can be restored by the Owner for a certain period; if you want one back, ask the Owner.
2. If an Owner removes you, they may keep your roster information for management or to invite you again.

Article 6-2 (Share links and location information)

1. Until its expiry, anyone who knows a share link can view the photos and videos shared through it. Once shared photos and videos have been saved, copied or re-shared by a viewer, this cannot be undone. The User who shares is responsible for whom they give the link to and for what happens to it afterward.
2. The original of a photo or video may contain information such as where and when it was taken (location information). Saving or sharing an original passes this information on too. Check what it contains before sharing.

Article 6-3 (Rights in Posts)

The rights in photos, videos and other Posts remain with the User who posted them. The Provider acquires no rights in Posts and does not use them. A User warrants that they hold the necessary rights in their Posts and that the Posts do not infringe anyone else's rights.

Article 6-4 (Compressed videos and video limits)

1. If you choose to compress a video, what is stored is a re-encoded copy with a lower resolution and frame rate, not the original, and it cannot be turned back into the original.
2. The Owner can set limits on the length and size of videos. The App refuses to upload videos over those limits.

Article 7 (Access logs)

When you use the App, the cloud service of the group's Owner records access logs (time, requested address and your IP address). They are kept for the period the Owner has set (30 days by default) and are used to keep the service secure and to respond to requests from the police and other authorities. The Provider does not receive them.

Article 8 (Storage region)

When creating a backend, the Owner chooses the region where photo data is stored. This region cannot be changed afterward. To move to a different region, the Owner must migrate the data themselves or set it up again under a different account (existing groups and members do not move automatically). Choosing a Europe region keeps photo data within the EU.

Article 9 (Changes, suspension and end of the service)

1. The Provider may at any time, without prior notice, change the App, add or remove features, and interrupt, suspend or end the App, including stopping fixes and updates, withdrawing it from the stores, and dropping support for operating systems or devices.
2. The Provider has no obligation to modify or maintain the App, fix defects, or answer inquiries.
3. The Provider is not responsible for any loss a User suffers because of these.

Article 10 (Outages and loss of data)

1. The Provider is not responsible if the App, the backend, cloud service, Google Play, communication lines or the like suffer failure, outage, delay, or loss, corruption or leakage of data.
2. The storage is run by the Owner. Photos and videos may be lost or become unviewable because the Owner's contract ends, fees go unpaid, settings are wrong, or the Owner stops running it. Keep separate copies of important photos and videos yourself.

Article 10-2 (Force majeure)

The Provider is not responsible if providing the App is delayed or becomes impossible due to a cause beyond the Provider's control, such as a natural disaster, war, terrorism, epidemic, power failure, communication failure, failure of an external service such as Google, enactment or change of law, or an order of a public authority.

Article 11 (Disclaimer)

1. The App is provided as is. The Provider does not guarantee that the App is free of defects, errors or interruptions, or that it is secure, accurate, continuously available, fit for a particular purpose, or free of infringement of third-party rights.
2. To the extent permitted by law, the Provider is not responsible for damage to, or loss or disclosure of, data, or for any resulting lost profits or indirect or special damages, arising in connection with use of, or inability to use, the App, the backend, the setup guides, the Terraform configuration or any other materials the Provider publishes.
3. Disputes between Users (between an Owner and a Member, between Members, or between a User and a third party, about the content of Posts, infringement of rights, reputation or privacy, running a group, leaving, sharing of costs, and so on) are to be resolved by the parties themselves. The Provider has no obligation to become involved and is not responsible for them.
4. The Provider is not responsible for an Owner's actions (managing or deleting Posts, removing Members, handling rosters or access logs, and so on).
5. Notwithstanding any other provision of the Terms (including every provision that limits the Provider's responsibility), the Provider is not exempted to the extent it acts intentionally or with gross negligence. Where the contract for using the App is a consumer contract under Japan's Consumer Contract Act and the Provider is liable under law, the Provider's liability is limited to ordinary, direct losses and capped at the amount the User paid the Provider for paid plans in the 3 months before the loss arose; this limit does not apply where the Provider acts intentionally or with gross negligence.

Article 12 (User's responsibility)

1. Users are responsible for their own Posts and for how they use the App.
2. A User resolves any dispute with another User or a third party at their own cost and responsibility.
3. A User who violates the Terms or causes the Provider loss (including legal fees) through use of the App must compensate the Provider for it.

Article 12-2 (Account management)

Users manage their own Google Account and device at their own responsibility. The Provider is not responsible for loss arising from another person using the App because an account was taken over or a device was lost or stolen.

Article 13 (Paid plans and external services)

1. Paid plans are bought through Google Play. Payment and refunds are governed by Google Play's terms. The content, prices and limits of plans may change.
2. The App relies on external services such as your Google Account, cloud service and Google Play. Each service's own terms apply, and the Provider is not responsible for changes, suspension or failure of those services.
3. If a paid plan ends or can no longer be confirmed through Google Play, the Owner's App may stop sharing in the groups that exceed the limits of the remaining plan. While sharing is stopped, Members other than the Owner cannot see that group. It is restored automatically once the plan returns and the group fits within its limits.
4. The App treats the purchases that Google Play shows for the Google Play account on the device as the Owner's plan; that account is not linked to the Google Account used to sign in. Changing the Google Play account or the device can make a plan look as if it had ended and stop sharing. Owners are advised to run their groups from one device. The Provider is not responsible for any damage caused by sharing being stopped or interrupted.

Article 14 (Minors)

If you are a minor, use the App only with the consent of your parent or other legal guardian.

Article 15 (Changes to the Terms)

The Provider may change the Terms when necessary, in accordance with law. The changed Terms are shown in the App and you are asked to accept them again. If you do not accept, you can no longer use the App.

Article 15-2 (Assignment and survival)

1. A User may not assign, or pledge as security, their position, rights or obligations under the Terms. The Provider may hand over the running of the App to another person, in which case its position under the Terms passes too.
2. After the Terms end, Article 5, Articles 9 to 12-2, Article 15-2 and Article 16 remain in effect.

Article 16 (Severability, language, governing law and courts)

1. If any part of the Terms is held invalid, the rest remains in effect.
2. The Terms are shown in several languages; if they differ, the Japanese version prevails.
3. The Terms are governed by Japanese law. For any dispute about the App, the district court having jurisdiction over the Provider's location is the agreed court of first instance.
4. If the law of the country or region where a User is located gives consumer rights that cannot be excluded by the Terms, the Terms do not affect those rights.

Article 17 (Contact)

For inquiries about the App and for reports of infringement or the like, contact:
Provider: Kenji Koikeda
Email: contact@studio10dots.com