EVENTA Terms Of Service

Last updated: Jan 09, 2020

These terms and conditions govern the use of application software named “Eventa” (If the name or content of the application is changed for any reason, include the one after the change) provided by KAH LABO(Hereinafter referred to as KAH LABO). Please use this service after agreeing to these terms.

Article 1 (Definition)
1. Definitions of terms used in these terms are as follows.
(1) This application (or, this application)
Application software named “Eventa”
(2) This service (or, this service)
services provided by application software named “Eventa”
(3) App user (or, app user)
Everyone who uses this service
(4) Intellectual property (or, intellectual property)
Inventions, devices, new varieties of plants, designs, copyrighted works, other products created by human creative activities (Including any laws of nature discovered or elucidated that have industrial potential), trademarks, trade names, other products or services used in business activities, and trade secrets or other business activities. Useful technical or business information.
(5) Intellectual property rights (or, intellectual property rights)
Patent rights, utility model rights, plant breeder’s rights, design rights, copyrights, trademark rights, and other intellectual property rights that are stipulated by laws and regulations or rights that relate to profits protected by law.(6) Personal information (or, personal information)
A general term for information that can identify individuals, such as addresses, names, occupations, and telephone numbers.

Article 2 (Agreement to these terms)
1. App user shall be able to use this service after agreeing to these terms of use.
2. When the app user downloads this service to a smartphone or other information terminal and completes at the time of performing the procedure for agreeing to the terms, a user agreement shall be established between the app user and KAH LABO in accordance with the provisions of the terms.
3. If app user is a minor, please use this service after obtaining the consent of a parent or other legal representative.
4. If a minor uses this service by falsely saying that he or she is an adult regarding the age or the age, if he or she does not have the consent of a legal representative, he/she believes that he/she is a person capable of other acts. If you use fraud to cause this, you cannot undo any legal act related to this service.
5. If app user who was a minor at the time of agreement to these terms and services used this service after reaching the adult age, the app user shall be deemed to have confirmed all legal acts related to this service.

Article 3 (Change of terms)
1. KAH LABO may revise the contents of this agreement at any time without obtaining the consent of the app user, and the app user shall accept this without objection.
2  When KAH LABO revises these terms, it will notify app user by the method prescribed by KAH LABO about the contents.
3 The amendment of the preceding terms shall take effect when KAH LABO gives notice in accordance with the preceding paragraph.
4. App user will be deemed to have agreed to the changed terms of service without any objection when using this service after changing the terms.

Article 4 (Representations and Guarantees and Pledges)
1.In using this service, app user shall represent and guarantee the following matters or pledge.
(1) App user is not anti-social forces, etc. (meaning gangs, gangsters, right-wing organizations, anti-social forces, and others equivalent thereto. The same shall apply hereinafter), and shall not provide funding or other Does not engage in any kind of exchange or involvement with anti-social forces, such as through cooperation or involvement in the maintenance, operation, or management of anti-social forces, etc. In addition, the app user shall not cooperate with, maintain or operate antisocial forces, etc. during the validity period of the use contract, and shall not engage in any exchanges or involvement with antisocial forces.

Article 5 (Usage Fee)
1. The amount of the usage fee, payment date and payment method are determined on this application or on the official website.
 2. A separate communication fee is required to use this service. For payment of communication charges, follow the rules of the telecommunications carrier that provides telecommunication services to users.
3. KAH_LABO shall be able to change the usage fee amount, due date or payment method at any time without the prior consent of the app user, and the changes except as otherwise provided by KAH_LABO shall take effect from the time KAH_LABO displays the changes on this application or on the official website. KAH_LABO may notify app user in advance of these changes and their contents on this application or the official website for a period that KAH_LABO considers reasonable as the advance notice period.
4. App user shall pay the usage fee for the payment method designated by KAH_LABO as the payment method, in accordance with the payment conditions and the like separately specified by the business operator (hereinafter referred to as “payment business operator”).
5. In the event of a dispute regarding the payment of the usage fee between app user and the Payment Provider, app user shall resolve the dispute with the Payment Provider.
6. KAH_LABO shall not be liable for any such dispute unless KAH_LABO is intentionally or grossly negligent.
7. App user use “Apple Payment” or “Google Payment” to use this service.
8. Apple Charge or Google Payment User Fees
 (1) When using this service by downloading software to a compatible terminal equipped with iOS or Android, Apple Inc. and its affiliates, or Google Inc. and its affiliates, You can select the method of payment of the usage fee by the payment method provided on the App Store or Google Play Store (hereinafter referred to as “Apple payment” and “Google payment”, respectively).
 (2)  If the user pays the usage fee by Apple payment or Google payment, the “service terms” determined by each collection agency will be applied, and the usage fee will be charged by the collection agency.  KAH_LABO will not be refunded for any reason by Apple payment or Google payment or by the user’s payment using collection agency.  Also, the service usage fee may be changed regardless of the intention of KAH_LABO due to the circumstances of the settlement company based on exchange rate fluctuations.

Article 6 (Prohibited acts)
1. When using this service, KAH LABO prohibits the following actions for the app user. If KAH LABO finds that the app user has violated the prohibited matter, it may suspend the use of this application for app user and take other measures that KAH LABO deems necessary.
(1) Acts that infringe the intellectual property rights of KAH LABO or third parties
(2) Acts that damage the honor or reputation of KAH LABO or a third party, or that unfairly discriminate or slander.
(3) Acts that infringe or may infringe on the property of KAH LABO or a third party.
(4) Acts that cause economic damage to KAH LABO or third parties.
(5) Threatening acts against KAH LABO or third parties.
(6) Posting of clearly false information performed by app user using the information posting function, which is one of this service.
(7) App user uses the information posting function, which is one of this service, to post information that is against public order and morals.
(8) Specification of computer virus or harmful program or act to induce it.
(9) Acts that place excessive stress on this  service infrastructure equipment.
(10) Attacks on servers, systems and security of this site.
(11) Attempting to access the KAH LABO service using a method other than the interface provided by KAH LABO.
(12) Collect or obtain information that may identify an individual.  This does not apply if the individual authorizes the collection or acquisition of the information however.
(13) Acts that infringe on other users, third parties, or intellectual property rights such as copyrights and trademarks, portrait rights, moral rights, privacy rights, publicity rights, and other rights, or fears of infringement an act.

Article 7 (Posted information)
1.   App user must guarantee to KAH LABO that app user has a legal right to publish information (text), images and other data using this service.
2.  App user is solely responsible for the results associated with his / her published information.
3. App user understands that KAH LABO does not guarantee any confidentiality regarding the information posted by the app user.
4. If KAH LABO finds that there are no new listings, changes in listings, or other indications of using the app for more than 6 months, the account and all listings may be deleted if the user has free plan subscription.

Article 8 (deletion of posted information)
1. If KAH LABO recognizes that the use of  this service by app user violates or may violate the terms, when a third party reports that there is an infringement of rights such as portrait rights, privacy rights, honor rights, copyrights, etc., if the use of this service is deemed to be contrary to public order and morals,  and if KAH LABO determines that it is not appropriate, without notifying the app user in advance, KAH LABO takes all measures that KAH LABO deems appropriate, such as unpublishing, suspending, or deleting all or part of the posted information, or requesting the app user to correct it.  And the app user shall agree abou these  in advance.  However, KAH LABO has no obligation to prevent or correct violations by the app user.
2. Even if KAH LABO deletes the posted information based on the preceding paragraph, KAH LABO shall not be liable for any damages incurred by the user or other third parties.

Article 9 (backup of all data including posted information)
1. KAH LABO shall have no obligation to back up any data, including posting information, stored on the server managed by KAH LABO by the app user, and shall backup this Application by app user.
2. KAH LABO shall not be liable for any loss of any data, including posted information, stored or registered by app user, unless KAH LABO is intentionally or grossly negligent.

Article 10 (Attribution of rights)
1 App user confirms the following matters regarding the attribution of rights to this service.
(1) All ownership and intellectual property rights relating to this application and this service belong to KAH LABO or the person who has licensed KAH LABO. The license to use this application and the provision of this service as defined in these terms of use, this except as expressly stated in these terms of service does not mean the transfer of intellectual property rights of KAH LABO or those who licensed to KAH LABO for this application or this service. App user should not infringe the intellectual property rights of KAH LABO or anyone who licenses KAH LABO for any reason (including disassembly, decompilation, and reverse engineering, But not limited to this).

Article 11 (Disclaimer)
1. KAH LABO does not guarantee the contents of the posted information.
2. KAH LABO shall not be liable for any damages resulting from the contents posted on this service.
3. KAH LABO shall not be liable for any damage caused by changing, suspending or terminating the contents of this service.
4. KAH LABO does not take any responsibility for the environment in which the app user uses this service.
5 KAH LABO does not guarantee that the  ensuring that this service meets the specific purpose of app user, has the expected function, commercial value, accuracy and usefulness, and that the use of this service by app user conforms to laws and regulations applicable to app user or internal rules of industry organizations.
6. KAH LABO does not guarantee that this service is compatible with all information terminals, and app user shall acknowledge in advance that there is a possibility to the operation of this service will be inconsistent with the upgrade of the OS.  KAH LABO does not guarantee that any such problems will be resolved by providing  the modified programs, the solution of workaround, etc by KAH LABO.
7 App user shall acknowledge in advance that the use of part or all of this service may be restricted due to changes in the terms of service and operation policy of this service store such as AppStore, GooglePlay, etc. will do.
8. KAH LABO shall not be liable for any damages caused directly or indirectly to the app user by using this service.
9. KAH LABO accept no responsibility for preliminarily assess the possibility of KAH LABO’s possible damages to users of this application or other third parties for lost opportunities, business interruption or any other damages (including indirect damages and lost profits).  KAH LABO accept no responsibility for even if notified.
10. KAH LABO shall not be liable for any damages incurred by app user in connection with this service. Even if KAH LABO is liable for damages to app user due to the application of the Consumer Contract Law or other reasons, KAH LABO’s liability shall be limited to direct and normal liability.
11. KAH LABO shall not be liable for any dispute or trouble between one or some of app user and other one or some app user.
12. In the event of a trouble between one or some of app user and other one or some app user, both parties shall be responsible for their resolution and shall not make any claim to KAH LABO.
13. If the one or some app user has caused damage to another  one or some app user or caused a dispute with a third party in connection with the use of this service, such loss shall be at his own expense and responsibility. KAH LABO shall not incur any nuisance or damage.
14. In the event that KAH LABO claims damages, etc., from a third party due to the actions of app user, this shall be resolved at the expense (lawyer expense) and responsibility of the app user. If KAH LABO has paid damages to the third party, the app user shall pay KAH LABO all costs (including attorneys’ fees and lost profits) including the damages ).
15. In the event that app user causes damage to KAH LABO in connection with the use of this service, the app user shall indemnify KAH LABO for damages (including legal fees and lawyer fees) at the expense and responsibility of app user.

Article 12 (Personal information (including location information))
1. The personal information of app user acquired by KAH LABO in connection with the provision of this service shall be handled in accordance with the privacy policy separately provided by KAH LABO, and the app user shall agree to the privacy policy of KAH LABO will do. In addition, the app user the location information of the app user while using this application.

Article 13 (Advertising)
1. App user understands and accepts that all advertisements may be included on this service and that KAH LABO or its affiliates may post any advertisements. The form and scope of advertising on this service will be changed by KAH LABO at any time.

Article 14 (load on equipment, etc.)
1. When KAH LABO provides this service, app user shall confirm the following matters regarding the equipment burden, etc.
(1) Preparation and maintenance of compatible terminals, computers, software and other devices, communication lines and other communication environments required to download this application and receive the provision of this service are at the expense of the app user.
(2) App user shall take security measures such as prevention of computer virus infection, unauthorized access and information leakage at his own expense and responsibility according to the app user own usage environment of this service.
(3) At the time when app user installs this application on a compatible terminal of the app user at the start of use of this service or during the use of this service, if all information or some information which app user have were disappeared, KAH LABO shall not be liable for any such damages that occur to app user, and app user shall pay due attention not to cause alteration or device failure, damage, etc.

Article 15 (Uninstallation, etc.)
1. App user cannot use this service for any reason in the following cases.  In addition, in this case, KAH LABO shall be able to suspend the use of this service by the app user, and the app user shall promptly uninstall  or delete this application from a compatible terminal that is owned or controlled by the app user.  , KAH LABO shall not be liable for any damages caused to the app user due to measures taken by KAH LABO based on this section.
(1) Any violation of any of the provisions of these terms of use, or any violation of the representations, warranties, or pledges described in Article 4.
(2) Use this service for any purpose or method that may cause damage to KAH LABO, other app user, or other third parties, or  try to use this service.
(3) When the operation of this service is obstructed by any means.
(4) In addition, when KAH LABO judges that it is not appropriate as a app user.

Article 16 (Suspension of this service)
1. KAH LABO shall be able to suspend or suspend all or part of the use of this service without prior notice to app user in any of the following cases. . KAH LABO shall not be liable for any damages caused to the app user due to measures taken by KAH LABO based on this section.
(1) When the inspection or maintenance work of the computer system related to this application is performed regularly or urgently.
(2) When the computer, communication line, etc. are stopped due to an accident.
(3) In the event that this service cannot be provided due to force majeure such as fire, power outage, natural disaster, etc.
(4) In addition, when KAH LABO determines that it needs to be stopped or interrupted.

Article 17 (Transfer prohibition)
1. App user cannot transfer, transfer, or provide any security rights or obligations pertaining to the usage contract to a third party. If KAH LABO transfers the business related to this service to another company, it transfers the status in the usage contract, the rights and obligations based on these terms of use, and customer information to the transfer of the business transfer in connection with the business transfer, the app user shall have agreed in advance in this section for such transfer. The business transfer specified in this section shall include not only normal business transfer but also any other cases where business is transferred.

Article 18 (Effective period)
1. The use contract takes effect from on the date when app user agrees to the terms of use in accordance with Article 2, and it shall survive between KAH LABO and the app user until the date on which this application is uninstalled from its own compatible terminal,  or erased by any other method,  or terminated this service , or whichever comes earlier.

Article 19 (separability)
1. Even if any provision of this agreement, or a part thereof, is determined to be invalid or unenforceable by the Consumer Contract Law or other laws, the remaining provisions and part of this agreement are valid Or the remainder of the provisions determined to be unenforceable shall continue to be in full effect.

Article 20 (How to contact KAH LABO)
1. Any contact or inquiries of the app user to KAH LABO regarding this service shall be made by sending it from the inquiry form installed at an appropriate place on the website operated by KAH LABO.

Article 21 (Governing law, competent court)
1. The validity, interpretation and performance of these terms shall be governed by and construed in accordance with Japanese law.
2. Regarding discussions, lawsuits and any other disputes between KAH LABO and the users of this application, the Ishioka Summary Court or the Mito District Court will be the exclusive jurisdiction court, depending on the amount of the suit.

END