Sekigae.app
Terms of Service

Terms of Service

This Terms of Use Agreement ("Agreement") sets forth the terms and conditions for the use of the high-functionality seat assignment application "Sekigae.app" (hereinafter referred to as the "Service") operated or provided by and "Kakkokari" (hereinafter referred to as the "Operator"). By browsing this website (sekigae.app) or accessing and using the Service via the internet, you (hereinafter referred to as the "User") agree to use the Service in accordance with this Agreement.

Please note that this Agreement is not applicable to open-source software and services using it. It applies exclusively to sekigae.app.

The software itself is provided under the GNU Affero General Public License v3.0, as indicated in the source code. If the software is used in services other than the Service (sekigae.app), please contact the provider of that service for their terms of use and conditions.

Article 1 (Applicability)

  1. This Agreement applies to all relationships related to the use of the Service between the User and the Operator.
  2. The Operator may establish rules, etc. (hereinafter referred to as "Individual Provisions") in addition to this Agreement regarding the use of the Service. Regardless of their name, these Individual Provisions are considered part of this Agreement.
  3. In the event of a conflict between the provisions of this Agreement and those of the Individual Provisions in the preceding paragraph, unless otherwise specified in the Individual Provisions, the provisions of the Individual Provisions shall take precedence.

Article 2 (Terms of Use and Procedures)

No user registration is required to use the Service.

Article 3 (Usage Fees and Payment Methods)

The use of the Service is free of charge.

Article 4 (Prohibited Actions)

Users are prohibited from engaging in the following actions when using the Service:

  • Actions that disrupt or interfere with the functioning of the Operator, the Service, or third-party servers or networks.
  • Actions that may obstruct the operation of the Service.
  • Unauthorized access or attempts to do so.
  • Actions that provide direct or indirect benefits to antisocial forces in connection with the Service.
  • Actions that infringe upon the intellectual property rights, portrait rights, privacy, honor, or other rights or interests of the Operator, other users of the Service, or third parties.
  • Actions aimed at or for purposes that the Operator deems as follows:
    • Actions that lead directly to business, advertising, promotion, solicitation, or other profit-making purposes through the use of the Service (except as approved by the Operator).
    • Actions aimed at or for sexual or obscene activities.
    • Actions aimed at or for encounters or relationships with strangers of the opposite sex.
    • Actions aimed at harassing, defaming, or slandering other users.
    • Actions aimed at causing harm, damage, or discomfort to the Operator, other users of the Service, or third parties.
    • Actions that use the Service for purposes other than those envisioned by the Operator.
    • Religious activities or solicitation for religious organizations.
  • Other actions deemed inappropriate by the Operator.

Article 5 (Suspension of Service Provision, etc.)

  1. If the Operator determines that any of the following reasons exist, the Operator may suspend or interrupt all or part of the provision of the Service to the User without prior notice:
    • When maintenance, inspection, or updating of the computer system for the Service is carried out.
    • When the provision of the Service becomes difficult due to force majeure events such as earthquakes, lightning, fire, power outages, or natural disasters.
    • When the computer or communication network is stopped due to an accident.
    • When the Operator deems the provision of the Service to be difficult for any other reason.
  2. The Operator may terminate the provision of the Service at its discretion. In such a case, the Operator shall notify the User in advance.
  3. The Operator shall not be responsible for any disadvantages or damages incurred by the User or third parties due to the suspension or interruption of the provision of the Service.

Article 6 (Usage Restrictions)

  1. If the User falls under any of the following conditions, the Operator may, without prior notice, restrict the User from using all or part of the Service:
    • If the User violates any provision of this Agreement.
    • If false information is found in the registered information.
    • If there is a default in obligations.
    • If there is no response to communication from the Operator for a certain period of time.
    • If there has been no use of the Service for a certain period of time.
    • If the Operator deems the use of the Service to be inappropriate for any other reason.
  2. If any of the conditions in the preceding paragraph apply, the User shall lose the benefit of the term for all obligations owed to the Operator and shall immediately and in a lump sum pay all obligations then due.
  3. The Operator shall not be liable for any damages incurred by the User as a result of the actions taken by the Operator based on this Article.

Article 7 (Disclaimer and Limitation of Liability)

  1. The Operator does not expressly or implicitly warrant that the Service is free from defects (including safety, reliability, accuracy, completeness, effectiveness, suitability for a particular purpose, security, etc.) in fact or in law.
  2. Except in cases of willful misconduct or gross negligence by the Operator, the Operator shall not be liable for any damages incurred by the User as a result of the Service. However, this disclaimer shall not apply if the contract between the Operator and the User regarding the Service (including this Agreement) is deemed a consumer contract under the Consumer Contract Act.
  3. Even in the case stipulated in the proviso of the preceding paragraph, the Operator shall not be liable for any damages caused to the User by the Operator's negligence (excluding gross negligence). Furthermore, the compensation for damages caused by the Operator's negligence (excluding gross negligence) shall be limited to the amount of the usage fees received from the User for the month in which the damage occurred.
  4. The Operator shall not be responsible for any transactions, contacts, disputes, etc. that arise between the User and other users or third parties in connection with the Service.

Article 8 (Changes to Service Content, etc.)

The Operator may change, add, or discontinue the content and specifications of the Service, and the User agrees to such changes.

Article 9 (Personal Information)

The Service does not collect or store personally identifiable information.

Article 10 (Changes to the Terms of Use)

  1. The Operator may change this Agreement without obtaining individual consent from the User in the following cases:
    • When the change to this Agreement is in the general interest of the User.
    • When the change to this Agreement does not contradict the purpose of the Service use agreement and is reasonable in view of the necessity of the change and the substance of the change.
  2. In the event of a change to this Agreement as described in the preceding paragraph, the Operator shall notify the User in advance of the intent to change this Agreement, the content of the changed Agreement, and the effective date of the change.
  3. Anyone who uses the Service after the changed terms and conditions come into effect shall be deemed to have agreed to the changed terms and conditions.

Article 11 (Notifications or Communications)

Notifications or communications between the User and the Operator shall be made by the method specified by the Operator. Unless the Operator receives notification of a change in contact information in accordance with a separate method specified by the Operator, the currently registered contact information shall be deemed valid and notifications or communications sent to that contact information shall be considered to have reached the User at the time of transmission.

Article 12 (Prohibition of Assignment of Rights and Obligations)

Without the prior written consent of the Operator, the User may not assign to or pledge to a third party any rights or obligations under the usage agreement or this Agreement.

Article 13 (Status of Translated Agreements)

This Agreement and Individual Provisions may be translated in whole or in part for the convenience of the User, but in the event of any inconsistency between languages, the Japanese version, which is the original version, shall prevail.

Article 14 (Severability)

If any provision or part of any provision of this Agreement is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of this Agreement and the remaining part of the provision determined to be invalid or unenforceable shall continue to be fully effective. The Operator and the User shall endeavor to modify the invalid or unenforceable provision or part to make it legal and enforceable, while ensuring that it achieves the intended purpose and has a legal and economic effect equivalent to that of the invalid or unenforceable provision or part.

Article 15 (Governing Law and Jurisdiction)

  1. Japanese law shall govern the interpretation of this Agreement.
  2. In the event of a dispute arising in connection with the Service, the court with jurisdiction over the address of the Operator shall have exclusive jurisdiction.

Updated on August 18, 2023