These Terms of Service (these “Terms”) set out the conditions under which Futatoki the Clock (the “Service”) is provided and may be used. Please read these Terms before using the Service.
The Service is a learning-aid analog clock app for children. If a child uses the Service, a parent or guardian must agree to these Terms on the child’s behalf and supervise the child’s use.
Article 1 (Definitions)
In these Terms, the following terms have the meanings set out below.
- The Operator means Glimmer Works (グリマワークス), which provides the Service.
- The Software means the application “Futatoki the Clock” provided by the Operator, in any form, including its web-browser form (and any progressive web app form), as well as any form in which it may in the future be distributed through an App Store or by any other means.
- The Service means the Software together with the services that the Operator provides in connection with it.
- The User means any person who uses the Service.
- App Store means Apple App Store, Google Play, and any other platform through which the Software is distributed.
Article 2 (Application)
- These Terms apply to all matters concerning the provision and use of the Service.
- By using the Service, the User is deemed to have agreed to these Terms.
- If a child uses the Service, a parent or guardian must agree to these Terms, explain the contents to the child as appropriate, and supervise the child’s use.
Article 3 (Fees)
The Service is provided free of charge. Communication fees and any other costs incurred in connection with the use of the Service are borne by the User.
Article 4 (Use of the Software)
- The source code of the Software may be used in accordance with the open-source license published separately. For the contents of that license, please refer to the notice that accompanies the distribution of the Software.
- The Operator grants the User a non-exclusive right to use the Software as provided as part of the Service for personal, non-commercial purposes. Nothing in this paragraph limits any rights granted to the User under the open-source license referred to in the preceding paragraph.
- The Service is provided on an “as is” basis (in the state it is in at the time of provision).
Article 5 (Nature of the Service)
- The Service is a learning-aid tool intended to help children learn to read a clock.
- The Service does not guarantee any particular learning outcome, educational result, or level of mastery. The pace of learning varies from child to child.
Article 6 (Intellectual Property)
- The license to use the source code set out in Article 4, paragraph 1 does not include the right to use the names “Futatoki,” “Futatoki the Clock,” “扶嗒托基,” or any other related names, logos, or associated design features (trade dress). Use of these requires separate authorization from the rights holder.
- Materials distributed through the Service (such as the learning-asset packs) are governed by the conditions set out on the page on which they are distributed.
Article 7 (Use through an App Store)
- If the User obtains or uses the Software through an App Store, the terms set by the operator of that App Store may apply in addition to these Terms.
- Where these Terms conflict with the App Store terms referred to in the preceding paragraph, the App Store terms may take precedence with respect to acquisition and use through that App Store.
Article 8 (Prohibited Conduct)
The User must not engage in any of the following in connection with the use of the Service.
- Acts that violate any law or regulation, or that are against public order and morals.
- Acts that interfere with the operation of the Service, or attempts at unauthorized access.
- Use of the Service’s brand names or design features without authorization from the rights holder in a manner that may cause third parties to be confused as to origin.
- Any other act that the Operator reasonably deems inappropriate.
Article 9 (Disclaimer)
- The Operator makes no warranty, express or implied, as to the accuracy, completeness, usefulness, fitness for a particular purpose, continuous availability, or freedom from errors or defects of the Service.
- Except in cases of the Operator’s willful misconduct or gross negligence, the Operator is not liable for any damage arising from the use of, or the inability to use, the Service.
- Notwithstanding the preceding paragraph, where the Operator does bear liability, that liability is limited to the extent permitted by applicable law.
- The Service is intended as a learning aid; the Operator gives no warranty as to the results obtained from its use. Decisions about how to use the Service are the responsibility of the User.
Article 10 (Changes, Suspension, and Termination of the Service)
- The Operator may change the content of the Service, or suspend or terminate the provision of the Service, without prior notice to the User.
- The Operator is not liable for any damage suffered by the User as a result of such changes, suspension, or termination, in accordance with the preceding article.
Article 11 (Personal Information and Privacy)
The handling of information in connection with the Service is governed by the separately published Privacy Policy.
Article 12 (Governing Law and Jurisdiction)
- These Terms are governed by, and construed in accordance with, the laws of Japan.
- The preceding paragraph does not affect the application of mandatory provisions of consumer protection law of the country of the User’s habitual residence, where the User is a consumer.
- Any dispute arising in connection with the Service shall be subject to the exclusive jurisdiction of the court having jurisdiction over the Operator’s location, as the court of first instance.
Article 13 (Changes to These Terms)
- The Operator may amend these Terms at any time, without prior notice, where the Operator deems it necessary.
- Amended Terms take effect upon being posted on the Service. By using the Service after such posting, the User is deemed to have agreed to the amended Terms.
Article 14 (Language)
These Terms are originally in Japanese, and the Japanese version is the controlling text. In the event of any inconsistency between the Japanese original and any translation, the Japanese version prevails.