Terms of Use for 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 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 User 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)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. 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.
  2. Users shall agree to the Terms of Use prior to using the Service. Users' use of the Service will constitute acceptance of the Terms of Use, which is valid and undeniable.
  3. Users 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 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.
  5. 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.
  6. Rights that a User was eligible for in the Service shall be expired when his/her ID is erased. Even if a User has uninstalled the App by mistake, he/she may not restore his/her ID and rights that he/she was eligible for.
  7. 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.
  8. 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. (1)The User is under 18 years old and he/she does not have a consent of his/her legal representative.
    2. (2)The User violated the Terms of Use in the past.
    3. (3)The Company believes that the User has violated or may violate the Terms of Use.
    4. (4)Other than the above, the Company judges the User ineligible for the Service.
  9. 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.
  10. 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. Termination of the Service

  1. The Company shall reserve the right to terminate the Service with notice to Users in an appropriate manner.
  2. Users shall lose all of their rights to use paid-contents when the Service is terminated. Besides, the Users shall have agreed that they may not use the paid-contents after the termination.
  3. The Company shall not be responsible with the Service if the Service has been terminated with any reasons. The Company shall not be responsible with any damage that a User or a third party had due to the termination.

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 Users 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 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.
  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 Users in the way mentioned in the above.
  4. 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

  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 Users regarding to the copyright or other intellectual property right.
  2. Users may use the Contents of the Service only in the scope that the Company set forth.
  3. 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.
  4. 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

  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 Users]

  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 Company shall notify Users of information of server problems, updates of the Service and so on on the official website.
  3. 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

  1. A User shall obtain the right of use of the Contents within the scope that the Company set forth by purchasing and using Points.
  2. 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.
  3. 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.
  4. If a User resets all data of the App or uninstalls the App without using the Transfer function, the Points balance will be lost if you transfer to a mobile device running a different OS.
  5. Users shall be able to transfer the Point balance if they transfer to a mobile device running the same OS.
  6. 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

  1. Users shall be considered to have agreed the Point rate per minute set by a Master by tapping the call button.
  2. 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.
  3. 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.
  4. 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.
  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.

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. 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.

  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 lead to the misrepresentation of the Company and/or a third party
  5. Activities that use the Service for the purpose of harassments or libelous attacks against Masters or a third party; or use the Service for purposes other than the Service's true intent
  6. Activities that unfairly collect, disclose, or provide other person's personal information, registered information or history of the use of the Service
  7. Activities that use the Service for the purpose of sale and purchase or payment that the Company has not permitted; use the Service for the purpose of inducing to meet a person for sexual conducts and obscene acts; use the Service for the purpose of meeting an unacquainted person for sexual encounters; use the Service for religious activities or invitations to certain religious groups
  8. 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
  9. Activities that benefit or collaborate with anti-social groups or that are related to religious activities
  10. 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
  11. 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.)
  12. Activities that support or facilitate one of the activities above
  13. Other activities that are deemed by the Company to be inappropriate

Article 13. 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 Users 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 User 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 User is using. The Company may notify Users 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 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.
  8. 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.
  9. 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 App Store and Google Play.
  10. 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.
  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 User will be up to the Service usage fee incurred in the month when the damage occurs.

Article 14. The Way of Contact

  1. 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.
  2. Users shall make contact to the Company using the contact form in the official website or the way the Company designates.
  3. If a User noitifies or contacts the Company, the Company may confirm the identification of the User without prior consent from the User in a way specified by the Company. The way to reply to a User's notification or contact shall be determined by the Company. The way of replying to a User may not be determined by a User.

Article 15. 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 You 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: November 15, 2018
Date of Update: January 7, 2019
Date of Update: February 25, 2019
Date of Update: May 27, 2019