Terms and Conditions of Use | SkyPhone

The terms and conditions of use shown here ( hereinafter referred to as the "Terms and Conditions" ） apply to all users（ hereinafter referred to as the "User" or "Users" depending upon context ）of any services or features of SkyPhone ( hereinafter referred to as the "Service," ） which is provided by QuadSystem Co. Ltd. ( hereinafter referred to as the "Company." ) All Users shall use the Service in accordance with the terms stated in the Terms and Conditions. Users may not use the Service unless they agree to the Terms and Conditions.

1. Conditions of Use

Connection to the Internet is necessary in using the Service.
The quality of sound which is provided in the Service depends on User's devices, network environment or Internet environment. Therefore it is possible that the quality is not as high as Users expected.
Users shall agree to use this Service at his / her own risk and shall bear all responsibility and expense in using the Service. If Users use the Service for business purposes, the concerned business person shall also agree to the Terms and Conditions in order to use the Service.
The Company shall not be responsible for any damages which are caused by the use or disabling of the Service. The Company also shall not guarantee that the Service and / or its modified program runs without any problems or failure.
The Company shall not have an obligation to fix bugs or support the fixation.
Data communication takes place in the use of the Service. The Users are responsible for the data charges.

2. Termination of the Service

The Company reserves the right to terminate, at the Company's own discretion, the Service at any time without any prior notice to the Users.
The Company shall not be responsible for any damages and so forth to Users or any third parties caused by the termination of the Service.

3. Intellectual Property

The Company shall own the intellectual property right ( including copyright ) of the materials displayed or performed or available on / through the Service, including, but not limited to, text, graphics, images, and so forth.

4. Protection of Personal Information

The Company promises appropriate and strict management of the personal information of its User which is collected prior to his / her using the Service in accordance with the Privacy Policy provided by the Company.
However, the Company may disclose the personal information of its User within the necessary scope, if the disclosure is required or ordered through the appropriate procedure in accordance with any applicable law.

5. Incapability of Emergency Calls and Outgoing Calls to non-Users

The Service provides voice call function between the Users. Therefore the Service cannot be depended upon for emergency calls, such as ones made to the police, fire brigade or other emergency services.
The Service does not include outgoing call function to landline or mobile phones.

6. Advertisements

The Company reserves the right to provide Users with advertisements for the Company or a third party, through the Service.

7. Restrictions

Users shall not engage in the following when using the Service.
1. (1)Activities such as modification of this application, reverse engineering, decompiling, disassembling and other similar activities
2. (2)Activities that infringe intellectual property of the Company and / or a third party
3. (3)Activities that damage the reputation / trust of the Company and / or a third party as well as discriminate against, defame, or disparage the Company and / or a third party.
4. (4)Activities that lead to the Company's and / or a third party's economic loss
5. (5)Other activities that are deemed by the Company to be inappropriate

8. The Company's Exemption of Liability

The Company shall not be involved with Users themselves or Users' devices and shall not be responsible for any effect / loss caused in users' devices in connection with the use of the Service.
The Company shall not be involved with communication or activities between Users. In the case where a conflict arises between Users or between a User and a third party, the concerned parties shall be responsible for the resolution. The Company shall not be responsible for resolution.
The Company shall not be responsible for any damages to User or a third party caused by modification, discontinuation, or termination of the Service.
The Company shall not be responsible for any problems caused by unexpected factors.
The Company shall not have an obligation to observe, check, or save the content of communication through the Service.
The Company shall not have an obligation to compensate any damages to Users or a third party arising from the use of the Service.
The Company shall not be responsible for the matters related to companies which provide advertisement to the Service.

9. Exclusive Jurisdiction and Governing Law

Conflicts that arise from or are related to the Service between Users and the Company will be governed primarily under the exclusive jurisdiction of the District Court of Toyama or the Toyama Summary Court. These Terms and Conditions and conflict resolution will be governed by the laws of Japan.
In the event of a contradiction between the Japanese language version of the Terms and Conditions and a translation, the provisions in the Japanese language version shall take precedence over any other translation.

10. Modification of the Terms and Conditions

The Company may modify the Terms and Conditions at any time without any prior notice to Users. After modification of the Terms and Conditions, the modified Terms and Conditions will become effective upon all matters related to the Service.

Terms of Use (Point-Paid Calls for Users)

The terms and conditions of use for SkyPhone Point-Paid Calls (for Users) here (hereinafter referred to as the "Terms of Use") set forth the terms and conditions between QuadSystem Co. Ltd. (hereinafter referred to as the "Company") and users (hereinafter referred to as "You" depending upon context) of any products of SkyPhone and the Point-Paid Calls service (hereinafter referred to as the "Service"), which is provided by the Company. All of You shall use the Service in accordance with the terms and conditions stated in the Terms of Use. You shall be regarded as you have agreed to the Terms of Use when you have started to use the Service.

Article 1. Definitions

Definition of each word used in the Terms of Use are as follows;

Contents shall mean sentences, voice, music, pictures, videos, software, codes and other information.
User means all persons who agree to these Terms and Conditions and use the paid calling feature of the Application. The User may make a call to the Master by paying a per minute rate set by the Master.
Master(s) shall mean a user (users) who has(have) agreed to the Terms of Use, set a rate earned per minute in a point-paid call, receive an incoming call from Users (defined below), receive a reward in accordance with the call duration.
Registered Information shall mean all of the information that a User has provided to the Company in order to be eligible for using the Service.
Personal Information shall mean information which identifies a specified person included in the Registered Information mentioned above, such as your address, name, telephone number, email address.
ID shall mean your SkyPhone number used in the Service.
Identification Information shall mean the necessary information for the Company to verify the connection including an ID in each service and password.
Point(s) shall mean the In-app currency that Users use to use the Service.
The Other Terms shall mean the other documents that the company distrubutes or posts with a title such as "Terms,""Guideline,""Policy."

Article 2. Agreement to the Terms and Conditions of Use for the Service

An Internet connection is required to use this service.
Depending on the device used, network environment, or line conditions, users may not be able to obtain the sufficient voice quality they expect.
We are not responsible for any damages caused by the use of or inability to use the Service. We also do not guarantee that the Service or its modification programs will operate without any problems or malfunctions.
The Company shall have no obligation to improve or support bugs in the Service.
Users shall prepare the necessary things to use the Service such as a mobile phone, a communication device, an operation system, communication methods and electrical power. Besides, Users are responsible for any communication fees using a communication device incurred when Users see a website and so on.
Users must agree to the terms of this Agreement before using the Service, both for personal and business use. In addition, by actually using the Service, the User is deemed to have validly and irrevocably agreed to these Terms of Use.
If there are other terms and conditions for the Service, the User shall use the Service in accordance with these Terms of Use as well as other terms and conditions.
A User shall provide a true, appropriate, and full information when a User registers his/her information of himself/herself. Besides, a User shall update the information to make it always the latest.
A User shall manage his/her password strictly by himself/herself in order to avoid the password being used unfairly. The Company shall regard that the activity incurred by using the password will not be the responsibility of the Company, but of the User.
Users of the Service may cancel (withdraw) and delete their IDs at any time.
A user's authority in the Service will cease to exist when his/her ID is deleted, regardless of the reason. Therefore, if a user unintentionally uninstalls this application without using the transfer function or registering an email address for restoration, or if the grace period after cancellation (withdrawal from membership) expires, the ID and privileges cannot be restored.
The ID in the Service solely attributes to a User. All of a User's right of use in the Service may not be transferred, lent, name changed, sold or inherited to a third party.
If the user is a minor, the user must obtain the consent of a legal representative before using the Service.
The Company shall terminate a User's ID when a User corresponds to any of the following. In that case, the Company shall not be responsible for the explanation of the reasons of the termination.
1. The User is under 18 years old and he/she does not have a consent of his/her legal representative.
2. The User violated the Terms of Use in the past.
3. The Company believes that the User has violated or may violate the Terms of Use.
4. Other than the above, the Company judges the User ineligible for the Service.
If a User under 18 years old pretended that he/she had a consent of his/her legal relative in the use of the Service or that he/she was 18 years old or older and started to use the Service, all of his/her activities relating to legal matters in the Service may not be cancelled.
If a User who was under 18 years old when he/she agreed to the Terms of Use uses the Service after he/she becomes 18 years old, the User shall be considered as he/she has agreed that all of his/her activity relating to legal matters have been done with his/her responsibility.

Article 3. Suspension, discontinuance or termination of service

We reserve the right to change the content or name of the Service without prior notice to users or third parties, and shall not be liable for any damages incurred by users or third parties as a result of such changes.
In the event of any of the following events, the Company may suspend all or part of the Service, and shall not be liable for any damages incurred by the user or any third party resulting from such events.
1. When performing periodic or emergency maintenance and inspection of the computer systems used to provide this service
2. In the event that the operation of this service becomes impossible due to fire, power outage, natural disaster, or other emergency situation
3. In the event that the operation of this service becomes impossible due to war, civil war, riot, disturbance, labor dispute, etc.
4. In the event that the Service cannot be provided due to a malfunction of the computer system used to provide the Service, unauthorized access by a third party, computer virus infection, etc.
5. When this service cannot be provided due to measures based on laws and ordinances, etc.
6. In other cases where we deem it unavoidable.
When suspending the operation of the Service pursuant to the preceding paragraph, the Company shall notify users and third parties to that effect in an appropriate manner in advance. However, this shall not apply in case of emergency.
We may suspend or terminate the Service, in whole or in part, by giving prior notice to users and third parties in an appropriate manner, and shall not be liable for any damages incurred by users or third parties as a result of such suspension or termination.
Detailed information, such as usage history of this application, will be unavailable for reference upon termination of this service.
The User agrees in advance without objection that if the Service is terminated, the User will lose all rights to use all Content, including paid Content, and will not be able to use it thereafter.

Article 4. Modification of the Terms of Use

The Company may modify the Terms of Use and The Other Terms at any time without prior notice to Users when the Company judges it is necessary.
When the Company modifies the Terms of Use and The Other Terms, the Company posts them to the official website as notice to Users. However, notice of the modification cannot be notified to Users individually and Users shall refer to the latest version of the Terms of Use and The Other Terms.
After modification of the Terms of Use, the modified Terms of Use and The Other Terms shall become effective when the Company notifies the Users in the way mentioned in the above.
Users shall be regarded as to have agreed with the modified Terms of Use and The Other Terms when they use the Service after modification of the Terms of Use. The agreement shall be effective and undeniable.

Article 5. Handling of the Contents

The Company shall own the intellectual property right including the copyright of all contents which consists of the Service. The Company shall not grant a license to Users regarding to the copyright or other intellectual property right.
Users may use the Contents of the Service only in the scope that the Company set forth.
Users shall not engage in the following in any methods beyond the scope that the Company set forth; reproduction, sending, handover (including purchase and sale), lending, translating, adapting, reprint without permission, use for the purpose of gaining profit, modification, disassembling, decompiling and reverse engineering.
Regardless of the above, when a User has lost his/her qualification of being a User due to deletion of the ID, the agreement shall be considered to have been terminated and his/her right of using the Contents also erased.

Article 6. Handling of the Personal Information

The Company promises appropriate management of private information and Personal Information of Users in accordance with the Privacy Policy set forth by the Company.

Article 7. Unavailability of Emergency Calls and Regular Calls

The Service shall not provide an emergency call to such as the police, the maritime security authorities, the fire brigade or other emergency services.
The Service shall not provide the outgoing call service to landlines and mobile phones.

Article 8. The Description of the Service [for Users]

The Service is called "Point-Paid Calls," in which Users purchase Points to make a call to a Master whom a User chooses.
The Company shall provide the system necessary for the use of the Service, collect the service charges and operate other taskes relating to those. The Company shall not be responsible for the content of calls between Users and Masters and also any troubles incurred due to the contents of the talk. Therefore, if a problem occurs which you need to call the police in the use of the Service, you shall be responsible with dealing with the problem as soon as possible.
The Company shall notify Users of information of server problems, updates of the Service and so on on the official website.
Users shall be considered to have agreed to the Article 9. of the Terms of Use relating to Points and shall observe them by purchasing the Points issued in the Service.

Article 9. Points

A User shall obtain the right of use of the Contents within the scope that the Company set forth by purchasing and using Points. Points expire 6 months from the date of acquisition. Available points and acquisition history can be checked on the point charge screen.
Points are solely available for a User who purchased the Points. The Points may not be lent, handovered, purchased and sold to a third party or exchanged for money.
The Company may write the terms of use for Points on the App or official website. When the corresponding information is posted, a User shall purchase and use the Points in accordance with that information.
Unused points will be lost if the user loses eligibility for use in accordance with Article 2.11 of these Terms and Conditions.
The Company shall not reimburse the Points purchased by a User except for when it is legally considered as necessary. The way and conditions of reimbursment by the Company which is legally considered as necessary shall be represented in a way that the Company set forth and a User shall observe it.

Article 10. The Calling Rates of Point-Paid Calls

Users shall be considered to have agreed the Point rate per minute set by a Master by tapping the call button.
Even if a User's outgoing call to a Master is disrupted due to an unstable network, a User's Points will be deducted after 15 seconds has passed since the call started to the end of the call. (Please note that the Points deduction shall be decided based on the call duration that is recorded on the server, and that can be different from that displayed on a User's device screen.) The deducted Points may not be returned to a User. Therefore, you should use the Service on a stable network.
Regarding the times when a call started and ended, the time displayed on a User's device may be different from what is recorded by the Company's device due to the congestion of the network. In that case, the Company shall use the time recorded by the Company's device for the calculation of the Points deduction.
In the use of the Service, Users may not add or purchase Points during a call. Besides, if a User's Points balance becomes less than a Master's Point rate during a call, the call shall be ended.
If an incoming call from a mobile phone or another calling application during a point-paid call occurs, there may be a disruption in the Service. In that case, the period from the time when you cannot continue talking to the time when the call is regarded as disrupted on the server shall be included to the call duration and Points will be deducted for the duration time.

Article 11. Advertisements

The Company shall reserve the right to provide Users with advertisements for the Company or a third party, through the Service.

Article 12. User Responsibility

The preparation of the device and communication environment necessary to use the Service shall be done at the user's own responsibility and expense, and we shall not be responsible for any inquiries from the user, including but not limited to responses to such inquiries.
Users shall use the information received through the Service or manage the information they provide based on their own responsibility and judgment. Even if you or a third party incurs any damage as a result of using or providing such information, you shall not seek compensation or any other form of compensation from us for such damage.
In the event that the Company incurs damages as a result of a User's violation of these Terms of Use, the Company may demand compensation from the User for such damages, and the User must immediately comply with such demand.

Article 13. Restrictions

Users shall be prohibited to do the following activities in the use of the Service. If the Company believes that a User has violated the restrictions, the Company may terminate the User's use of the Service, delete the User's registered information or take action that the Company regards as necessary. In that case, any questions or complaints about the result of the deletion or termination of the use of the Service shall not be accepted.

Activities that infringe intellectual property rights, such as copyrights, fame, privacy, and all other rights of the Company and/or a third party granted by the law or contract
Activities that are against a law, a judgement, decision or order of a court, or administrative measures
Criminal acts or acts that lead or may lead to criminal acts.
Activities that might violate public order or morals
Impersonating the Company or a third party or intentionally spreading false information.
Any act to harass or slander the Master or a third party, or any other act to use the Service for a purpose different from the intended purpose of use of the Service.
Unauthorized collection, disclosure, or provision of personal information, registration information, or usage history information of others.
Any act of buying, selling, or paying money without the Company's permission, any act of inducing an encounter for the purpose of sexual or obscene acts, any act of engaging in unacquainted relationships with the opposite sex, or any act of solicitation for religious activities or religious organizations.
Activities that deliver the following expressions; that are too violent, excessively sensual; that can lead to discrimination of a race, nationality, belief, sex, social status or family status; that can lead to suicide, self injury, and abuse of drugs; that include antisocial content and are offensive to other people
Activities that interfere with the servers and/or network systems of the Service; that abuse the Service by other technical measures such as BOT or cheating tools; or that deliberately use defects of the Service; that repeat asking similar inquiries more than necessarily; that make unreasonable inquiries and/or undue claims or that interfere with and harm the Company's operation of the Service
Activities that disclose the content of a call of the Service without prior explicit permission of a Master and the Company (All of the way to disclose the content are prohibited.)
Actions that assist or encourage any of the acts described in paragraphs 1 through the preceding paragraph.
Other activities that are deemed by the Company to be inappropriate

Article 14. Exclusion of Antisocial Forces

User represents and warrants that, now and in the future, each of the following
1. Do not fall under the category of antisocial forces themselves.
2. Not to have a relationship with antisocial forces that is deemed to be using them unfairly, for example, for the purpose of making unjust profits for oneself or a third party, or for the purpose of inflicting damage on a third party.
3. No provision of funds or favors to antisocial forces.
If the Company determines that a User belongs to, corresponds to, or is involved with antisocial forces, the Company may take measures to suspend use of the Service without prior notice.
The Company shall not be obligated or liable for any damage caused by the suspension of use due to the User's violation under this Article.

Article 15. The Company's Exemption of Liability

The Company shall not guarantee explicitly or implicitly that no errors (deficits relating to safety, reliability, accuracy, integrity, effectiveness, adaptablility for the certain purpose, security, bugs and infringement of rights) are included in the Service. The Company shall not be responsible for eliminating the errors in providing the Service.
The Company shall not have an obligation to compensate any damages to Users arising directly or indirectly from the use of the Service.
In the case where trouble (including suggestion of illegal activities or against public morals, defamation, insultation, invasion of privacy, threat, libelous attacks or harassment) arises between a User and a Master or between a User and a third party, the concerned parties shall be responsible for the resolution. The Company shall not be responsible for resolution.
The Company shall not be responsible for any damages caused or induced by information or services provided by a Master, any achievements brought by the use of a Master's information and legitimacy or moralilty, licensing, accuracy of a Master's information.
The Company shall not be responsible for any damages caused by an information device, line, software that a User is using. The Company may notify Users the corresponding environment by the methods set forth.
The Company shall not be responsible for any damages caused by modification, discontinuation, or termination of the Service.
The Company shall not be responsible for transactions conducted by a Master or a third-party and a User through the Service. All of the transactions shall be conducted with the responsibility of a User, Master or a third party and a User.
Users shall have agreed that the Service does not support all types of information devices and that a problem can occur in the Service due to the version upgrade of the OS the device used in the use of the Service. The Company shall not guarantee that the Company modifies the programs to fix the problem.
Users shall have agreed that a part or all of the Service may be restricted due to the modification of the terms of use or the operation policy of stores such as AppStore.
Regardless of the sections above from 1. to 9., the Company shall not have any obligation to compensate Users for any damages if the damage was caused by special reasons.
The compensation for the damages arising from the Company's debt default or illegal activities caused by the Company's fault (except for a serious fault) to a User will be up to the Service usage fee incurred in the month when the damage occurs.

Article 16. The Way of Contact

The Company shall notify Users in the way that the Company considers appropriate, including posting on the Company's official website. The Company shall not be responsible for any damages caused by the undelivery or delay of the Company's notification or contact to Users.
Users shall make contact to the Company using the contact form in the official website or the way the Company designates.
If a User noitifies or contacts the Company, the Company may confirm the identification of a User in the way specified by the Company. The way to reply to User's notification or contact may be determined by the Company. The way of replying to a User may not be determined by a User.

Article 17. Exclusive Jurisdiction and Governing Law

The Terms of Use and conflict resolution will be governed by the laws of Japan.
Conflicts that arise from or are related to the Service between You and the Company will be governed primarily under the exclusive jurisdiction of the District Court of Toyama or the Toyama Summary Court.
In the event of a contradiction between the Japanese language version of the Terms of Use and a translation, the provisions in the Japanese language version shall take precedence over any other translations.

Date of Enactment: December 30, 2013
Date of Update: November 30, 2016
Date of Update: January 29, 2018
Date of Update: September 1, 2020
Date of Update: November 29, 2024