Terms of Use for Point-Paid Calls (for Masters)

The terms and conditions of use for SkyPhone Point-Paid Calls (for Masters) 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 the SkyPhone app that the Company provides (hereinafter referred to as the "the SkyPhone app") 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;

  1. (1)Contents shall mean sentences, voice, music, pictures, videos, software, codes and other information.
  2. (2)You shall mean all of users of the SkyPhone app who have agreed to the Terms of Use for SkyPhone to use the app.
  3. (3)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 other users, and receive a reward in accordance with the call duration. If a Master has selected Company Reward as is mentioned in Section 6, Article 9 of the Terms of Use to receive his/her reward for point-paid calls, the Company shall regard that the Master belongs to the company that he/she is contracted with.
  4. (4)User(s) shall mean a user (users) who has (have) agreed to the Terms of Use, pay the rate that a Master set per minute in a call and apply for a point-paid call to a Master.
  5. (5)Registered Information shall mean all of the information that a Master has provided to the Company in order to be eligible for using the Service.
  6. (6)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.
  7. (7)ID shall mean your SkyPhone number used in the Service.
  8. (8)Identification Information shall mean the necessary information for the Company to verify the connection including an ID in each service and password.
  9. (9)Point(s) shall mean the SkyPhone points that Users use to use the Service.
  10. (10) Earned Points shall mean the SkyPhone points that correspond to the amount of the reward a Master earned by talking with a User on a point-paid call.
  11. (11)The Other Terms shall mean the other documents that the company distributes or posts with a title such as "Terms,""Guideline,""Policy."

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

  1. Masters 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, Masters are responsible for any communication fees using a communication device incurred when Masters see a website and so on.
  2. Masters shall agree to the Terms of Use prior to using the Service. Master's use of the Service will constitute acceptance of the Terms of Use, which is valid and undeniable.
  3. Masters shall use the Service subject to all of The Other Terms if they are applicable regarding the Service as well as the Terms of Use.
  4. A Master shall provide a true, appropriate, and full information when a Master registers his/her information of himself/herself. Besides, a Master shall update the information to make it always the latest.
  5. A Master 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 Master.
  6. Rights that a Master was eligible for in the Service shall be expired when his/her SkyPhone Master number is erased. Even if a Master has uninstalled the SkyPhone app by mistake, he/she may not restore his/her Master number.
  7. The SkyPhone Master number in the Service solely attributes to a Master. All of a Master's right of use in the Service may not be transferred, lent, name changed, sold or inherited to a third party, with the exception of when the Company sends a payment to the company that a Master belongs to in exchanging points.
  8. The Company shall terminate a Master's SkyPhone Master number when a Master 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. (1)The Master is under 18 years old and he/she does not have a consent of his/her legal representative.
    2. (2)The Master violated the Terms of Use in the past.
    3. (3)The Company believes that the Master has violated or may violate the Terms of Use.
    4. (4)The Company believes that the company a Master belongs to has violated the contract that was made with the Company.
    5. (5)Other than the above, the Company judges the Master ineligible for the Service.
  9. However, if a Master 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.

    Besides, if a Master 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 Master 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.

  10. If the contract that was made between the Company and a company that a Master belongs to has terminated, a Master shall delete the company code in accordance with the directions of the company that a Master belongs to.

Article 3. Termination of the Service

  1. The Company shall reserve the right to terminate the Service without any notice to Masters at any time.
  2. The Company shall not be responsible against Masters or any third parties when the Service has been terminated.

Article 4. Modification of the Terms of Use

  1. The Company may modify the Terms of Use and The Other Terms at any time without prior notice to Masters and the companies that they are contracted with when the Company judges it is necessary.
  2. When the Company modifies the Terms of Use and The Other Terms, the Company posts them to its official website as notice to Masters and the companies that they are contracted with. However, notice of the modification cannot be notified individually, so please refer to the latest version of the Terms of Use and The Other Terms in the use of the Service.
  3. After modification of the Terms of Use, the modified Terms of Use and The Other Terms shall become effective when the Company notifies the Masters in the way mentioned in the above.
  4. Masters 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

  1. 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 Masters regarding to the copyright or other intellectual property right.
  2. Masters may use the Contents of the Service only in the scope that the Company set forth.
  3. Masters or the companies that they belong to 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.
  4. Regardless of the above, when a Master has lost his/her qualification of being a Master due to deletion of his/her SkyPhone Master number, 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 Masters in accordance with the Privacy Policy set forth by the Company.

Article 7. Unavailability of Emergency Calls and Regular Calls

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

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

  1. 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.
  2. The necessary Points during a call per minute can be set by 10 Points up to 10,000 Points. Besides, the maximum duration of a point-paid call is 6 hours.
  3. If a Master received an incoming call from a User and the call has been interrupted or disrupted within 15 seconds after the call initiation, the User's Points shall not be deducted at all and the Master's Earned Points shall not be earned at all. (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 Master's device screen.) Therefore, you should use the Service on a stable network.
  4. Regarding the times when a call started and ended, the time displayed on a Master'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.
  5. 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.
  6. The Company shall notify Masters of information of server problems, updates of the service and so on on the official website.
  7. Masters shall observe the Article 9. of the Terms of Use relating to the Points exchange when he/she purchases Points issued in the Service.

Article 9. Points Exchange

  1. Masters shall acquire the Points which are worked out by the following formula as Earned Points by talking with a User; (necessary Points per minute in a call determined by a Master) x call duration.
  2. The Earned Points that a Master owns can only be exchanged for options that are displayed on the SkyPhone app. The Earned Points may not be exchanged for Users Points.
  3. A Master may not allow the use of, lend, handover, purchase/sell or exchange for money his/her Earned Points to another member of the Service or a third party except for the company that he/she belongs to.
  4. One Point of the Earned Points balance shall be exchanged to the exchange option corresponding to about 0.5 yen. (That means the exchange rate is 50%.) (e.g. If a Master's Earned Points balance is 10,000 Points, he/she can exchange the Points for one of the provided options corresponding to 5,000 yen approximately.) In the calculation, fractions shall be omitted. The Company may change the exchange rate at any time without acquiring prior permission of Masters or giving prior notice to Masters.
  5. The minimum Points balance that can be exchanged for the exchange options shall correspond to 5,000 yen approximately. The closing date for calculating the Earned Points balance to be exchanged is the end of the month. If the balance corresponds to more than 5,000 yen, all Points shall be exchanged. (e.g 6,000 yen worth of Points will be exchanged for the desired exchange option. If the balance corresponds to less than 5,000 yen, then the Points shall be saved and used in the next monthly exchange were the same as mentioned above will apply.) The Company shall conduct the exchange procedure on or after the next day of the closing date.
  6. The procedure to send the exchange option shall be done at the beginning of the month two months later than the closing month. The exchange option shall be sent to the destination that a Master registered.
    1. (1)Bitcoin - After the procedure is completed, the details shall be displayed in the Points exchange history on the SkyPhone app. It may take a period of time for the cryptocurrency to be sent to a cryptocurrency account. Sometimes, it can take several days.
    2. (2)Amazon Gift Card - A gift card shall be sent via email to the email address that a Master registered.
    3. (3)Company Reward - The company you are contracted with needs to make a contract with the Company for a Master to designate the exchange option. The exchange option will be transferred to the bank account designated by the company that corresponds to the registered company code in accordance with the contract that is made between them.
  7. If the registered information for exchanging Points (address to receive cryptocurrency, email address to receive Amazon gift cards or company code) has an error, the following will apply.
    1. (1)Bitcoin - Even if the bitcoin address that a Master registered has an error, the transaction procedure conducted by the Company shall be completed correctly. In that case, the exchanged Earned Points shall not be restored and the cryptocurrency shall not be resent for any reasons after the procedure has been conducted. Furthermore, if a Master has entered an address apparently different from a bitcoin address, that shall be notified in an alert message on the SkyPhone app. In that case, if a Master does not modify the invalid address by the end of the month six months later than the month when the exchange procedure is conducted for the first time, the Master shall be considered to have abondoned the corresponding Earned Points.
    2. (2)Amazon Gift Card - If a gift card was sent to the registered email address but a delivery error occurred, that will be notified in an alert message on the SkyPhone app. In that case, if a Master does not modify the invalid address by the end of the month six months later than the month when the exchange procedure is conducted for the first time, the Master shall be considered to have abondoned the corresponding Earned Points.
    3. (3)Company Reward - If the company code that a Master registered has an error and that is not notified by the company the Master is contracted with by the date determined beforehand, the transfer procedure conducted by the Company shall be completed correctly. In that case, the exchanged Earned Points shall not be restored and the reward shall not be transferred again for any reasons after the procedure has been conducted.
  8. If a Master resets all data of the App or uninstalls the App without using the Transfer function, the balance of Earned Points will be lost. The same shall apply if you transfer to a mobile device running a different OS.

Article 10. Advertisements

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

Article 11. Restrictions

Masters shall be prohibited to do the following activities in the use of the Service. If the Company believes that a Master has violated the restrictions, the Company may terminate the Master's use of the Service, delete the Master'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.

  1. 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
  2. Activities that are against a law, a judgement, decision or order of a court, or administrative measures
  3. Activities that might violate public order or morals
  4. 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
  5. Activities that lead to the misrepresentation of the Company and/or a third party
  6. Activities that use the Service for the purpose of sales, promotion, advertisement, invitation, or other activities to obtain profits (except for the activities that the Company has permitted.); use the Service for the purpose of meeting a person for sexual encounters; use the Service for the purpose of sexual conducts or obscene acts
  7. Activities that use the Service for the purpose of harassments or libelous attacks against other Users; or use the Service for purposes other than the Service's true intent
  8. Activities that benefit or collaborate with anti-social groups or that are related to religious activities
  9. Activities that are related to religious activities or invitations to certain religious groups
  10. Activities that unfairly collect, disclose, or provide other person's Personal Information, Registered Information or history of the use of the Service
  11. 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
  12. 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.)
  13. Activities that support or facilitate one of the activities above
  14. Other activities that are deemed by the Company to be inappropriate

Article 12. The Company's Exemption of Liability

  1. 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.
  2. The Company shall not have an obligation to compensate any damages to Masters arising directly or indirectly from the use of the Service.
  3. 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 Master and a third party, the concerned parties shall be responsible for the resolution. The Company shall not be responsible for resolution.
  4. 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.
  5. The Company shall not be responsible for any damages caused by an information device, line, software that a Master is using. The Company may notify Masters the corresponding environment by the methods set forth.
  6. The Company shall not be responsible for any damages caused by modification, discontinuation, or termination of the Service.
  7. The Company shall not be responsible for transactions conducted by a User or a third-party and a Master through the Service. All of the transactions shall be conducted with the responsibility of a User, Master or a third party and a User.
  8. Masters 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.
  9. Masters 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 App Store and Google Play.
  10. Regardless of the sections above from 1. to 9., the Company shall not have any obligation to compensate Masters for any damages if the damage was caused by special reasons.
  11. 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 Master will be up to 100 thousand yen.
  12. If a User obtained Points unfairly, the concerned Master may not acquire the Earned Points for the call with the User. Regarding the unfair use of Points, the Company shall not have any obligation to exchange the Points for cryptocurrency.

Article 13. The Way of Contact

  1. The Company shall notify Masters 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 Masters.
  2. Masters shall make contact to the Company using the contact form in the official website or the way the Company designates.
  3. If a Master noitifies or contacts the Company, the Company may confirm the identification of a Master in the way specified by the Company. The way to reply to Master's notification or contact may be determined by the Company. The way of replying to a Master may not be determined by a Master.

Article 14. Exclusive Jurisdiction and Governing Law

  1. The Terms of Use and conflict resolution will be governed by the laws of Japan.
  2. Conflicts that arise from or are related to the Service between Masters and the Company will be governed primarily under the exclusive jurisdiction of the District Court of Toyama or the Toyama Summary Court.
  3. 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: July 23, 2018
Date of Update: August 1, 2018
Date of Update: November 14, 2018
Date of Update: January 7, 2019