Effective

Terms of Service

These Terms of Service (the “Terms”) set out the conditions for using the applications developed and provided by Cross Button (the “Service Provider”), individually and collectively referred to as the “Application”. By using the Application, you (the “User”) agree to these Terms.

1. Scope and Acceptance

1.1 Scope: These Terms apply to the Application and its related features. The list of applications covered by these Terms is set out in the Privacy Policy.

1.2 Acceptance: You are deemed to have accepted these Terms upon downloading or using the Application. You are strongly advised to read and understand these Terms before you begin using the Application.

1.3 If You Do Not Agree: If you do not agree to these Terms, you may not use the Application. In that case, do not download the Application, or delete it from your device if it is already installed.

1.4 Minors: If you are a minor, please obtain the consent of your legal guardian before using the Application and agreeing to these Terms.

1.5 Personal Data: The handling of information in the Application is described in the Privacy Policy. By using the Application, you are also deemed to have accepted the Privacy Policy.

2. Supplementary Terms for Individual Applications

2.1 Supplementary Terms: The Service Provider may establish supplementary terms that apply, in addition to these Terms, to a specific application or feature.

2.2 Precedence: Where supplementary terms differ from these Terms, the supplementary terms prevail with respect to the application or feature concerned.

2.3 Publication: Supplementary terms will be published on this page or at another location designated by the Service Provider.

3. Intellectual Property and Licence

3.1 Ownership: All trademarks, copyrights, database rights, and other intellectual property rights related to the Application remain the property of the Service Provider. These Terms grant you a non-exclusive right to use the Application and do not transfer any intellectual property rights to you.

3.2 Prohibited Conduct: You must not:

  • copy or modify the Application or any part of it without authorization;
  • extract, decompile, or disassemble the source code of the Application;
  • translate the Application into other languages or create derivative versions of it; or
  • use the Service Provider’s trademarks without authorization.

3.3 End User Licence Agreement (EULA): The Service Provider does not provide its own end user licence agreement for the Application. Accordingly, use of the Application distributed through the App Store is licensed under Apple’s standard licence agreement (Apple Standard EULA).

4. Changes to the Service and Charges

4.1 Changes to the Service: The Service Provider is dedicated to keeping the Application as beneficial and efficient as possible, and reserves the right to modify the Application at any time and for any reason.

4.2 Charges: The Service Provider reserves the right to charge for the Application or its features. Any such charges will be clearly communicated to you in advance.

5. In-App Purchases

5.1 Items Offered: The Service Provider may offer certain features of the Application as in-app purchases through the App Store, as non-consumable items that remain active after a single payment. The features available for purchase and their prices are shown on the purchase screen within the Application and on the App Store product page. Features other than those shown are not included in the purchase.

5.2 Payment: The purchase price is charged to the payment method registered to your Apple Account (App Store account). Payment is processed by Apple, and the Service Provider does not collect any payment method information.

5.3 Restoring Purchases: If your purchase is not reflected after changing devices, reinstalling, or for any other reason, please use the “Restore Purchases” function in the Application. Purchases can be retrieved again using the same Apple Account used at the time of purchase.

5.4 Returns and Refunds: Given the nature of the items, the Service Provider cannot accept returns or cancellations at your convenience after a purchase has been completed. Refunds for incorrect charges or other reasons are handled through Apple’s (the App Store’s) prescribed process, and whether a refund is granted is determined by Apple.

5.5 Purchase Information: Information collected in connection with in-app purchases is handled as described in the Privacy Policy.

6. Third-Party Services

6.1 Third-Party Services: The Application uses third-party services that have their own terms and conditions. The terms of the third-party service providers used by the Application are listed below:

6.2 Application of Third-Party Terms: When you use the Application, the terms of those third-party services also apply to you.

7. Advertising

7.1 Delivery of Advertisements: The Application may display advertisements provided by third-party advertising providers. The content, format, availability, and delivery conditions of such advertisements may be changed at the discretion of the Service Provider or the relevant third-party provider.

7.2 Disclaimer Regarding Advertisements: Advertisements are delivered under the responsibility of the relevant third-party provider. To the extent permitted by applicable law, the Service Provider makes no representation or warranty regarding the content, accuracy, safety, legality, or usefulness of such advertisements. For more information, please refer to Google’s Advertising Policies.

8. Connectivity and Your Device

8.1 Internet Connection: Some functions of the Application require an active internet connection, whether via Wi-Fi or a mobile network. The Service Provider is not responsible if the Application does not function at full capacity because you lack access to Wi-Fi or have exhausted your data allowance.

8.2 Data Charges: If you use the Application outside of a Wi-Fi area, your mobile network provider’s agreement still applies. You may therefore incur charges from your mobile provider for data usage, or other third-party charges. You accept responsibility for any such charges, including roaming charges if you use the Application outside your home territory without disabling data roaming.

8.3 Security of Your Device: It is your responsibility to maintain the security of your device and your access to the Application.

8.4 Jailbreaking and Rooting: The Service Provider strongly advises against jailbreaking or rooting your device, which involves removing software restrictions imposed by the official operating system of your device. Such actions compromise your device’s security and may result in the Application not functioning correctly or at all.

9. Disclaimers

9.1 Accuracy of Information: The Service Provider strives to keep the Application updated and accurate at all times, but relies in part on information provided by third parties. To the extent permitted by applicable law, the Service Provider accepts no liability for any loss, direct or indirect, that you experience as a result of relying entirely on the functionality of the Application.

9.2 No Warranty: The Application is provided “as is”. To the maximum extent permitted by applicable law, the Service Provider disclaims all warranties, whether express or implied, including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted operation.

9.3 Your Data: The content you enter into the Application is stored on your device. The Service Provider does not retain a backup of that data. To the extent permitted by applicable law, the Service Provider is not responsible for any loss of that data resulting from device failure, loss, reset, or deletion of the Application.

9.4 Limitation for Consumer Contracts: Where you qualify as a consumer under the Japanese Consumer Contract Act, this Section and the other disclaimers in these Terms do not exclude the Service Provider’s liability for damages arising from its intentional misconduct or gross negligence.

10. Updates and Termination

10.1 Updates: The Service Provider may update the Application. Operating system requirements may change, and you may need to download updates in order to continue using the Application. The Service Provider does not guarantee that it will always update the Application so that it remains compatible with the operating system version installed on your device. You agree to accept updates to the Application when they are offered to you.

10.2 Termination: The Service Provider may cease providing the Application at any time. Unless the Service Provider informs you otherwise, upon termination:

  • the rights and licenses granted to you under these Terms will end; and
  • you must cease using the Application and, if necessary, delete it from your device.

10.3 Effect on Purchased Features: If the Application ceases to be provided under the preceding paragraph, features purchased under Section 5 will also become unavailable. If the Service Provider decides to cease providing the Application, it will endeavour, so far as reasonably practicable, to give advance notice on this page or within the Application.

11. Changes to These Terms

11.1 Changes: The Service Provider may update these Terms from time to time.

11.2 Notice of Changes: The Service Provider will notify you of any changes by posting the updated Terms on this page. You are advised to review this page periodically for changes.

11.3 Continued Use: If you continue to use the Application after a change takes effect, you are deemed to have accepted the updated Terms.

12. Governing Law and Jurisdiction

12.1 Governing Law: These Terms are governed by the laws of Japan.

12.2 Jurisdiction: Any dispute arising out of or in connection with these Terms or the Application shall be submitted to the exclusive jurisdiction of the district court having jurisdiction over the Service Provider’s place of business as the court of first instance.

12.3 Language: The Japanese version of these Terms is the authoritative version. Versions in English and other languages are provided for reference only, and the Japanese version prevails in the event of any discrepancy.

13. General Provisions

13.1 Severability: If any provision of these Terms, or part of one, is held invalid or unenforceable under applicable law, the remainder of these Terms shall remain in full force and effect. In such a case, the Service Provider and you shall endeavour to reach a valid arrangement that comes closest to the intent of the invalid or unenforceable part.

13.2 Assignment: If the Service Provider transfers the business relating to the Application to a third party, or that business passes to a third party through a merger or other succession, the Service Provider may transfer to that third party its position under these Terms together with the rights and obligations arising from them.

13.3 Contact Us: If you have any questions or suggestions about these Terms, please contact the Service Provider at hello@crossbutton.com.