FLARE / LEGAL / TERMS

Terms of Service

LAST UPDATED

EFFECTIVE DATE

Article 1 Application

These Terms of Service (hereinafter referred to as the “Terms”) set forth the conditions for using “Flare” (hereinafter referred to as the “Service”), a service provided by Siremo Inc. (hereinafter referred to as the “Company”), and apply to all persons who use the Service (hereinafter referred to as “Users”).

Article 2 Definitions

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

  1. “Roll” means a unit in which photos are shared and that has participating members and an unlock time.
  2. “Unlock” means the point at which the photos contained in a Roll become viewable by its members.
  3. “Member” means a User who created a Roll or joined that Roll through an invitation.
  4. “User Content” means photos, Roll names, display names, and other information that a User captures, transmits, or registers through the Service.

Article 3 Consent to These Terms

  1. Users must agree to these Terms to use the Service.
  2. A User is deemed to have agreed to these Terms when the User creates a new Flare account or logs in to the Service with an existing Flare account.

Article 4 Eligibility

  1. A person who creates a new Flare account on or after the effective date of these Terms must undergo the age check prescribed by the Company at registration and must be at least 13 years old.
  2. The Company verifies age using the person's birth year and birth month. Because the Company does not collect the day of birth, a person may register beginning on the first day of the month following the month in which the person turns 13.
  3. The preceding two paragraphs do not apply retroactively to Flare accounts created before the effective date of these Terms. The Company will not require an existing User to re-enter their birth year and month or undergo another age check solely because this age restriction has been introduced.
  4. A minor must obtain the consent of their legal representative before using the Service and, by using the Service, represents that they have obtained such consent.
  5. When a User uses the Service on behalf of a business, that business is also deemed to have agreed to these Terms.

Article 5 Accounts

  1. Users must create an account to use the Service.
  2. Accounts are personal to each User and may not be assigned, lent, or shared with a third party.
  3. Users may delete their accounts at any time from the account screen in the Service. Deleted accounts cannot be restored.
  4. The handling of photos after account deletion is governed by Article 9, Paragraph 4.

Article 6 Characteristics of the Service

The Service does not display a preview when a photo is taken. It stores captured photos in an unviewable state until a specified time (hereinafter referred to as the “Unlock Time”) and then makes them available simultaneously to the members of the Roll after the Unlock Time. Users shall use the Service with an understanding of the following:

  1. Captured photos cannot be viewed by anyone, including the User who took them, until the Unlock Time.
  2. Captured photos cannot be individually withdrawn, deleted, or retaken.
  3. After the Unlock Time, every member of the same Roll can view all photos in that Roll.

Article 7 Restrictions on Use and Exclusion of Anti-Social Forces

The Company may require a User to provide their birth year and month or other information to the extent necessary to verify eligibility. The Company may refuse to create an account, suspend use of the Service, or terminate an account if the eligibility requirements are not met, registration information is false, or an attempt is made to circumvent the age restriction. The same applies to organized crime groups or other anti-social forces and persons affiliated with them.

Article 8 Prohibited Conduct

Users must not engage in any of the following conduct when using the Service:

  1. Conduct that violates applicable laws or public order and morals
  2. Conduct that infringes the rights or interests of another person
  3. Defamation of or discrimination against another person
  4. Capturing or sharing obscene or otherwise inappropriate content
  5. Child sexual abuse or exploitation, grooming a child for sexual purposes, sextortion, trafficking for sexual exploitation, or any other conduct that sexually abuses, exploits, or endangers a child
  6. Capturing, creating, uploading, storing, transmitting, sharing, distributing, or soliciting child sexual abuse material, or facilitating any such conduct
  7. Capturing or sharing a photo of a person without that person’s consent
  8. Interfering with the operation of the Service
  9. Reverse engineering or other analysis of the Service
  10. Attempting or assisting any conduct listed above or evading measures taken by the Company
  11. Other conduct that the Company deems inappropriate

Article 9 Rights in and Handling of User Content

  1. Copyright and other rights in User Content belong to the User or the applicable lawful rights holder.
  2. Users grant the Company the right to use User Content to the extent necessary to provide the Service, including storing and reproducing it and displaying it to members of a Roll.
  3. The Company does not use User Content for advertising or other promotional purposes or for machine learning.
  4. Even if a User deletes their account, photos shared with a Roll before account deletion will remain in that Roll without the photographer’s display name or icon because those photos also form part of the record shared by the Roll’s members.

Article 10 Removal of Content and Suspension of Use

  1. If the Company determines that User Content or a User's conduct violates Article 8, the Company may, without prior notice, disable access to, isolate, or remove that content; restrict access to the relevant Roll or features; or suspend the User's use of the Service or terminate the User's account.
  2. If the Company suspects a violation involving child sexual abuse or exploitation, it may review relevant User Content and other information, preserve evidence, and report or provide information to law enforcement or other appropriate authorities to the extent necessary to protect children, establish the facts, or comply with applicable law.

Article 11 Paid Services

The Company may offer paid features within the Service. The details, prices, payment methods, and cancellation terms for paid features are governed by the individual terms displayed within the Service or on the Company’s website.

Article 12 Suspension or Modification of the Service; Disclaimer of Warranties; Limitation of Liability

  1. The Company may modify the Service or suspend its provision.
  2. The Company does not warrant that the Service will be provided without interruption or that User Content will not be lost.
  3. The Company is not liable for damages incurred by Users in connection with use of the Service, except where such damages result from the Company’s willful misconduct or gross negligence.
  4. If the Company may not disclaim liability under the Consumer Contract Act or other applicable laws, the Company is liable only for damages that would ordinarily arise.

Article 13 Third-Party Services

The Service uses services provided by third parties for authentication, data storage, and delivery of notifications. Further details are set forth in the Privacy Policy.

Article 14 Notices and Communications

  1. The Company provides notices to Users through notices within the Service, the Company’s website, email, or any other method the Company deems appropriate.
  2. Users must contact the Company through the inquiry form prescribed by the Company or another method designated by the Company.

Article 15 Amendments to These Terms

  1. The Company may amend these Terms when (i) the amendment is consistent with the general interests of Users or (ii) the amendment is reasonable in light of the necessity and appropriateness of the amendment and other relevant circumstances.
  2. When amending these Terms, the Company will provide advance notice of the amended Terms and their effective date. The amended Terms will apply from that effective date.

Article 16 Individual Terms

The Company may establish individual terms for specific features, such as subscriptions and other paid features or content guidelines. Unless otherwise specified, the individual terms take precedence over these Terms with respect to the applicable feature.

Article 17 Governing Law and Jurisdiction

These Terms are governed by the laws of Japan. Any dispute arising out of or in connection with the Service is subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.