These terms of use (hereinafter referred to as the “Terms of Use”) set forth the terms and conditions to be agreed upon by you as users with regard to the use of the services (hereinafter referred to as the “Services”), including the mobile app (hereinafter referred to as the “App”), provided by Metaps Corp. (hereinafter referred to as “the Company”). These Terms of Use are applicable to all users of the App. Please read these Terms of Use carefully, as you will be deemed to have agreed to all of the provisions hereof upon downloading of the App.

1. (General Provision, Scope)
1. These Terms of Use set forth the basic provisions regarding the use of the Services provided and operated by the Company through the App.
2. These Terms of Use are applicable to the Company and users of the Services.
3. Any individual or additional terms released by the Company on the App screen or any rules distributed by emails, etc. in relation to the Services shall constitute a part of these Terms of Use. If any provision of such individual/additional terms or rules is in conflict with any provision of these Terms of Use, the provision of such individual/additional terms or rules shall prevail.
4. For information regarding the use of the Company Website and other websites and applications linked to the App (hereinafter collectively referred to as “External Services”), please refer to the terms of use provided on relevant websites of the Company or of the External Services.

2. (Definitions)
As used in these Terms of Use, the following terms shall have the following meanings:
(a) “App” means the application provided by the Company (regardless of any changes subsequently made to its name or the content for whatever reason) and its related software.
(b) “Services” means any services which are available for use by Users after installing the App and its related applications.
(c) “User Agreement” means the contractual relationship established between Users and the Company in connection with Users’ use of the Services, including these Terms of Use and any other documents (hereinafter collectively referred to as “Individual Terms of Use”) distributed, transmitted or released by the Company in relation to the Services.
(d) “User” means an individual that has entered into a User Agreement with the Company with regard to the Services.
(e) “Content(s)” means any information available to Users through the Services, including, but not limited to, texts, images, video, audio, music and other sound effects, graphics, software, programs, codes, and other types of data.
(f) “Third-Party Content(s)” means any information or materials provided by a party other than the Company or Users incidentally as part of the Services.
(g) “Company Website” means the website with the domain name, “metaps.com,” (regardless of any changes subsequently made to the domain name or the content of the website for any reason) operated by the Company in relation to the App and the Services.
(h) “Intellectual Property Right” means copyright, patent right, utility model right, trademark right, design right and any other intellectual property right, including the right to obtain and register any such right.

3. (Use of the Services)metaps.com
1. Once a User completes downloading the App, a User Agreement is executed between the User and the Company in accordance with the provisions of these Terms of Use, and the Services are then made available for use by the User. Minors may not download the App or use the Services without the express consent of a parent or a legal guardian.
2. Users shall be able to use the Services in the manner specified by the Company only for the purposes as set forth herein and as long as the provisions hereof are complied with.
3. The App shall be available for Users’ personal use only and shall not be sold, distributed, developed or otherwise commercially exploited.
4. Users shall use the App “as is” and shall not be permitted to reproduce, change, alter or otherwise modify the same.
5. Users shall, at their own cost, prepare and maintain a PC, software, other relevant devices and network environment necessary for them to use the Services.
6. Users shall agree in advance that the Company may restrict certain Users’ access to all or part of the Services based on their age, availability of identity verification and/or User Information, and satisfaction of other conditions as deemed necessary by the Company.

4. (Registration of User Information)
1. Users shall register such information as necessary for the use of the Services and other information as deemed necessary and requested by the Company.
2. Users shall provide true and accurate information when registering User Information. The Company shall provide the Services based on the User Information registered by Users, and shall not be in any way responsible for any loss or damage incurred by Users as a result of any false, misleading or omitted statement in the User Information.
3. Users shall notify the Company of any change to User Information within 14 days of such change in the manner specified by the Company, and shall provide any relevant materials upon request by the Company.
4. Any notice of the Company which failed to reach a User for a reason attributable to such User’s non-compliance with the preceding paragraph shall be deemed as having been delivered to the User when it should have normally been delivered.

5. (Prohibited Acts)
No User shall engage in any of the following conducts on their own behalf or through a third party representation in connection with their use of the Services:
(a) Any conduct in violation of copyright, patent or other laws or regulations, judgment, decision or order of court, or a legally binding administrative disposition, or any conduct that would or may encourage such violation;
(b) Any fraudulent or threatening acts against the Company, other Users or a third party;
(c) Any acts that are or are likely to be in violation of public order and morality;
(d) Any acts of using, for commercial purposes, any contents posted or otherwise transmitted by Users through their use of the Services without obtaining permission from the Company in advance.
(e) Any acts of posting such contents made available by the Company or authorized third parties to be used within the Services onto other third party services, including but not limited to, Youtube and Nicovideo, beyond the extent permitted by the Company or the authorized third parties.
(f) Any acts that are or are likely to be interfering with the intellectual property right, publicity right, privacy, reputation, or any other right or benefit of the Company, other Users or a third party;
(g) Any acts intended to transmit to the Company, other Users or a third party any information actually or deemed by the Company as falling under any of the following:
(i) Information containing extremely violent or cruel expressions;
(ii) Information containing computer viruses or other harmful programs;
(iii) Information containing extremely obscene expressions;
(iv) Information containing racial expressions;
(v) Information containing expressions that may encourage suicide or self-injury;
(vi) Information containing expressions that may encourage inappropriate use of drugs;
(vii) Information containing antisocial expressions;
(viii) Information requiring third parties to disseminate junk, spam or chain emails;
(ix) Information containing illegal solicitation or advertisements;
(x) Information containing disturbing expressions;
(xi) Information intended for meeting strangers of the opposite sex; or
(xii) Any information similar or equivalent to any of the preceding items;
(h) Reverse engineering;
(i) Any acts that impose excessive burden on the network or system of the Services;
(j) Accessing the general system connected to the Services without
(k) authorization, unlawfully modifying or deleting information accumulated in the Company’s facility, or any other acts that would cause damage to the Company;
(l) Any acts of intentionally publishing or posting false data or information;
(m) Any acts intended to gather information regarding other Users;
(n) Falsely assuming the identity of the Company or as a third party including other
(o) Abusing the Account and/or Password of another User;
(p) Advertising, promoting, soliciting or marketing within the Services without obtaining permission from the Company in advance;
(q) Offering illegal profits to antisocial forces (including an organized crime group, an organized crime group member, a right wing group, an antisocial force, and any group or individual equivalent thereto);
(r) Any acts intended for meeting strangers of the opposite sex;
(s) Any acts not in compliance with the purposes of these Terms of Use, Individual Terms of Use or the Services;
(t) Any acts that would directly or indirectly trigger or facilitate any of the acts in the preceding items; or
(u) Any other acts deemed inappropriate by the Company.

6. (Termination by User)
1. Users may stop using the Services at any time in the manner specified by the Company, upon which point such Users become no longer able to use the Services. Users shall agree that their Account, User Information, Device Information and other information previously stored within the Services cannot be recovered even when the Account has been deleted by mistake.
2. Even if a User stops using the Services, he/she shall not be relieved of any responsibilities or obligations (including, but not limited to, compensation for damages) towards the Company or other third parties under relevant User Agreement.
3. Even after a User stops using the Services, the Company shall be able to retain and use any information previously provided by such User.
4. If a User stops using the Services but later decides to resume using the Services, he/she shall be required to re-download the App. Users shall understand and agree in advance that even if the App is re-downloaded, any data from their previous Accounts cannot be transferred or recovered.

7. (Changes, Additions, Termination or Suspension of the Services)
1. The Company reserves the right to make changes or additions to all or part of the Services without giving prior notice to Users.
2. The Company reserves the right to terminate the provision or operation of all or part of the Services at its discretion, upon which event the Company will notify Users to that effect in a manner deemed appropriate by the Company; provided, however, that such termination may take place without notice in case of an emergency.
3. In the event of any of the following, the Company shall be able to temporarily suspend all or part of the Services without giving prior notice to Users:
(a) An emergency or periodical maintenance or repair work is performed on the hardware, software or other network devices for the Services;
(b) The continued use of the API necessary for the provision of the Services has been rendered difficult.
(c) There has been a system overload due to increased usage or other unexpected
(d) There is a need for a security measure for Users;
(e) Telecommunications provider does not provide its services;
(f) Provision of the Services is rendered difficult due to a force majeure event;
(g) Provision of the Services is rendered difficult due to fire, power failure, accident, war, disputes, disturbances, riots, labor disputes, etc.;
(h) Provision of the Services is rendered difficult due to laws or regulations or due to any dispositions made in accordance with such laws or regulations; or
(i) The Company deems it necessary to suspend the Services for a reason equivalent to any of the preceding items.
4. The Company shall not be in any way responsible for any loss or damage incurred by Users as a result of the Company’s actions under this Article.

8. (Ownership of Rights)
1. Any and all intellectual property rights pertaining to the Contents or Third-Party Contents provided by the Company through the App or the Services shall belong to and remain the property of the Company or the relevant licensor the Company.
2. Unless permission is obtained from the Company, Users may not modify, edit, translate or allow any third party to use any information provided by the Company or disclose the same to any third party, and may not engage in any acts that could infringe upon any intellectual property rights of the Company or the relevant licensor of the Company (including, but not limited to, disassembling, decompiling, reverse engineering) for any reason whatsoever.
3. Trademarks, logos and service marks, (hereinafter collectively referred to as “Trademarks, etc.”) which may be displayed within the Services shall not be construed to confer on Users or any other third party any license to use such Trademarks, etc., nor shall they be construed to transfer any title thereto.
4. Each User shall represent and warrant that he/she is legally authorized to transmit, by way of posting or otherwise, the information transmitted as User Contents, and that his/her User Contents are not infringing upon the rights of any third party.
5. Each User shall grant the Company a worldwide, non-exclusive, free, and transferable license with the right to sublicense for the use, reproduction, distribution, creation of derivative work, display and execution of his/her User Contents. Such license granted in accordance with the preceding provision shall remain effective even after the relevant User stops using the Services and/or the User’s Account is deleted.
6. Each User shall agree that he/she will not exercise his/her moral rights against the Company or any successor or licensee of the Company.
7. Each User shall be responsible for, and the Company shall not be in any way responsible for, performing backups for his/her own User Contents.

9. (Use of Editing Materials)
1. The Company will provide necessary materials, documentation and/or components (hereinafter referred to as “Editing Materials”) to Users wishing to create their User Contents by processing or editing such materials through the Services. Users shall be permitted to use the Editing Materials only in accordance with the terms set forth herein and as prescribed by the Company.
2. The license granted in the preceding paragraph shall apply to the Users’ personal use of the Editing Materials only. Users shall agree in advance that a prior authorization is required if any User wishes to use any Editing Material for commercial purposes.
3. Any and all intellectual property rights pertaining to the Editing Materials shall belong to and remain the property of the Company or the licensee of the Company. The license granted in Paragraph 2 of this Article shall not be construed as transferring any intellectual property rights pertaining to such Editing Materials.

10. (Collection, Analysis and Handling of User Information)
1. Any information pertaining to Users, including User Information and Device Information, shall be handled by the Company in accordance with the Privacy Policy separately established by the Company. Each User shall agree that the Company will handle such information regarding the User in accordance with the Privacy Policy.
2. Each user shall agree that the Company shall be able to use User Information, Device Information and any other information or data provided by the User to the Company for the purposes of provision and operation of the Services and for the improvement of the Contents of the Services, and that the Company shall be able to publish any such information as statistical data only to the extent that no individual is identifiable therefrom.

11. (Confidentiality)
1. As used in these Terms of Use, “Confidential Information” shall mean any information provided by the Company and disclosed to or acquired by Users in connection with the Services, whether written or oral, in whatever medium provided, including, but not limited to, any technical, business, operational, financial, or organizational information regarding the Company; provided, however, that Confidential Information shall not include any information which:
(a) Is already known to Users at the time of provision or disclosure by the Company;
(b) Is or becomes generally known by the public through no fault of Users prior to or after disclosure by the Company;
(c) Is legally acquired from a third party without an obligation of confidentiality; or
(d) Is developed independently without reference to Confidential Information.
2. Users shall not use Confidential Information for any purpose other than the use of the Services, and shall not provide, disclose or divulge Confidential Information to any third party without a prior written consent of the Company.
3. Notwithstanding the provisions in the preceding paragraph, Users may disclose Confidential Information if required by applicable law, or order or requests of a court or governmental organization, upon which event such Users shall promptly notify the Company to that effect.
4. If a User wishes to reproduce, copy or translate Confidential Information, he/she shall obtain a prior written consent and shall strictly manage such reproduced, copied or translated materials (hereinafter referred to as “Reproduced Materials, etc.”) in accordance with Paragraph 2 of this Article.
5. Whenever requested by the Company, Users shall return or destroy any and all materials containing Confidential Information, including any relevant Reproduced Materials, etc., without delay and in a manner specified by the Company.

12. (Damages)
1. If a User causes damage to the Company by violating any provision hereof or in connection with his/her use of the Services, such User shall be responsible for compensating the Company for any such damage, including any attorney or professional fees and personnel expenses incurred by the Company.
2. If a claim is made against the Company by a User or a third party regarding an infringement of right by another User in relation to the User’s use of the Services, such infringing User shall be responsible for compensating any expenses incurred by the Company to compensate the damaged party and to resolve any disputes arising from such claim, including any attorney fees or professional fees and personnel expenses incurred by the Company.
3. The Company shall not be in any way responsible for any loss or damage incurred by any User in relation to the Services. Even in cases where the Company has an obligation to compensate a User for damages on the grounds of the applicable consumer protection laws despite the provisions of this Article and other provisions indemnifying the Company’s liability for damages, the damages to be compensated by the Company shall be limited to the direct and ordinary damages actually incurred for reasons attributable to the Company.

13. (Disclaimer and Indemnification)
1. Nothing in these Terms of Use shall be construed as a guarantee by the Company that the Services, Third-Party Contents provided through the Services, User Contents, information obtained from External Services, and other information which may be acquired by Users through the Services are suitable for specific use purposes of Users, that the Services meet the expectations of Users with regard to their functions, product value, accuracy, usability and integrity, that the use of the Services is in compliance with applicable laws, regulations and other internal rules enforce by relevant organizations applicable to Users, and that the Services are free of any defects or malfunctions.
2. Nothing in these Terms of Use shall be construed as a guarantee by the Company that the User Contents and Third-Party Contents provided through the Services are legally available for use, that they are in compliance with the terms of use for YouTube, Twitter, Facebook and other relevant services provided by third party providers, and that they are not infringing upon any rights of third parties.
3. Nothing in these Terms of Use shall be construed as a guarantee by the Company that the App is compatible with all types of mobile devices. Each User shall acknowledge in advance that there may be interruptions of the Services associated with an OS upgrade of the User’s mobile device even if the device had been compatible when the User first started using the Services; provided, however, that this provision shall not be construed as a guarantee by the Company that such interruptions will be resolved through program modifications performed by the Company in the event of such interruptions of the Services.
4. Each User shall acknowledge in advance that the App and/or the Services may be restricted in whole or in part in response to a change made to the terms of use for the AppStore, GooglePlay and other related application stores.
5. Despite the tests constantly conducted by the Company on the accuracy of the content recognition and GPS functions, each User shall acknowledge in advance that there may be cases where they may experience decreased level of accuracy due to changes in the User environment, network condition and other external factors.
6. The Company shall not be in any way responsible for any loss or damage arising as a result of or in connection with the Services, including suspension, termination, interruption or modification of the Services, deletion or loss of information transmitted by Users through the Services, deletion or loss of Accounts, device failure or damage, loss or damage resulting from User Contents or Third-Party Contents, and for any other reason whatsoever.
7. The Company shall store all User Information and Device Information on a secure network in a cloud environment deemed satisfactory by the Company; provided, however, that this provision shall not be construed as a guarantee of absolute safety or reliability, and the Company shall not be responsible for compensating any damage incurred by Users as a result of any loss of their User Information and/or Device.
8. As a general rule, the Company shall not be involved in the activities or communications among Users, nor shall it intervene in or be responsible for any dispute or trouble arising among Users. In the event of such dispute or trouble, relevant Users shall be responsible for promptly notifying the Company to that effect and shall resolve the matter at their own cost and responsibility.

14. (Effective Term)
Each User Agreement shall be effective from the date the App is downloaded by the relevant User and shall remain effective until the date the User stops using the Services or the date the User’s Account is deleted, whichever is earlier.

15. (Amendment)
The Company reserves the right to make amendments or additions to these Terms of Use and other Individual Terms of Use associated with the Services, at which event the Company shall notify Users of such amendments or additions in accordance with the provisions of Article 18 hereof. Users shall be deemed to have consented to such amendments or additions if they continue to use the Services after notice is given or unless they take necessary procedures to terminate the use of the Services within the period prescribed by the Company.

16. (Communications, Notice)
1. Any notice regarding amendments to these Terms of Use and any other communications regarding the Services from the Company to Users shall be made by way of posting on relevant websites, emails, push notifications and other means as deemed appropriate by the Company.
2. Any inquiry regarding the Services and any other communications or notices from Users to the Company shall be made using the inquiry form on the Company Website or by way of other means as designated by the Company.
3. The Company may, from time to time, send advertisements and/or promotions to Users regarding the Services to email addresses registered by the Users.

17. (No Assignment)
1. Unless prior written consent is obtained from the Company, Users shall not assign or pledge as security any title or right hereunder or under any User Agreement to any third party, whether in whole or in part.
2. Users hereby agree in advance that in the event that the Company transfers its business relating to the Services, the Company shall be able to also transfer its title, rights and obligations under all relevant User Agreements in addition to User Information and other client data to the transferee. Transfer of business as provided for in this paragraph shall include mergers where the Company is being absorbed or split and company split-ups where the Company becomes the general successor.

18. (Severability)
If any provision of these Terms of Use is found to be invalid or unenforceable under any applicable consumer protection laws or any other laws or regulations, the remainder of these Terms of Use shall continue in full force and effect; provided, however, that the Company and Users shall endeavor to correct or replace any legally invalid or unenforceable provisions to the extent necessary to make those provisions enforceable and bring the same legal and economic effects initially intended or contemplated by the original provisions.

19. (Survival)
The provisions of Paragraph 2 through Paragraph 5 of Article9, Article 11 through Article 13, and Article 17 through Article 21 shall survive the termination of any relevant User Agreements.

20. (Governing Law, Jurisdiction, Language)
These Terms of Use shall be governed by the laws of Japan, and any disputes arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance. In the event of any discrepancy or inconsistency between the English and Japanese versions of these Terms of Use, the Japanese version shall prevail.

21. (Consultation)
Any matters not stipulated herein or any ambiguities arising in connection with the interpretation of any of the provisions of these Terms of Use shall be resolved through consultation between the Company and Users in accordance with the fair and equitable principle.