OshiVista Terms of Service

These Terms of Service (hereinafter referred to as "these Terms") set forth the terms and conditions for the use of the services provided by the provider (hereinafter referred to as "we" or "us") of OshiVista (hereinafter referred to as "this Application"). When using this Application, you must read these Terms in their entirety and agree to them.

Article 1 (Application)

1. These Terms are intended to define the rights and obligations between us and users regarding the use of this Application and shall apply to all relationships between users and us regarding the use of this Application.
2. By downloading, installing, or using this Application, users are deemed to have agreed to all the contents of these Terms.
3. If the content of these Terms differs from the description of this Application outside of these Terms, the provisions of these Terms shall take precedence.

Article 2 (Definitions)

The following terms used in these Terms shall have the meanings set forth below:

1. "This Application" means OshiVista and related services.
2. "User" means all individuals who use this Application.
3. "Oshi Subject" means celebrities, idols, voice actors, VTubers, and other public figures that users register and manage within this Application.
4. "User Data" means all information (Oshi Subject information, event information, photos, notes, etc.) that users create, register, and save within this Application.
5. "Intellectual Property Rights" means copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the rights to acquire such rights and to apply for registration of such rights).

Article 3 (Service Content)

1. This Application provides services for users to manage information about their Oshi Subjects, check event schedules, and record memories.
2. The main features of this Application are as follows:
   • Registration and management of Oshi Subjects
   • Event schedule management and notification features
   • Memory recording features for photos, notes, etc.
   • Information retrieval and event search features using AI functionality for Oshi Subjects
   • Calendar integration features
3. This Application uses external services (OpenAI, Perplexity, Firebase, etc.) to provide some of its features. The use of these external services is subject to the terms of service and privacy policies of each respective service.

Article 4 (Terms of Use)

1. Users shall use this Application in compliance with these Terms and applicable laws and regulations.
2. Users shall use this Application at their own responsibility and shall be solely responsible for all matters related to the use of this Application.
3. Users shall prepare the necessary equipment, software, communication means, etc., for using this Application at their own responsibility and expense.
4. Some features of this Application require an Internet connection. Communication costs shall be borne by the user.

Article 5 (Prohibited Activities)

Users shall not engage in any of the following acts or acts that we determine to fall under any of the following categories when using this Application:

1. Acts that violate laws or public order and morals
2. Acts related to criminal activities
3. Acts that infringe upon the intellectual property rights, portrait rights, privacy, honor, or other rights or interests of us, other users of this Application, or third parties
4. Acts of transmitting or posting information through this Application that falls under or is deemed by us to fall under the following categories:
   • Information containing excessively violent or cruel expressions
   • Information containing computer viruses or other harmful computer programs
   • Information containing expressions that defame the honor or credit of us, other users of this Application, or third parties
   • Information containing excessively obscene expressions
   • Information containing expressions that promote discrimination
   • Information containing expressions that encourage suicide or self-harm
   • Information containing expressions that encourage inappropriate use of drugs
   • Information containing antisocial expressions
   • Information containing expressions that cause discomfort to others
5. Acts that place an excessive burden on the network or systems of this Application
6. Acts that may interfere with the operation of this Application
7. Acts of unauthorized access or attempted unauthorized access to our networks or systems
8. Acts of impersonating third parties
9. Acts of using the IDs or passwords (if any) of other users of this Application
10. Acts of advertising, promotion, solicitation, or business activities on this Application without our prior consent
11. Collection of information of other users of this Application
12. Acts that cause disadvantage, damage, or discomfort to us, other users of this Application, or third parties
13. Providing benefits to antisocial forces
14. Acts of decompiling, disassembling, reverse engineering, or otherwise analyzing the source code of this Application
15. Acts of modifying, altering, adapting, or creating derivative works of this Application
16. Acts that directly or indirectly cause or facilitate any of the acts listed in the preceding items
17. Other acts that we deem inappropriate

Article 6 (Handling of User Data)

1. Copyrights and other intellectual property rights in User Data belong to the user or third parties who hold such rights.
2. By registering User Data in this Application, users grant us a non-exclusive, royalty-free license to use User Data (including reproduction, adaptation, public transmission, and all other uses permitted under copyright law) for the purposes of providing, maintaining, improving, and promoting this Application and its services.
3. Users agree not to exercise moral rights against us.
4. Users represent and warrant to us that they have the lawful right to post or otherwise submit User Data, and that User Data does not infringe upon the rights of third parties.
5. We have no obligation to monitor whether User Data violates these Terms or infringes upon the rights of third parties. However, we reserve the right to delete such User Data without prior notice to the user if we determine that it violates these Terms or infringes upon the rights of third parties.
6. User Data is, in principle, stored locally on the user's device. We have no obligation to back up User Data. Users shall back up their User Data regularly at their own responsibility.

Article 7 (Intellectual Property Rights)

1. All intellectual property rights related to this Application belong to us or to those who have granted licenses to us, and the license to use this Application under these Terms does not mean a license to use the intellectual property rights related to this Application belonging to us or to those who have granted licenses to us.
2. Users may use this Application only for personal use purposes, and may not, without our prior written consent, reproduce, transfer, lend, translate, modify, reprint, publicly transmit (including making available for transmission), transmit, distribute, publish, or use this Application for commercial purposes.

Article 8 (Use of External Services)

1. This Application uses the following external services:
   • OpenAI API (providing AI features)
   • Perplexity API (providing information search features)
   • Firebase (providing remote configuration and analytics features)
   • Other external services necessary for providing features of this Application
2. The use of external services is subject to the terms of service and privacy policies of each respective service. Users are responsible for complying with the terms of service of these external services.
3. We do not guarantee the availability, accuracy, completeness, usefulness, safety, etc., of external services.
4. We shall not be liable in any way if some features of this Application become unavailable due to changes, interruptions, terminations, etc., of external services.

Article 9 (Disclaimer)

1. We do not expressly or implicitly guarantee that this Application is free from defects in fact or in law (including defects related to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, errors or bugs, infringement of rights, etc.).
2. We shall not be liable for any damages incurred by users as a result of using this Application (including but not limited to loss of User Data, device failures, and other tangible and intangible damages), except in cases of our willful misconduct or gross negligence.
3. We do not guarantee the accuracy, currency, or usefulness of information about Oshi Subjects provided in this Application (event information, official website information, etc.). Since this information is obtained using AI technology and external services, it may contain errors or outdated information. Users shall always verify important information on official websites, etc.
4. We shall not be liable for any transactions, communications, disputes, etc., that occur between users and other users or third parties as a result of this Application.
5. We do not guarantee that this Application will operate normally on all devices or be available in all OS environments.
6. We are not involved in and shall not be liable in any way for users' acts of collecting and using information about Oshi Subjects through the use of this Application. Users shall collect and use information about Oshi Subjects in compliance with applicable laws and regulations and without infringing upon the rights of such Oshi Subjects.

Article 10 (Changes, Interruptions, and Termination of Service)

1. We may change the content of this Application or interrupt or terminate the provision of this Application without prior notice to users.
2. We may temporarily interrupt all or part of this Application without prior notice to users if any of the following events occur:
   • When maintenance, inspection, or updating of the computer system related to this Application is performed
   • When it becomes difficult to provide this Application due to force majeure such as earthquakes, lightning, fires, power outages, natural disasters, etc.
   • When computers or communication lines, etc., stop due to accidents
   • When it becomes difficult to provide this Application due to failures or suspension of provision of external services
   • When we determine that it is difficult to provide this Application for any other reason
3. We shall not be liable for any damages incurred by users as a result of measures taken by us under this Article.
4. When terminating the provision of this Application, we will endeavor to notify users in advance to the extent possible, but this shall not apply in cases of emergency.

Article 11 (Disclaimer of Warranties and Liability)

Article 12 (Changes to Terms of Service)

1. We may change these Terms without obtaining individual consent from users if the change is in the general interest of users, or if the change does not contradict the purpose of the contract with users and is reasonable in light of the necessity of the change, the reasonableness of the content after the change, the content of the change, and other circumstances related to the change.
2. When changing these Terms, we will notify users of the fact that these Terms will be changed, the content of the Terms after the change, and the effective date of such change by displaying such information in an appropriate location within this Application or by other appropriate means, a reasonable period before the effective date of the Terms after the change.
3. The Terms after the change shall become effective from the effective date.
4. Users shall be deemed to have agreed to the Terms after the change by continuing to use this Application after the Terms have been changed.

Article 13 (Handling of Personal Information)

We shall handle personal information acquired through the use of this Application appropriately in accordance with our "Privacy Policy."

Article 14 (Notices or Communications)

1. Notices or communications between users and us shall be made by the method specified by us.
2. Unless we receive a notice of change from the user in accordance with the format separately specified by us, we shall deem the currently registered contact information to be valid and send notices or communications to such contact information, and such notices or communications shall be deemed to have reached the user at the time of transmission.

Article 15 (Prohibition of Transfer of Rights and Obligations)

Users may not transfer their status under these Terms or any rights or obligations under these Terms to third parties or provide them as collateral without our prior written consent.

Article 16 (Governing Law and Jurisdiction)

1. These Terms shall be governed by the laws of Japan.
2. In the event of any dispute regarding this Application, the court having jurisdiction over our location shall have exclusive jurisdiction.

Article 17 (Severability)

If any provision of these Terms or any part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and the remaining portion of the provision determined to be invalid or unenforceable shall continue to be in full force and effect.