App Foret

Terms of Service

These terms are for customers to comply with when using “Style Calc+” (hereinafter “the App”) provided by Design Foret (hereinafter “the Developer”). Please agree to these Terms of Service before using the App.

Article 1 (Agreement to these Terms of Service)

  1. Users can use this App upon agreeing to these Terms of Service.
  2. A usage agreement in accordance to the provisions to these Terms of Service between the User and the Developer is established when the User downloads the App onto a smartphone or other smart device and follows the procedure to agree to these Terms of Service.

Article 2 (Changes to Terms)

  1. The Developer shall be able to revise the contents of these Terms, at any time, without obtaining the consent of the User, and the User shall accept this without objection.
  2. The Developer will notify the User when changes to the Terms of Service are made by a method prescribed by the Company.
  3. The revisions to these Terms of Service will come into effect when notifications by the Company are made as per the prior clause.
  4. Users are deemed to have agreed to these Terms of Service without objection following any changes made upon using the App.

Article 3 (Handling of Personal Information etc.)

Personal information and user information will be handled appropriately according to the “Style Calc+ Privacy Policy” separately defined by the Developer.

Article 4 (Prohibited Acts)

In using the App, the Developer prohibits the User from the following acts. The Developer can temporarily suspend User usage, process withdrawals, or take other measures the Developer deems necessary if a user is deemed to have violated any of the prohibited items.

  1. Acts that violate the intellectual property rights of the Developer or a third party
  2. Acts that damage or unjustly discriminate or slander the reputation and trust of the Developer or a third party
  3. Acts that infringe, or that may infringe on the property of the Developer or a third party
  4. Acts that inflict economic damage to the Developer or a third party
  5. Acts that are threatening towards the Developer or a third party
  6. Acts that use or lead to computer viruses or harmful programs
  7. Acts that place an excessive burden on the infrastructure of the App
  8. Attacks on the Company’s website server, system, and security
  9. Attempting to access the Developer service by methods other than the interface provided by the Developer
  10. The act of a single User obtaining multiple User IDs
  11. In addition to the aforementioned, acts that are deemed inappropriate by the Company

Article 5 (Disclaimer)

  1. The Developer is not responsible for any damage caused by content change, suspension, or termination of this App.
  2. The Developer has no involvement and does not assume any responsibility for the usage environment of the App by the User.
  3. The Developer makes no guarantees in regards to: the App conforming with the User’s specific purposes; the inclusion of expected functions, accuracy, and usefulness; the User’s usage of the App conforming with laws applicable to the User, or that it conforms with internal regulations of industry groups etc.; and no instances of defects.
  4. The Developer does not guarantee that the App will be compatible with all smart devices. Users shall acknowledge in advance that issues in the operation of the App may arise as a result of OS updates etc. of the smart devices they use. The Developer does not guarantee that the aforementioned issues will be resolved through program fixes etc. when they arise.
  5. The User acknowledges in advance that the use of part or all of the App may be restricted due to changes etc. to the terms of service and operation policies of service stores such as the AppStore, and GooglePlay.
  6. The Developer is not liable for any direct or indirect damage to the User caused by using the App.
  7. The Developer will assume no responsibility for the loss of opportunity to Users or other third parties, interruption to business, or any other damage (including indirect damage or loss of profit), even if the Developer is notified in advance of the possibility of the Developer being involved in the damage.
  8. The terms in clause 1 and the preceding clauses shall not apply if there is wilful or gross negligence on behalf of the Developer, or when the contract applies to the consumer under the Consumer Contract Act.
  9. The Developer shall not be liable to compensate for damages arising from special circumstances within damages caused to Users by the Developer by acts of negligence (excluding gross negligence), even if the preceding clause applies.
  10. The Developer shall be liable for compensation up to the amount of usage from the User of the month the damage occurred if the Developer is liable for damages in regards to the use of the App.
  11. The Developer shall not be liable for any disputes or problems between Users. In the event of problems between Users, the Users shall resolve the problems amongst themselves and not make any claims to the Developer.
  12. In the event of the User causing damage to another User or a dispute arising with a third party, the User will indemnify such damages or disputes through the his/her own costs and responsibility, and will not cause any inconvenience or damage to the Developer in regards to the use of this App
  13. In the event of the Developer receiving claims for damages from a third party as a result of a User’s actions, it shall be resolved through the his/her own costs (legal fees) and responsibility. The User shall pay expenses to the Developer, including such damages (including legal fees and lost profits), if the damages are paid by the Developer to a third party.
  14. The User shall compensate any damage (including court costs and legal fees) caused to the Developer through using the App with the User’s own costs and responsibility.

Article 6 (About Publication of Advertisements)

The User understands and accepts that various advertisements are included in the App, and that the Developer or affiliated parties may publish various advertisements.The form and scope of the advertisements are changed from time to time by the Developer.

Article 7 (Prohibition of Transfer of Rights)

  1. The User shall not transfer the his/her status and rights based on these Terms of Service, or part or all of the his/her obligations to a third party without prior written consent from the Developer.
  2. The Developer may transfer all or part of this App to a third party at the Developer’s own discretion, and in that instance, including the user accounts within the range of the transfer of rights, all rights of the User involved in the App will be transferred to the assignee.

Article 8 (Separability)

In the event that any or part thereof the provisions in these Terms of Service are deemed invalid or unenforceable under the Consumer Contract Act or other laws etc., the remaining part of these Terms of Service that are not deemed to be invalid or unenforceable will continue to be completely in effect.

Article 9 (How to Contact the Developer)

Contact/inquiries related to the App from the User to the Developer shall be via a contact form the Developer has placed within the App or in an appropriate place on the website run by the Developer, or via other methods specified separately by the Developer.

<Inquiry Point of Contact>
Design Foret
E-mail : app.support@designforet.com

Article 10 (Governing Law, Court of Jurisdiction)

  1. The validity, interpretation, and the fulfilment of these Terms of Service conform with Japanese law, and shall be interpreted in accordance with Japanese law.
  2. With regard to discussions, litigation, and any other disputes between the Developer and Users etc., the Tokyo Summary Court or Tokyo District Court shall be the exclusive jurisdictional courts in accordance with the appeal.

In operation November 10, 2018