Established on June 5, 2024
Sola of America, Inc.
CEO Keisuke Yoshimura
Introduction
These Terms of Use (hereinafter referred to as the “Terms”) set forth the terms and conditions for the use of applications (monoca, monoca 2, kotoca, accoca, Michi-no-Eki Meguri, Caho’s Cute Password Manager, Bouquet Mosaic Art) and services (hereinafter referred to as the “Services”) provided by Sola of America, Inc. (hereinafter referred to as “Sola”). Users of the Services (hereinafter referred to as “Users”) are required to comply with the Terms in good faith. By installing or using the Services, Users are deemed to have reviewed the Terms, accepted each condition, and agreed to be bound by them. Sola reserves the right to change the content of the Terms at any time for any reason at Sola’s discretion. The revised Terms will take effect from the time they are posted in an appropriate location on the official website of the Services, and by continuing to use the Services after the changes, Users are deemed to have validly and irrevocably agreed to the revised Terms. As individual notifications of such changes to Users are not feasible, please refer to the latest version of the Terms from time to time when using the Services.
License to Use the Services
Users may be required to create an account for the Services. Users must strictly manage the created ID, password, etc., and must not transfer or lend them to third parties. Sola can regard all actions taken using the registered password as actions taken by the Users, and the Users will be responsible for any damages caused by insufficient management of the ID, usage errors, or use by third parties, with Sola not being responsible for any of such damages. If Sola determines that a Users has violated or is likely to violate the Terms, Sola may suspend or delete the account without prior notice to the Users. Sola may delete accounts that have not been accessed for more than one year without prior notice to the Users. All rights to use the Services will expire when the account is deleted for any reason. Please note that once an account is accidentally deleted by the Users, it cannot be restored. The Services account belongs exclusively to the Users. All rights to use the Services cannot be transferred, lent, or inherited by third parties. If the Users deletes the Services from their device or changes the device, all information of the Users will become unavailable. However, information may be restored from a backup created by the Users using their preferred method. The backup is the User’s responsibility, and Sola is not responsible for the backup or the information restored from the backup in any case.
Consent to Data Use
To facilitate product support and other services to Users, Users agree that Sola may collect, use, store, and transmit technical and related information that does not identify individuals, which identifies the User’s mobile device, operating system, application software, and peripheral hardware. Furthermore, Sola may collect and store statistical data on the use of the Services that does not identify individuals.
Consent to Data Disclosure
Sola may collect, use, store, transmit, and disclose Users data related to the Services, and any personally identifiable data will be collected, used, stored, and transmitted in accordance with Sola’s Privacy Policy (hereinafter referred to as the “Privacy Policy”) as posted on the official website of the Services. Please be sure to read the Privacy Policy when agreeing to the Terms. By agreeing to the Terms, you are also deemed to have agreed to the Privacy Policy.
Usage Fees
If the use of the Services is not free, Users are permitted to use the Services in accordance with the Terms, provided that they have paid the usage fees set by Sola. Sola reserves the right to change the usage fees and billing methods for the Services at any time, and such changes will take effect when the notification of the change is posted on the official website of the Services. Sola will provide notice of changes to usage fees and billing methods through the Services or the official website of the Services within a reasonable period determined in advance. Users agree to regularly check the Services or the official website of the Services to promptly become aware of any changes to the payment methods and their contents. Furthermore, all usage fees paid by Users for the use of the Services must be paid in advance, and once paid, usage fees are non-refundable, except as required by law or explicitly agreed or informed by Sola. Users are required to pay all fees incurred in connection with the use of the Services and do not have the right to withhold such payments for any reason. Additionally, Users explicitly understand that even if they are unable to use the Services due to interruptions or defects in the communication services and/or internet connection services they have contracted or are using for free, the fees charged for the use of the Services under the contract with Sola will not be refunded.
Prohibited Actions
Users must not engage in any of the following actions (hereinafter collectively referred to as “Prohibited Actions”) or actions that may be considered as such when using the Services. If Sola reasonably determines that a Users has engaged in any Prohibited Actions, the Users will be deemed to have committed a serious violation of the Terms, and Sola may immediately delete the relevant portions or suspend the User’s use of the Services without notifying the Users. Additionally, if Sola deems it necessary for the protection of Sola’s rights, property, etc., the protection of human life, body, and property from criminal acts, or for the proper upbringing and protection of children, Sola may disclose and provide information related to the Users, such as login information, mobile device information, and connection information of the Services, to courts, public prosecutors’ offices, police, local governments, and other authorized organizations without the User’s permission.
- Sola prohibits Users from engaging in the following actions:
- 1.1. Actions that cause or may cause damage to Sola or third parties.
- 1.2. Actions that infringe or may infringe on the property, reputation, privacy, etc. of Sola or third parties.
- 1.3. Actions that are or may be contrary to public order and morals.
- 1.4. Actions that infringe or may infringe on copyrights, trademark rights, or any other rights of Sola or third parties.
- 1.5. Actions such as registering another person’s email address or making false declarations or notifications.
- 1.6. Actions that use or provide computer viruses or other harmful programs.
- 1.7. Actions that send spam or unsolicited email newsletters unilaterally.
- 1.8. Other actions that violate or may violate laws and regulations.
- 1.9. Other actions that Sola deems inappropriate.
- Users agree that if they violate any of the above prohibitions, Sola may seek compensation for damages from them.
Disclaimer of Warranties
Unless otherwise stipulated by law, the Services is provided “as is” and may contain defects, without any warranties, and without any guarantee of operation. Users use the Services at their own risk. Satisfaction with the quality and performance is entirely at the User’s risk. Sola disclaims all express, implied, or statutory warranties, including but not limited to implied warranties of condition, uninterrupted use, merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement of third-party rights, as well as any warranties arising from the course of dealing, usage, or trade practice. Sola does not guarantee that the Services will be uninterrupted or error-free, or that any errors in the Services will be corrected. Furthermore, Sola does not guarantee that any data created by the Users in connection with the use of the Services will not be lost for any reason or cause.
Limitation of Liability
To the extent permitted by law, under no circumstances shall Sola be liable to Users for any bodily injury, property damage, loss of profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, device failure or malfunction, or any other direct, indirect, special, incidental, consequential, or punitive damages arising from or related to the use of the Services. This limitation applies regardless of whether the damages arise from tort (including negligence), contract, strict liability, or any other legal theory, and regardless of whether Sola was advised of the possibility of such damages.
Entire Agreement
The Terms constitute the entire agreement between the Users and Sola concerning the Services, except as otherwise provided. The failure of either party to exercise any right or power under this agreement, or any delay in exercising such right or power, shall not operate as a waiver thereof, nor shall any single or partial exercise of any right or power under this agreement preclude any other or further exercise of any other right or power.