Terms of Service

Important Notices

Before using OITOKU, please read the following important notices.

■ About data recovery (Important)
Your data in this app (including your posted messages and items purchased in the Store, such as message slots) can only be recovered by entering the “Data Recovery Code” available from the menu. There is no other way to recover your data.
In case you change devices, reinstall the app, or lose or damage your device, we strongly recommend obtaining your “Data Recovery Code” from the menu and saving it as soon as you start using the app.
Always store your Data Recovery Code in a safe place that only you can access.
If you lose your Data Recovery Code, we cannot recover your data under any circumstances. Please understand this in advance.

■ Be aware of your surroundings
This app uses your camera to display AR space. Always check your surroundings and use the app in a safe location. Using the app while walking, cycling, or driving may cause accidents or serious injury. Please do not use it while moving.

■ Respect public spaces
Please be considerate of other users and people around you. When using the app at stations, hospitals, schools, private property, restricted areas, or inside shops, follow the rules of the location and the instructions of the administrator.

■ Respect privacy and portrait rights
Avoid capturing other people’s faces, personal information, license plates, or other private details in your messages. Posting without consent may cause trouble.

■ About inappropriate posts
Posts that we determine to fall under the following may be hidden or deleted without notice:
• Content contrary to public order and morals
• Violent, discriminatory, or sexual content
• Defamation or harassment
• Content promoting illegal activity
• Spam or commercial advertising
• Impersonation or false information
• Harassment exploiting location data

■ Use of location and network
This app uses location information to post and display messages. Please enable location services and network connectivity on your device.

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These Terms of Service (“Terms”) define the terms of use of OITOKU (“Service”) provided by the operator of OITOKU (“Operator”). By using the Service, users are deemed to have agreed to these Terms.

Article 1 (Application)
These Terms apply to all relationships between users and the Operator regarding the use of the Service.

Article 2 (Accounts)

1. Users agree that an account will be automatically created using device identifiers when they start using the Service.
2. A single user may not hold multiple accounts.
3. Users are responsible for managing their account and recovery code.
4. Users may delete their account at any time from the in-app menu. Deletion permanently removes all data, including posts, purchased message slots, and the recovery code, and cannot be undone.

Article 3 (Prohibited Acts)
Users shall not engage in the following:

1. Acts that violate laws or public order and morals
2. Acts related to criminal activity
3. Acts that infringe on the intellectual property rights, privacy, portrait rights, or honor of the Operator, other users, or third parties
4. Acts that interfere with the operation of the Service
5. Unauthorized access, reverse engineering, or use of automated tools
6. Using another user’s account or impersonation
7. Spam, excessive posting, or mass posting to specific areas
8. Association with antisocial forces
9. Any other act the Operator deems inappropriate

The Operator has zero tolerance for objectionable content (including illegal, harassing, discriminatory, violent, or sexual content) and abusive behavior. Users can use the “Report” function on each message and the “Block” function for a poster. The Operator reviews reports and, as a rule within 24 hours, takes appropriate action, including removing violating content and suspending violating users.

Article 4 (Handling of Posted Content)

1. Copyright and other rights to messages and other content posted by users (“Posted Content”) belong to the user.
2. Users grant the Operator a free, non-exclusive license to use Posted Content (including reproduction, public transmission, and translation) for the purpose of providing, operating, improving, and promoting the Service.
3. The Operator may hide or delete any post that violates these Terms or that the Operator deems inappropriate, without prior notice.

Article 5 (Paid Services)

1. Some features of the Service, such as additional message slots, are paid.
2. In principle, paid content is non-refundable.
3. Purchases and refunds are subject to the rules of the respective platform (App Store / Google Play).
4. Purchased message slots are managed in association with your account. To restore them after changing or reinstalling your device, use the “Data Recovery Code (recovery code)” in the menu.

Article 6 (Changes and Suspension)
The Operator may change, add to, or suspend the Service without prior notice. The Operator is not liable for any damages to users or third parties arising from this.

Article 7 (User Responsibility and Indemnification)

1. Users use the Service at their own responsibility and are solely responsible for all acts and results related to their use of the Service.
2. If a user violates these Terms or causes damage to the Operator or a third party in connection with the use of the Service, the user shall compensate for such damage at their own expense and responsibility and shall hold the Operator fully harmless.
3. If any claim, complaint, or legal action is brought against the Operator by a third party in connection with a user’s Posted Content or conduct (including infringement of rights, defamation, or invasion of privacy), the user shall resolve it at their own responsibility and expense and shall indemnify the Operator for all resulting damages, including attorney’s fees.

Article 8 (Disclaimer)

1. The Service is provided on an “as is” basis. The Operator makes no warranty, express or implied, as to the completeness, accuracy, usefulness, fitness for a particular purpose, continuity, safety, or freedom from errors or defects of the Service.
2. The Operator shall not be liable for any damages incurred by users or third parties arising from or in connection with:
   (1) Use or inability to use the Service
   (2) Loss, corruption, or inability to display Posted Content or other data, and the absence of backups
   (3) Inaccuracy or error of location information or AR display, or issues arising from the communication or device environment
   (4) Accidents, injuries, or property damage suffered by a user during or in connection with use of the Service (including those caused by operating the app while walking or in motion)
   (5) Disputes or troubles arising between users or with third parties
   (6) Defects, changes, or suspension of services provided by third parties such as the App Store, Google Play, or map/AR platforms
3. Notwithstanding the preceding paragraph, the Operator shall be liable in cases of willful misconduct or gross negligence by the Operator. Even in such cases, the damages the Operator compensates shall be limited to ordinary and direct damages actually incurred, and shall not include lost profits, special damages, indirect damages, or incidental damages.
4. If a user qualifies as a consumer under the Japanese Consumer Contract Act and damage arises without the Operator’s willful misconduct or gross negligence, the Operator’s liability shall be limited to the amount the user paid to the Operator for the transaction that caused the damage (or JPY 1,000 for features provided free of charge).

Article 9 (Changes to Terms)
The Operator may change these Terms without prior notice when deemed necessary. If a user continues to use the Service after the change, the user is deemed to have agreed to the modified Terms.

Article 10 (Governing Law and Jurisdiction)

1. These Terms are governed by Japanese law.
2. Any dispute arising in connection with the Service shall be subject to the exclusive jurisdiction of the court having jurisdiction over the Operator’s location as the court of first instance.