HappyNote Application Service Agreement
Under this agreement (Agreement) , customers are requested to use the services related to the “Happy Note App” (“the service”) provided by the craft group (“we”) consisting of Craft International and Craft Japan Co., Ltd. It is determined regarding the handling of the use case. Please use the service on agreeing to this agreement.
Article 1 (Definition)
The definitions of terms used in the agreement are as follows.
“The service” stands for the service that we have operated and its related services.
“The Website” stands for the website where the contents of the service are posted.
“The content” stands for a general term (including posted information) for characters, sounds, images, animation, videos, software programs, codes, etc. provided on the service.
“User” stands for anyone who uses the service.
“Registered User” stands for a person who has completed user registration for the website.
“ID” stands for characters or strings unique to the registered user for the use of the service.
“Password” stands for the encryptic string that the registered user sets uniquely with the person’s ID.
“Personal information” stands for a general term for information that can identify an specific individual, such as address, name, occupation, and telephone number etc.
“Registration information” stands for the general term (excluding posted information) of the information registered by the registered user on the site and the service.
“Intellectual property” stands for an invention, a device, a new species of plant, a design, a work, or any other product of human creative activity (discovered or elucidated natural law or phenomenon, industrially). (Including those that may be available), trademarks, trade names and other items that indicate goods or services used in business activities, and trade secrets and other technical or business information that is useful for business activities.
“Intellectual property rights” stands for patent rights, utility model rights, breeder’s rights, design rights, copyrights, trademark rights, and other rights stipulated by law or rights related to legally protected interests.
Article 2 (Consent approval to the agreement)
1 The user shall be able to use this service after agreeing to the terms of the agreement.
2 When the user downloads the service to own smartphone, tablet, PC, or other devices and performs the procedure for agreeing to the agreement, the user and we comply with the provisions of the agreement. The both agreement shall deem to be established.
3 If the user is a minor, we take he uses the service by obtaining the consent of a parent or legal representative.
4 If a minor user uses the service by pretending to have consent without the consent of a legal representative or by pretending to be an adult with respect to age, in order to make us believe that they are other capable persons. If the user use fraudulent methods, the user cannot revoke any legal act related to the service.
5 If a user who was a minor at the time of agreeing to the agreement uses the service after reaching the major age, the user is deemed to have confirmed all legal acts related to the service.
Article 3 (Change of Agreement Terms)
1 We shall be able to revise the contents of the agreement at any time without obtaining the consent of users, and the user shall consent to the change without objection.
2 When we revise the agreement, we will notify users the change of the contents by a method we might decide.
3 The revision of the agreement shall take effect from the time when we give notice in accordance with the previous paragraph.
4 When the user uses the service after changing the agreement, it is considered that the person has agreed to the changed terms of the agreement without any objection.
Article 4 (Membership procedure)
1 Those who wish to join the service (“registration applicants”) must agree to these terms and apply for membership by the method we have decided.
2 When a user apply for membership, the user can become a registered user from the time we accept the application and complete ID registration.
3 We may provide advertisements and other information to the registered contact.
4 We may not accept the membership application at our discretion if the applicant for registration falls under any of the following items.
(1) When a register applicant was applied with any method which we don’t specify
(2) When a registration applicant is a person who has been withdrawn due to violating the agreement or other terms of use we established in the past.
(3) When we determine that a registration applicant is registering by improper means
(4) When a registration applicant has registered with information other than the person
(5) When we judge that it is inappropriate
Article 5 (Account Management)
1 The user shall voluntarily register and manage the information registered at the time of use (“registration information”, including e-mail address, ID, password, etc.) at the person’s own risk. The user shall not allow a third party to use the information, or lend, transfer, change the name, buy or sell, etc.
2 If the service is used by the registered information, we can treat it as the one used by the person who registered the use. The result caused by the use and all the responsibilities associated it shall belong to the person who have done the act.
3 If the unauthorized use of the registered information causes damage to us or a third party, the user shall compensate us and the third party for the damage.
4 The management of registration information shall be carried out at the user’s own risk, and we shall not be liable for any disadvantage or damage suffered by the user due to the registration information being inaccurate or false.
5 If it is found that the registered information has been stolen or used by a third party, the user shall immediately notify us and follow the instructions from us.
Article 6 (Handling of personal information, etc.)
We will appropriately treat personal information and user information in accordance with the “Privacy Policy” (https://www.craftinter.biz/j/privacy).
Article 7 (Prohibited acts)
When using the service, we prohibit the following acts of the user. If we find that the user has violated the prohibited items, we can suspend the user membership, withdraw from the membership, or take other measures that we deem it is necessary.
(1) Acts that damage the intellectual property rights that we or a third party have owned
(2) Acts that damage or unfairly discriminate or slander the honor and credibility that we or a third party have owned
(3) Acts that damage or may damage the property that we or a third party have owned
(4) Acts that may cause financial damage to us or a third party
(5) Threatening acts against us or third parties
(6) Acts that use or induce computer viruses, harmful programs
(7) Acts that put an excessive load on the infrastructure equipment for the service
(8) Attacks on the server, system, and security of the website and the service Attacks on the server, system, and security of the website and the service
(9) Attempting to access our services using a method other than the interface that we have provided
(10) The act of one user acquiring multiple user IDs for inappropriate purpose
(11) In addition to the above, acts that we deem inappropriate
Article 8 (Disclaimer)
1 We shall not be liable for any damage caused by changing, interrupting or terminating the service.
2 We shall not be liable for the usage environment of the service of the user.
3 We shall not guarantee the fact that the service fits the specific purpose of the user, has the expected function, commercial value, accuracy and usefulness, and the use of the service by the user is applicable to the user. We shall not guarantee that the product will comply with the internal rules of some industry groups and that no problems will occur.
4 We shall not guarantee that the service is compatible with all information devices. The user shall acknowledge that there is a possibility that problems may occur in the operation of the service due to the version upgrade of the OS and firmware of the user’s hardware. We shall not guarantee that the problem will be resolved by modifying the program that we may perform when such a problem occurs.
5 The user shall admit in advance that the use of part or all of the service may be restricted due to changes in the terms of operation policy of service stores such as the App Store, GooglePlay, and Windows Store.
6 We shall not be liable for any damages caused directly or indirectly to the user by using the service.
7 We shall not be liable for any damage for lost opportunities, business interruptions and any other reason (including indirect damages and lost profits) that occur to users and other third parties. It includes the case they notified us such a damage would take place.
8 The provisions of paragraphs 1 to the preceding paragraph do not apply if we have intentional or gross negligence, or if the agreement applied the protection under the consumer contract law.
9 Even if the preceding paragraph applies, we shall not be liable for any damages caused by special circumstances among the damages caused to the user due to negligence (excluding gross negligence).
1０ If we are liable for damages related to the use of the service, we shall be liable for damages up to the amount of use received from the user in the month in which the damage occurred.
11 We shall not be liable for any dispute or trouble between the user and other users. Even if a problem occurs between the user and another user, it is the responsibility of both parties to resolve it, and we shall not ba liable to accept any claims on the case.
12 If the user causes damage to another user or causes a dispute with a third party in connection with the use of the service, the user will compensate for such damage or dispute at his own expense and responsibility. We shall not be liable for the matter and the user shall not cause any inconvenience or damage to us.
13 If we accept a claim for damages due to the user’s actions, we will resolve it at the user’s expense (attorney’s fee) and responsibility. If we pay damages to the third party, the user shall pay us all costs including the damages (including attorney’s fees and lost profits).
14 If the user causes damage to us in connection with the use of the service, we shall claim compensation for the damage (including legal fees and attorney’s fees) to the user and the person’s responsibility.
Article 9 (Usage of advertisement)
The user shall understand that any advertisement may be included on the service, and that we or its affiliates may place any advertisement, and we consider that the user have accepted these services. The form and scope of these advertisements on the service may be changed by us at any time.
Article 10 (Prohibition of transfer of rights)
1 The user shall not assign all or part of the status under the agreement and the rights or obligations based on the agreement to a third party without the prior written consent of our company.
2 We may transfer all or part of the service to a third party at our discretion, in which case the user’s account, including the user’s information within the scope of the transferred rights All rights shall be transferred to the transferee.
Article 11 (Severability)
Even if any provision of the agreement or a part thereof is determined to be invalid or unenforceable by the Consumer Contract Law or other laws and regulations, the remaining provisions and part of the agreement shall be valid or enforceable.
Article 12 (Communication methods)
The users of the service can contact or inquire throgh the inquiry form which was set up on our website. Or the person can contact by a method specified separately by us.
Article 13 (Applicable law, Jurisdiction)
1 The validity, interpretation and performance of the agreement shall be governed by Hong Kong law and Japanese law, and shall be construed in accordance with Hong Kong law and Japanese law. If there is a discrepancy between Hong Kong law and Japanese law, Hong Kong law shall prevail.
2 For discussions, proceedings and all other disputes we might have with users and related persons, the jurisdictional institution shall be in Hong Kong.
January 24, 2021 Enactment