Terms of Service

Article 1. Application

1. These Terms set out the rights and obligations between the Company and Registered Users (as defined in Article 2) concerning the use of the Service (as defined in Article 2), and apply to every relationship between a Registered User and the Company concerning the use of the Service.
2. The rules and regulations concerning the Service that the Company posts in the App or on the Website from time to time form part of these Terms.
3. If these Terms differ from the rules and regulations referred to in the preceding paragraph, these Terms prevail.

Article 2. Definitions

The following terms used in these Terms have the meanings given below.

• “the App” means the smartphone application “Greenery” operated by the Company.
• “the Website” means the website operated by the Company (including https://greenery.club/ and, if its domain or content changes for any reason, the website as changed).
• “the Service” means the service named “Greenery” provided by the Company, with which users can manage, record, share and otherwise keep track of plants (including reminders for watering and the like and other incidental functions and, if the name or content of the service changes for any reason, the service as changed).
• “Paid Services” means those parts of the Service that are provided on condition of payment (including, but not limited to, the subscription provided under the name “Greenery Club”).
• “Posted Content” means all information that a Registered User posts or sends on the Service (including, but not limited to, image data, text, comments, and records of plants and their care).
• “Intellectual Property Rights” means copyrights, patent rights, utility model rights, trademark rights, design rights and other intellectual property rights (including the right to acquire those rights and the right to apply for their registration).
• “Registration Information” means the “Registration Information” defined in Article 3.
• “Registered User” means an individual or a corporation registered as a user of the Service under Article 3.
• “Service Agreement” means the agreement for the use of the Service under the provisions of these Terms that is formed between the Company and a Registered User under Article 3, Paragraph 3.
• “External Services” means the services designated by the Company that are provided by Google, Apple or other businesses and are used to authenticate Registered Users or otherwise to provide the Service.
• “External Service Providers” means the providers of External Services.
• “External Service Terms” means the terms that set out the rights and obligations between a Registered User and an External Service Provider.

Article 3. Registration

1. A person who wishes to use the Service (an “Applicant”) may apply to the Company to register for the use of the Service by agreeing to comply with these Terms and providing the Company with certain information specified by the Company (“Registration Information”) in the manner the Company specifies.
2. The Company decides whether to accept an Applicant’s registration according to its own criteria and, if it accepts the registration, notifies the Applicant, upon which the Applicant’s registration as a Registered User is complete.
3. Upon completion of the registration under the preceding paragraph, a Service Agreement under the provisions of these Terms is formed between the Registered User and the Company, and the Registered User may use the Service in the manner the Company specifies.
4. The Company may refuse the registration of a person who applied under Paragraph 1 if any of the following applies.
   1. Any or all of the Registration Information provided to the Company is false, mistaken or incomplete.
   2. The person is a minor, an adult under guardianship, a person under curatorship or a person under assistance and has not obtained the consent or other approval of their legal representative, guardian, curator or assistant.
   3. The Company determines that the person is an Antisocial Force (meaning an organized crime group, a member of an organized crime group, a right-wing organization, an antisocial force or any equivalent person; the same applies below), or has any dealings or involvement with Antisocial Forces, such as cooperating or being involved in their maintenance, operation or management through funding or otherwise.
   4. The person has previously had their registration canceled or been subject to similar measures for violating these Terms.
   5. The Company otherwise determines that the registration is not appropriate.
5. Notwithstanding Paragraphs 1 to 4, an Applicant may be able to use the Service by agreeing to comply with these Terms and completing the registration procedure specified by the Company with an ID or similar credential of an External Service. In that case, the Service Agreement under Paragraph 3 is formed between the Registered User and the Company when that registration procedure is complete.

Article 4. Account Management

1. Registered Users manage and keep their account for the Service and the information used to authenticate it at their own responsibility, and must not let any third party use it, or lend, transfer, change the holder of, sell or buy it.
2. Registered Users are responsible for any damage caused by insufficient management of their account or of the information used to authenticate it, errors in its use, its use by a third party or the like, and the Company is not liable for it except where it is caused by the Company’s willful misconduct or negligence.
3. If a Registered User finds that their account has been stolen or is being used by a third party, they must notify the Company immediately and follow the Company’s instructions.

Article 5. External Services

1. The Company may provide the Service in cooperation with External Services. Registered Users use External Services at their own responsibility, and the Company is not liable for any damage that a Registered User suffers in connection with the use of External Services, except where it is caused by the Company’s willful misconduct or negligence.
2. In using External Services, Registered Users comply with the External Service Terms.
3. Registered Users consent in advance to the Company obtaining and using the Registered User’s information registered with External Services (email address, display name and the like) to the extent necessary to provide the Service.
4. If a Registered User registers for the Service with an ID or similar credential of an External Service under Article 3, Paragraph 5, the registration and use of that ID or credential are governed by the terms of the External Service, and the Company is not responsible for their content.

Article 6. Storage of Information

1. Even where the Company has kept messages sent or received by Registered Users, Posted Content or other information for a certain period for operational purposes, the Company has no obligation to keep such information and may delete it at any time. Registered Users back up any information they need at their own responsibility.
2. The Company is not liable for any damage to Registered Users caused by measures the Company takes under this Article, except where it is caused by the Company’s willful misconduct or gross negligence.

Article 7. Posted Content

1. Registered Users represent and warrant that they have the lawful right to post their Posted Content and that their Posted Content does not infringe the rights of any third party.
2. Registered Users grant the Company, free of charge, the right to use their Posted Content (including reproducing, copying, modifying and sublicensing it to third parties, and other uses) to the extent necessary for providing, maintaining and improving the Service and for advertising and promoting the Company’s services. The license that Registered Users grant the Company under this paragraph includes the Company sublicensing the use of Posted Content to other Registered Users through the Service, by which Registered Users can view or edit, in the manner the Company specifies, the Posted Content that other Registered Users post on the Service.
3. The license in the preceding paragraph has no territorial limit, no obligation to display copyright notices and no other accompanying conditions, and continues for as long as the Intellectual Property Rights in the Posted Content subsist.
4. The Company, or a third party commissioned by the Company, may use and publish Posted Content on websites of the Company or of third parties. In doing so, it may modify Posted Content by summarizing, excerpting, resizing, cropping or the like. Registered Users also accept in advance that, when the Company uses Posted Content, it may display the user name and other registered details the Registered User had when posting or sending it.
5. Under these Terms, the Company does not license the use of Posted Content to other Registered Users or other third parties apart from the Registered User themselves, and Registered Users must not infringe the rights in the Posted Content of other Registered Users and others. Registered Users also must not automatically collect or analyze Posted Content by crawling or similar means.
6. The Company is not liable for any damage to Registered Users caused by the Company, Registered Users or other third parties using Posted Content in accordance with these Terms, except where it is caused by the Company’s willful misconduct or negligence.

Article 8. Use of the Service

1. Registered Users may use the Service, in the manner the Company specifies, only while they are validly registered as Registered Users, within the purpose of these Terms and to the extent that the use does not violate these Terms.
2. Registered Users prepare and maintain, at their own cost and responsibility, the smartphones and other devices, software, communication lines and other communication environment needed to receive the Service.

Article 9. Paid Services

1. Registered Users may use Paid Services by applying in the manner the Company specifies. Besides what these Terms provide, the content, fees, payment methods and other conditions of Paid Services are shown in the App or on the Website.
2. The fees for Paid Services are settled in the manner specified by the App Store operated by Apple Inc. or Google Play operated by Google LLC (together, “the Stores”), and matters concerning payment are governed by the terms of each Store. The Company does not obtain credit card numbers or other payment information.
3. A subscription (recurring purchase) Paid Service renews automatically on the same conditions, and the fee for the renewed period becomes payable, unless the Registered User cancels it before the end of the period in the manner specified by each Store (such as the subscription management screen of the operating system). Registered Users cancel subscriptions themselves; deleting an account in the App does not by itself cancel a subscription.
4. Even if a subscription is canceled partway through a period, fees already paid are not refunded and are not prorated for the remaining period. This does not apply where a refund is required by law or is made under the rules of a Store.
5. The Company may offer a free trial period for Paid Services. If the cancellation under Paragraph 3 is not made during the free trial period, the use automatically becomes paid when the free trial period ends, and fees become payable.
6. The Company may change the content and fees of Paid Services. In that case, the Company notifies Registered Users in advance in accordance with Article 21 (Changes to These Terms).

Article 10. Advertising

1. The Company may place advertisements of the Company or of third parties on the Service at its discretion, and Registered Users consent to this in advance.
2. The advertisements in the preceding paragraph and other displays on the Service may include links to websites or applications operated by third parties (“Linked Sites”). Linked Sites are not under the Company’s control, and the Company makes no warranty about their content or about the quality, price, availability or terms of trade of their goods or services.
3. Registered Users handle and resolve, at their own responsibility, any transaction, communication or dispute between them and the operator of a Linked Site or another third party, and the Company is not liable for it except where there is a cause attributable to the Company.
4. The Company may receive referral fees or other consideration from the operator of a Linked Site or another third party in connection with purchases or the like by Registered Users on that Linked Site.

Article 11. Prohibited Conduct

1. In using the Service, Registered Users must not engage in any of the following.
   1. Conduct that infringes the Intellectual Property Rights, portrait rights, right to privacy, reputation or other rights or interests of the Company, other users of the Service, External Service Providers or other third parties (including conduct that directly or indirectly causes such infringement)
   2. Conduct related to criminal acts, or conduct contrary to public order and morals
   3. Sending information relating to dating or romantic relationships
   4. Sending information that is untrue or may be untrue, and registering for the Service with untrue information
   5. Conduct that causes mental or financial harm to other Registered Users
   6. Collecting or using the personal information of other Registered Users, or trying to obtain it from them
   7. Sending personal information without the consent of the person concerned
   8. Sending information that contains, or suggests, adult images or videos
   9. Sending expressions or content related to adult sites or dating sites, or links to such sites
   10. Impersonating, or misrepresenting one’s identity as, the Company, other users of the Service, or other persons or organizations related to the Service, or conduct that may do so
   11. Conduct that damages the credibility of the Service or is contrary to its purpose, or conduct that may do so
   12. Commercial activities using the Service, or preparation for them
   13. Sending, through the Service, data exceeding a certain volume specified by the Company
   14. Posting or sending content that intentionally leads others to mistake goods or services as being better than they are, such as posing as an ordinary customer to promote them (so-called “sakura”)
   15. Posting or sending defamatory content intended to lower trust in competing goods or services
   16. Using the Service while pretending to be someone else
   17. Sending information that contains computer viruses or other harmful computer programs
   18. Decompiling, disassembling, reverse engineering or otherwise analyzing the Service or the App
   19. Unauthorized access, or attempted unauthorized access, to the Company’s servers or other systems
   20. Conduct that may interfere with the Company’s operation of the Service
   21. Any other conduct that the Company deems inappropriate
2. If the Company determines that a Registered User’s sending of Posted Content or other information on the Service falls, or may fall, under any item of the preceding paragraph, the Company may delete all or part of that Posted Content or other information without prior notice to the Registered User. The Company is not liable for any damage to Registered Users caused by measures the Company takes under this paragraph, except where it is caused by the Company’s willful misconduct or gross negligence.

Article 12. Suspension of the Service

1. The Company may suspend or interrupt all or part of the use of the Service without prior notice to Registered Users in any of the following cases.
   1. When inspecting or maintaining the computer systems of the Service, periodically or urgently
   2. When computers, communication lines or the like stop because of an accident
   3. When the Service cannot be operated because of force majeure, such as fire, power outage or natural disaster
   4. When an External Service has trouble, interrupts or stops providing its service, stops working with the Service, changes its specifications, or the like
   5. Whenever else the Company determines that suspension or interruption is necessary
2. The Company may end the provision of the Service for its own reasons. In that case, the Company notifies Registered Users reasonably in advance.
3. The Company is not liable for any damage to Registered Users caused by measures the Company takes under this Article, except where it is caused by the Company’s willful misconduct or gross negligence.

Article 13. Precautions for Downloads

When a Registered User installs software or the like on their smartphone or other device, by downloading it from the App or otherwise, at the start of or during their use of the Service, the Registered User takes sufficient care that no information they hold is lost or altered and that the device is not broken or damaged. The Company is not liable for any such damage to Registered Users, except where it is caused by the Company’s willful misconduct or negligence.

Article 14. Ownership of Rights

All ownership and Intellectual Property Rights in the App, the Website and the Service belong to the Company or to those who license them to the Company. The permission to use the Service based on registration under these Terms does not mean a license of any Intellectual Property Rights of the Company, or of those who license them to the Company, in the App, the Website or the Service.

Article 15. Cancellation of Registration

1. If a Registered User falls under any of the following, the Company may, without prior notice or demand, temporarily suspend that Registered User’s use of the Service or cancel their registration as a Registered User. In addition, the Company may delete all or part of that Registered User’s Posted Content.
   1. The Registered User violates any provision of these Terms.
   2. The Registration Information is found to contain false facts.
   3. Any item of Article 3, Paragraph 4 applies to the Registered User.
   4. The Company otherwise determines that continuing the registration as a Registered User is not appropriate.
2. If any item of the preceding paragraph applies, the Registered User automatically loses the benefit of time for all debts owed to the Company and must immediately pay all of them to the Company.
3. The Company is not liable for any damage to Registered Users caused by acts the Company performs under this Article, except where it is caused by the Company’s willful misconduct or gross negligence.
4. Registered Users may cancel their own registration as a Registered User (close their account) at any time in the manner the Company specifies (including the account deletion function in the App).
5. Even after an account is closed under the preceding paragraph or a registration is canceled under Paragraph 1, a subscription purchased through a Store is not canceled automatically. The Registered User must cancel it themselves in the manner set out in Article 9, Paragraph 3.
6. Registered Users accept in advance that their registration may be deleted if they have not used the Service for 12 months or more, or if they have not responded for 30 days or more to an inquiry or other communication from the Company that asks for a reply.

Article 16. Confidentiality

1. In these Terms, “Confidential Information” means all information on the Company’s technology, sales, business, finances, organization and other matters that a Registered User is provided with or disclosed by the Company in writing, orally, on recording media or otherwise, or learns, in connection with the Service Agreement or the Service. However, the following are excluded from Confidential Information: (1) information that was already publicly known, or already known to the Registered User, when provided or disclosed by or learned from the Company; (2) information that becomes publicly known through publications or otherwise, for reasons not attributable to the Registered User, after being provided or disclosed by or learned from the Company; (3) information lawfully obtained from a third party with the authority to provide or disclose it, without any obligation of confidentiality; (4) information developed independently without relying on Confidential Information; and (5) information that the Company confirms in writing does not need to be kept confidential.
2. Registered Users use Confidential Information only for the purpose of using the Service, and do not provide, disclose or leak the Company’s Confidential Information to any third party without the Company’s written consent.
3. Notwithstanding Paragraph 2, Registered Users may disclose Confidential Information based on an order, demand or request of a law, a court or a government agency. In that case, they must promptly notify the Company of the order, demand or request.
4. Whenever the Company requests it, Registered Users must, without delay and following the Company’s instructions, return or destroy the Confidential Information, any documents or other recording media containing or including it, and all copies of them.

Article 17. Handling of Personal Information

1. The Company’s handling of Registered Users’ Registration Information and other personal information and information is governed by the separate Privacy Policy, and Registered Users agree to the Company handling their Registration Information and other personal information and information in accordance with it.
2. The Company may, at its discretion, use and publish any information, data or the like that Registered Users provide to the Company as statistical information in a form that does not identify individuals, and Registered Users do not object to this.

Article 18. Disclaimer of Warranties and Limitation of Liability

1. The Company makes no warranty that the Service fits any particular purpose of a Registered User; that it has the functions, commercial value, accuracy or usefulness a Registered User expects; that a Registered User’s use of the Service complies with the laws and regulations or the internal rules of industry organizations that apply to the Registered User; or that no defects will occur.
2. Except where it is caused by the Company’s willful misconduct or gross negligence, the Company is not liable, among the damage caused to Registered Users by the Company’s default or tort, for damage arising from special circumstances (including where the Company or the Registered User foresaw, or could have foreseen, that the damage would occur). In addition, except where it is caused by the Company’s willful misconduct or gross negligence, compensation for damage caused to a Registered User by the Company’s default or tort is limited to the total fees for Paid Services that the Registered User paid the Company in the 12 months before the month in which the damage occurred.
3. The provisions of these Terms that exempt or limit the Company’s liability for damages do not apply where the Company’s default or tort is caused by the Company’s willful misconduct or gross negligence. In addition, where the agreement between the Company and a Registered User concerning the Service is a consumer contract under the Consumer Contract Act of Japan, those provisions are effective only to the extent that they are not invalidated by that Act.
4. Registered Users handle and resolve, at their own responsibility, any transaction, communication, dispute or the like that arises between them and other Registered Users, External Service Providers or other third parties in connection with the Service or the App, and the Company is not liable for such matters except where there is a cause attributable to the Company.
5. Even where the App or the Website links to other websites, or other websites link to the App or the Website, the Company is not responsible for websites other than the App and the Website, or for the information obtained from them, except where there is a cause attributable to the Company.

Article 19. Disputes and Damages

1. If a Registered User causes damage to the Company by violating these Terms or in connection with the use of the Service, the Registered User must compensate the Company for that damage.
2. The Company’s liability for damage suffered by Registered Users in connection with the Service is governed by the preceding Article.

Article 20. Term

While the Service is provided, the Service Agreement remains in force between the Company and a Registered User from the date on which the Registered User’s registration under Article 3 is complete until the date on which that registration is canceled.

Article 21. Changes to These Terms

1. The Company may change the content of the Service or add to what the Service provides.
2. These Terms constitute standard terms of contract (teikei yakkan) under Article 548-2, Paragraph 1 of the Civil Code of Japan. In any of the following cases, the Company may change these Terms (including the rules and regulations concerning the Service posted in the App or on the Website; the same applies in this Article) without the individual consent of Registered Users, under Article 548-4 of the Civil Code.
   1. When the change conforms to the general interest of Registered Users
   2. When the change does not go against the purpose for which the Service Agreement was made and is reasonable in light of the need for the change, the appropriateness of the changed content, the content of the change and other circumstances concerning the change
3. When changing these Terms under the preceding paragraph, the Company informs Registered Users, a reasonable period before the change takes effect, that these Terms will change, of the content of the changed Terms and of the date on which the change takes effect, by displaying it in the App, posting it on the Website or by another method the Company specifies. The changed Terms apply from the date on which the change takes effect.

Article 22. Communications and Notices

1. The Company communicates with or notifies Registered Users about the Service by displaying it in the App, posting it on the Website, push notifications, emails to the email address registered as Registration Information, or other methods the Company specifies.
2. Registered Users contact or make inquiries to the Company through the inquiry form designated by the Company or other methods the Company specifies.

Article 23. Assignment of These Terms

1. Registered Users may not assign, transfer, pledge as security or otherwise dispose of their position under the Service Agreement or their rights or obligations under these Terms to any third party without the Company’s prior written consent.
2. If the Company transfers the business of the Service to another company, the Company may, along with that business transfer, transfer its position under the Service Agreement, its rights and obligations under these Terms, and Registered Users’ Registration Information and other customer information to the transferee, and Registered Users consent to such transfer in advance by this paragraph. A business transfer under this paragraph includes not only an ordinary business transfer but also a company split and any other case in which the business is transferred.

Article 24. Severability

Even if any provision of these Terms, or any part of one, is held invalid or unenforceable under the Consumer Contract Act of Japan or other laws and regulations, the remaining provisions of these Terms and the remainder of any provision held partly invalid or unenforceable continue in full force, and the Company and Registered Users endeavor to amend the invalid or unenforceable provision or part to the extent necessary to make it lawful and enforceable, and to secure the purpose of that provision or part and effects legally and economically equivalent to it.

Article 25. Survival

Article 4, Paragraph 2; Article 5, Paragraphs 1 and 4; Article 6; Article 7; Article 9, Paragraph 4; Article 11, Paragraph 2; Article 12, Paragraph 3; Article 13; Article 14; Article 15, Paragraphs 2, 3 and 5; Articles 16 through 19; and Articles 23 through 27 remain in force after the Service Agreement ends.

Article 26. Governing Law and Jurisdiction

These Terms are governed by the laws of Japan, and the Tokyo District Court has exclusive jurisdiction as the court of first instance over all disputes arising from or relating to these Terms.

Article 27. Resolution by Consultation

On any matter not provided for in these Terms, or if any doubt arises about the interpretation of these Terms, the Company and Registered Users consult each other in good faith and seek to resolve it promptly.