Fratt Terms of Service

(This is a reference translation of the Fratt Terms of Service from Japanese into English for the convenience of users. Please note that if you use our services, the original Terms of Service, not this reference translation, will apply.)

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These Terms of Service (the “Terms”) govern your use of the Fratt mobile application (the “Service”) provided by Croppre Inc. (“we” or “us”). Please read these Terms carefully before using the Service.

Article 1 (Definitions)

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

(1) Service	Services and related services operated by us
(2) App	The “Fratt” smartphone application provided by us
(3) Content	A collective term for text, sound, still images, moving images, 3D models, software programs, code, and other items provided on the Service (including posted information)
(4) User	Anyone who uses the Service
(5) Registered User	A person who has completed registration to use the App
(6) ID	A unique character string held by a Registered User for the purpose of using the Service
(7) Password	A code set by a Registered User for the ID
(8) Personal Information	A collective term for information that can be used to identify an individual, such as an address, name, occupation, and telephone number
(9) Registration Information	A collective term for the information that a Registered User has registered on the App (excluding posted information)
(10) Intellectual Property	Inventions, creations, new plant varieties, designs, copyrights, trademarks, trade names, and other items created through human creativity (including natural laws or phenomena that have been discovered or clarified and have industrial applicability), as well as technical or business information useful for business activities
(11) Intellectual Property Rights	Rights or interests protected by law or regulations regarding patents, utility model rights, breeders’ rights, design rights, copyright, trademark rights, or other intellectual property rights or interests protected by law or regulations in relation to business activities

Article 2 (Agreement to the Terms)

By using the Service, you agree to these Terms.
By downloading the Service to a smartphone or other information terminal and completing the procedures for agreeing to these Terms, a usage contract shall be established between you and us based on the provisions of these Terms.
If you are a minor, please use the Service with the consent of your legal guardian or other legal representative.
If a minor User falsifies consent to use the Service by pretending to have obtained the consent of a legal representative, or by falsely pretending to be an adult, or by using fraudulent means to mislead others into believing that they have the capacity to act, they cannot cancel any legal acts related to the Service.
If a User who was a minor at the time of agreeing to these Terms uses the Service after reaching the age of majority, they shall be deemed to have ratified all legal acts related to the Service.

Article 3 (Modification of the Terms)

We can revise the contents of these Terms at any time without obtaining the consent of the User, and the User shall accept this without objection.
When we revise these Terms, we will notify the User of the contents of the revision by the method specified by us.
When we revise these Terms, we will notify the User of the contents and the effective date of the revision by the method specified by us before the effective date.
If the User uses the Service after the revision of these Terms or does not take steps to cancel their registration within the period specified by us, they will be deemed to have agreed without objection to the revised Terms.

Article 4 (Membership Registration)

Those who wish to register for this service (hereinafter referred to as “registration applicants”) must apply for registration using the prescribed method after agreeing to these terms and conditions.
Those who have applied for registration will become registered users from the point at which our company accepts the application and ID registration is completed.
Our company will provide registered users with notifications of information and advertisements by email. Please note this in advance.
Our company may not accept an application for membership if the registration applicant falls under any of the following items at our discretion:

a. When the registration applicant applies for registration without following the methods specified by our company.

b. When the registration applicant has received a withdrawal penalty due to violating these terms and conditions or other usage guidelines specified by our company in the past.

c. When our company determines that the registration applicant has registered using fraudulent means.

d. When the registration applicant has registered information other than their own.

e. In any other case where our company deems it inappropriate.

Article 5 (Account Management)

The user shall register and manage information (including email address, ID, password, etc., hereinafter referred to as “Registration Information”) at their own discretion and responsibility when using the service. The user shall not allow a third party to use the Registration Information, nor lend, transfer, change the name, sell, or engage in any such activity.
If the service is used with Registration Information, the user who registered the information shall be deemed to have used the service, and the user shall be solely responsible for any results and all responsibilities arising from such use.
If the user causes damage to the company or a third party due to unauthorized use of Registration Information, the user shall compensate for such damage.
The user shall manage the Registration Information at their own responsibility, and the company shall not be liable for any disadvantages or damages incurred by the user due to inaccurate or false Registration Information.
If it is discovered that the Registration Information has been stolen or used by a third party, the user shall immediately notify the company and follow the company’s instructions.

Article 6 (Handling of Personal Information, etc.)

The company shall handle personal information and user information appropriately in accordance with the “fratt Privacy Policy” separately established by the company.

Article 7 (Prohibited Acts)

When using the service, the company prohibits users from engaging in the following acts. If the user violates any of the prohibited acts, the company may take measures such as temporary suspension of use or withdrawal of membership for the user. (1) Acts that infringe on the intellectual property rights of the company or a third party (2) Acts that defame or unfairly discriminate against the reputation and credibility of the company or a third party (3) Acts that infringe on or may infringe on the property of the company or a third party (4) Acts that cause economic damage to the company or a third party (5) Threatening acts against the company or a third party (6) Posting or disseminating the following information:

Information that poses a risk of damage to the rights and property of third parties
Harmful information to third parties, information that physically or psychologically harms third parties
Information that belongs to crimes, illegal acts, dangerous acts, and information that incites or assists them
Information that has content that intends to or may cause illegal, harmful, threatening, abusive, racist, defamatory, insulting, harassing, provocative, or offensive activities
User content that distributes sexual acts, socializing with the opposite sex, or dating, etc.
Information that is known to be untrue or nonexistent
Information that the user does not have control over
Information that infringes on intellectual property rights, including copyrights of third parties, and other property rights that infringe on the public interest or individual rights
Information such as images and documents that fall under obscenity, child pornography, or child abuse
Information that violates laws such as the Medical Practitioners Act
Other information that the company deems inappropriate (7) Improper use of communication functions (voice chat, text messages, etc.) in the service (e.g., harassment, bullying, harassment, use of inappropriate words, etc.) (8) Improper or illegal use of avatars or 3D spaces (9) Acts that use computer viruses or harmful programs or induce them (10) Acts that cause excessive stress on the infrastructure equipment for the service (11) Attacks on the server, system, and security of this site (12) Attempts to access the company’s service by means other than the interfaces provided by the company (13) Acts of obtaining multiple user IDs for one user (14) Other acts that the company deems inappropriate

Article 8 (Suspension of the Service, etc.)

If any of the following applies, the company may suspend or interrupt all or part of the service without prior notice to the registered user: (1) Regular or emergency inspection or maintenance of the computer system related to the service (2) Accidents that cause computers, communication lines, etc. to stop (3) Natural disasters or other force majeure events that make it impossible to operate the service (4) Trouble, interruption or suspension of service provision, interruption of cooperation with this service, or specification change, etc. with an external service (5) If the company reasonably determines that suspension or interruption is necessary for any other reason
The company may terminate the provision of the service at its reasonable judgment. In this case, the company shall notify the registered user in advance.
The company shall not be liable for any damages incurred by the registered user due to the measures taken by the company based on this article.

Article 9 (Cancellation of Registration, etc.)

Without prior notice or warning, the company may temporarily suspend the use of the service or cancel the registration as a registered user if any of the following applies to the registered user: (1) Violation of any provision of this Agreement (2) Discovery of false facts in the registration information (3) Use or attempt to use the service for purposes or methods that may cause damage to the company, another registered user, an external service provider, or any other third party (4) If the registration user can no longer receive the service or cooperation of an external service provider due to a violation of an external usage policy or other reasons (5) If the user obstructs the operation of the service by any means (6) In the event of death (7) If there has been no use of the service for six months and there has been no response to contact from the company (8) If any of the items in Article 3, paragraph 3 apply (9) If the company reasonably determines that the continuation of the registration as a registered user is not appropriate
The company shall not be liable for any damages incurred by the registered user due to the actions taken by the company based on this article.

Article 10 (Messaging Function)

Users can use the messaging function on the service (hereinafter referred to as “this Messaging Function”) according to the method specified by the company.
This Messaging Function is not intended for closed communication between users, but rather for communication between three parties where one user sends a message to the company and the other user. Users who use this Messaging Function agree in advance in this paragraph that the message content they send may be viewed by limited staff of the company who have authority to respond to violations of this Agreement and to ensure the sound operation of the service.
The company may disclose the message content sent by the Messaging Function to the extent necessary to comply with orders, requests, or demands by courts, government agencies, or other public institutions, or as required by law. Users who use this Messaging Function agree in advance in this paragraph.
The company shall not be liable for any damages incurred by the user due to the measures taken by the company based on this article.

Article 11 (Handling of Content)

Users may only use the content of this service within the scope determined by the Company.
The Company has all rights related to the content provided in this service, and does not permit users to use the patents, utility model rights, design rights, trademark rights, copyright, or any other intellectual property rights owned by the Company.
Users are prohibited from any reproduction, transmission, transfer (including transactions between users), lending, translation, adaptation, reprinting without permission, secondary use, profit-making use, modification, disassembly, decompilation, reverse engineering, or any other method that exceeds the usage scope specified by the Company.
Notwithstanding the preceding paragraph, if the user loses their user status due to withdrawal, etc., the right to use the provided content will also expire.
Users retain the copyright (including all copyrights under Article 21 and Article 28 of the Copyright Act) for content (still images, videos, text information, and all other information) posted or sent by users on this service. However, the user grants the Company the right to use the user content freely and free of charge for the purposes of providing and promoting this service. The user also agrees not to exercise their moral rights against the Company or third parties authorized by the Company. Whether the user has set their content to be public in accordance with Paragraph 4 shall not affect the user’s license to the Company under this paragraph. While the Company may grant third parties who operate other services in conjunction with this service the right to use user content, the Company shall not use user content for purposes other than providing and promoting this service without the user’s consent, making it into goods, or any other use without the user’s consent.
Users shall ensure that their creation of user content does not infringe on the rights of third parties and confirm on their own that their user content does not infringe on the rights of third parties. When incorporating works created by third parties into user content, users shall confirm that incorporating such works into the user content and using them on this service, as well as the Company’s use of such works based on the preceding paragraph, does not violate any contracts or rules with such third parties, and that procedures such as obtaining permission from such third parties are necessary, and the user shall perform such procedures at their own responsibility.

Article 12 (Disclaimer)

The Company shall not be responsible for any damages caused by changes, interruptions, or termination of this service.
The Company shall not be involved in any way with the user’s use environment for this service, nor shall it be responsible for it in any way.
The Company does not guarantee that this service is suitable for the user’s specific purposes, has the expected functions, commodity value, accuracy, usefulness, conforms to applicable laws and regulations or internal rules of industry groups applicable to users, or that problems will not occur.
The Company does not guarantee that this service is compatible with all information terminals, and users shall understand and agree in advance that problems may occur in the operation of this service due to OS upgrades, etc., related to information terminals used for this service. The Company does not guarantee that such problems will be resolved by the correction of the program carried out by the Company.
Users shall understand and agree in advance that all or part of the use of this service may be restricted due to changes in the terms of use and operational policies of service stores such as AppStore and GooglePlay, etc.
The Company shall not be liable for any direct or indirect damages incurred by users as a result of using this service.
The Company shall not be liable for any damages (including indirect damages and lost profits) incurred by users or third parties, even if the possibility of such damages has been notified to the Company in advance.
When there is a request for deletion of a post from another user or a third party, the Company can determine whether or not to delete it at its discretion, and shall not be responsible for any liability arising from such determination.
The provisions of Paragraph 1 to the preceding paragraph shall not apply if the Company has intentional or gross negligence or if the contract is a consumer contract under the Consumer Contract Act.
Even if the preceding paragraph applies, the Company shall not be liable for any damages caused by negligence (excluding gross negligence) for special reasons.
In the event that the Company is liable for damages in connection with the use of this service, the Company shall be liable for damages up to the amount of the usage fee received from the user in the month in which the damage occurred.
The Company shall not be responsible for any disputes or troubles between users or between a user and a third party. Even if a dispute arises between a user and another user, the two parties shall resolve it at their own responsibility and shall not make any claims against the Company.
In the event that a user causes damage to another user or disputes with a third party in connection with the use of this service, the user shall bear the responsibility and cost to compensate for the damage or resolve the dispute at their own expense, and shall not cause any inconvenience or damage to the Company.
In the event that the Company receives a claim for damages or compensation from a third party due to a user’s actions, the user shall resolve it at their own expense and responsibility (including attorney’s fees). If the Company pays damages to the third party, including compensation, the user shall pay all costs (including attorney’s fees and lost profits) to the Company.
In the case that a user causes damage to the Company due to the use of this service, the user shall compensate the Company for damages (including litigation costs and attorney’s fees) at their own expense and responsibility.
The Company does not guarantee the accuracy of information posted by other users on this service. The Company shall not be responsible for any disputes or troubles related to information posted on this service. Article 13 (Publication of Advertisements) Users shall understand and agree that this service may contain various advertisements and that the Company or its partners may post any advertisement. The form and scope of advertisements on this service are subject to change by the Company at any time.

Article 14 (Prohibition of Transfer of Rights)

Users shall not transfer all or part of their position or rights or obligations based on this agreement to a third party without prior written consent from the Company.
The Company may transfer all or part of this service to a third party at its discretion, and in that case, all rights of the user related to this service, including the user’s account, shall be transferred to the transferee within the scope of the transferred rights.

Article 15 (Separability)

Even if any provision or part of this agreement is determined to be invalid or unenforceable due to the Consumer Contract Act or other laws and regulations, the remaining provisions of this agreement and the provisions that have been judged invalid or unenforceable shall remain valid and enforceable.

Article 16 (Contacting the Company)

Users may contact the Company regarding the use of this service or for inquiries using the designated contact form on the website operated by this service or through a method separately specified by the Company.

Article 17 (Governing Law and Jurisdiction)

The validity, interpretation, and performance of this Agreement shall be governed by Japanese law and interpreted in accordance with Japanese law.
Any and all disputes, controversies, or differences arising out of or in connection with this Agreement between the Company and the User shall exclusively be submitted to the Tokyo Summary Court or the Tokyo District Court with jurisdiction over the dispute according to the amount of the claim.

Effective as of May 15, 2023

Revised on May 15, 2023