Terms of Service

These Terms of Service (hereinafter referred to as "Terms") set forth the terms and conditions for the use of the "Mototore" app (hereinafter referred to as "Application") provided by Akira Kawata (hereinafter referred to as "Service Provider"). By downloading and using the Application, users are deemed to have understood and agreed to these Terms.

Article 1: Scope and Acceptance

These Terms set forth all conditions regarding the use of the Application and constitute the content of the agreement concluded between users and the Service Provider. By downloading or using the Application, users are deemed to have agreed to these Terms. If you do not agree to these Terms, do not use the Application.

Users and the Service Provider acknowledge that the EULA is concluded only between the Service Provider and the End-User, and not with Apple, Inc. (hereinafter "Apple"), and that the Service Provider, not Apple, is solely responsible for the Application and its content. Users acknowledge that the rules for using the Application are not in conflict with the Apple Media Services Terms and Conditions as of the Effective Date, and that Users have had the opportunity to review them.

Article 2: Usage License

The Service Provider grants users a non-exclusive and non-transferable right to use the Application. Users shall not sell, resell, lend, sublicense, or otherwise distribute the Application or its copies for any purpose.

The Application is permitted for use only on Apple-branded products (iPhone, iPad, etc.) owned or controlled by the End-User, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, provided that such Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

Users shall not reverse engineer, disassemble, decompile, or otherwise analyze the Application in whole or in part, except to the extent not prohibited by applicable law.

Article 3: Maintenance and Support

The Service Provider must be solely responsible for providing any maintenance and support services with respect to the Application, as specified in these Terms, or as required under applicable law. Users and the Service Provider acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

Article 4: Prohibited Acts

Users shall not engage in any of the following acts when using the Application:

  • Acts that violate laws or public order and morals
  • Acts that infringe on the intellectual property rights, portrait rights, or privacy rights of third parties
  • Acts of sending or using harmful computer programs, macros, viruses, etc.
  • Acts that obtain unfair benefits by deceiving the Service Provider or third parties
  • Acts that interfere with the normal operation of the Application
  • Other acts that the Service Provider deems inappropriate

The End-User must represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

Article 5: User Responsibilities

Users shall, at their own cost and expense, acquire and maintain the equipment, internet connections, and other services necessary to access the Application. Users are responsible for managing their own account information and passwords and are responsible for all activities related to the use of these.

Article 6: No Warranty and Disclaimer

The Application is provided "AS IS". The Service Provider makes no warranties of any kind regarding the Application, whether express or implied. The Service Provider does not guarantee the operation interruption, accuracy, reliability, or other matters of the Application.

The Service Provider assumes no liability for any direct, indirect, incidental, or special damages arising from or in connection with the use or inability to use the Application.

In the event of any failure of the Application to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Application to that End-User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the End-User's sole responsibility.

The Service Provider shall be responsible for addressing any claims of the End-User or any third party relating to the Application or the End-User's possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application's use of HealthKit and HomeKit frameworks (though the Application does not use these frameworks). The Terms may not limit the Service Provider's liability to the End-User beyond what is permitted by applicable law.

Article 7: Limitation of Liability

Except in cases where the Service Provider has intent or gross negligence, the limit of the Service Provider's liability for damages related to this Service shall be the total amount of usage fees paid by the user to this Service within the past three months (if said amount is less than 1,000 yen, then 1,000 yen).

Article 8: Third Party Beneficiary

Users and the Service Provider acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and that, upon the End-User's acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against the End-User as a third party beneficiary thereof.

Article 9: Contact Information

For inquiries regarding these Terms or the Application, please contact the following:

  • Service Provider: Akira Kawata
  • Address: 960-2 Nishihirai, Nagareyama-shi, Chiba-ken 270-0156, Japan
  • Email: eerf0309+mototore@gmail.com
  • Phone: +81 70 9009 0565

Article 10: Third Party Terms of Agreement

The End-User must comply with applicable third party terms of agreement when using the Application. For example, if the Application has VoIP functionality, then the End-User must not be in violation of their wireless data service agreement when using the Application.

The Application uses the following third-party services:

  • Firebase (analytics, authentication, cloud functions)
  • Google Analytics 4 (usage analytics)
  • OpenAI API (image analysis)

Please refer to the terms of use of each third party for details on the use of these third-party services.

Article 11: Governing Law and Jurisdiction

Disputes relating to these Terms and the use of the Application shall be governed by Japanese law. All disputes regarding this Service shall have the Chiba District Court or Tokyo District Court as the exclusive agreed jurisdiction court for the first instance.

Article 12: Protection of Personal Information

The Service Provider separately establishes a Privacy Policy to protect users' personal information. For information on the handling of personal information collected through the use of this Application, please refer to the Privacy Policy.

These Terms of Service become effective as of February 26, 2026.