Terms of Service

Article 1 (About These Terms)

  1. These Petalica Paint Terms of Use (hereinafter referred to as these “Terms”) stipulate the terms and conditions concerning the use of the Services (defined in Article 2). The user of the Services (hereinafter referred to as “User”) shall comply with the provisions of these Terms in using the Services.
  2. These Terms and Individual Terms of Use (defined in Article 2; these Terms and Individual Terms of Use shall be hereinafter collectively referred to as these “Terms and Individual Terms”) shall apply to all Users.
  3. User may use the Services only when he/she consents to these Terms and Individual Terms; provided, however, when User uses the Services or completes the user registration required for the use of the Services, if any, User shall be deemed to have effectively made such consent.
  4. If User is a minor, he/she may use the Services only when he/she obtains the consent of his/her statutory agent or guardian, including a person with parental authority (including consent by such person to these Terms and Individual Terms). Provided, however, when User who is a minor uses the Services or completes the user registration required for the use of the Services, it is deemed that his/her statutory agent or guardian including a person with parental authority has effectively made the said consent. If User who was a minor at the time the said consent was made uses the Services after he/she has attained the age of majority, it is deemed that such User has ratified that the use of the Services during the period he/she was a minor upon consent to these Terms and Individual Terms.
  5. Upon consent in either of the preceding two paragraphs, these Terms and Individual Terms shall constitute a contract between Preferred Networks, Inc., (hereinafter referred to as “Licensor”) and User.

Article 2 (Definitions)

  1. For purposes of these Terms, the following terms shall respectively have the following meanings unless otherwise stipulated:
    1. “Individual Terms of Use” shall mean the terms related to the Services that the Licensor sets under the name of “Terms” or “Policy” in addition to these Terms (including the Privacy Policy).
    2. “Intellectual Property Rights” shall mean the following rights collectively:
      1. Copyrights (including the rights provided for in Articles 27 and 28 of the Copyright Act, and the moral rights of an author), patent rights, utility model rights, design rights, and trademark rights.
      2. Right to grant of patents, right to grant of utility model registration, right to grant of design registration, and rights arising out of trademark registration application.
      3. Rights equivalent to the rights stipulated in the above i) or ii) in foreign countries.
      4. Right to manage as confidential and use technical information that has intellectual property value and can be made anonymous.
    3. “Services” shall mean any Web services or any products, content, and services provided on the application Petalica Paint that are developed by Licensor and provided to User.
    4. The “content” shall include any language, image, video, and other information.
    5. “Content” shall mean any content accessible via the Services.
    6. “Posted Content” shall mean any content that User has posted, transmitted or uploaded to, or acquired through the Services.

Article 3 (Scope of Provision and Use of the Services)

  1. Licensor shall provide the Services to User who satisfies the conditions that Licensor deems necessary (including, but not limited to, User’s consent to these Terms and Individual Terms and User’s registration designated by Licensor, if any).
  2. The Services may be used only by User him/herself, and User may not let any third party use the Services or assign or rent the whole or part of his/her rights or obligations under these Terms and Individual Terms without Licensor’s prior written approval.
  3. Licensor shall appropriately handle User’s personal information obtained in providing the Services in accordance with the Privacy Policy separately stipulated by Licensor, and the User shall consent thereto. Article 1 shall apply mutatis mutandis to the said consent.

Article 4 (Use of the Services)

  1. User may use the Services for commercial and noncommercial use as long as he/she consents to these Terms and Individual Terms and complies therewith.
  2. Licensor may, at its discretion, change the whole or part of any matters (including specifications, design, and any other matters) in the Services without any prior notice to User, and Licensor shall not be liable for any damages incurred by User because of such change.
  3. Licensor may, at its discretion, change matters disadvantageous to User or discontinue the provision of the whole or part of the Services without any prior notice to User, and Licensor shall not be liable for any damages incurred by User from such change or discontinuation.
  4. Licensor may post any advertisement of Licensor or any third party on the Services, and User shall consent to such posting of advertisements (including posting of advertisements related to the display of information obtained from the use of the Services or the Posted Content).

Article 5 (Provision of Alliance Partner’s Services)

  1. User shall consent that the Services may include any services or content, if any, provided by any other business entities partnered with Licensor.
  2. User shall consent that any liability for any service or content provided by other business entity is borne by such other business entity that provides the same and that such service or content may be subject to any terms of use or other terms and conditions stipulated by such other business entity that provides the same.

Article 6 (Ownership of Rights)

  1. Any Intellectual Property Rights and other rights related to the Content and other matters provided by Licensor to User under the Services or otherwise under these Terms and Individual Terms shall belong to Licensor. No rights other than the rights specifically stipulated in these Terms and Individual Terms shall be granted to User under these Terms and Individual Terms.
  2. Any Intellectual Property Rights and other rights related to the Posted Content shall belong to User who posted the same to the Services or acquired the same via the Services, except where the said Intellectual Property Rights belong to a third party.
  3. User consents to grant Licensor the royalty-free, perpetual, nonexclusive right to use the Posted Content for provision, advertisement, and improvement (including, but not limited to, debugging, enhancement, upgrading, and incremental development) of the Services and Content domestically and internationally (including the right to alter within the scope the Company deems necessary and appropriate), and represents and warrants that he/she has the authority to grant such right. The grant of the rights under this paragraph does not include the right to assign the Posted Content to any third party but includes the right to publish and let any third party publish the Posted Content and the right to extract the features of the Posted Content.
  4. Licensor may, at its discretion, verify the details of the Posted Content when it requires to verify the compliance status with laws and orders or these Terms and Individual Terms or when it is necessary for the exercise of its rights and the performance of its obligations under these Terms and Individual Terms.

Article 7 (Prohibited Conduct)

  1. User may not and not let any third party:
    1.   Infringe any Intellectual Property Rights or interests of Licensor or any third party by using any features provided in the Services.
    2.   Use the Services for any purposes or in manners different from those proposed for the Services.
    3.   Disrupt servers and/or network systems of the Services, such as by transmitting to a server managed by Licensor, within a certain time frame, request messages that are more than those reasonably capable for a human being to create within a similar time frame using a standard web browser.
    4.   Make any unreasonable request to the Licensor or other conducts that disrupt provision of the Services by Licensor.
    5.   Violate any laws and orders, any judgments, decisions, or orders of a court or any administrative measures having binding effect under any laws and orders.
    6.   Use the Services by using any excessively violent expression; expression that falls under child pornography; sexually explicit expression; expression that leads to discrimination on the basis of race, nationality, creed, gender, social status, family origin, or otherwise; expression that forces or overemphasizes specific thought or creed on third parties; or other antisocial expressions that cause discomfort to others (including any use of Posted Content acquired by using any features provided in the Services in combination with the above expressions).
    7.   Commit any act that may damage public policies or good morals.
    8.   Commit any unauthorized access, assignment, or lending of user registration, use of any third party’s user registration, or any other act similar thereto.
    9.   Reproduce the whole or part of the Services.
    10. Alter or adapt the whole or part of the Services.
    11. Trace, debug, disassemble, decompile, or otherwise revers-engineer to analyze the structure, features, processing mechanism, or other matters of the Services or to acquire the source code thereof (including creation or generation of any tools or models similar to the Services through distillation conducted by using the Services).
    12. Incorporate the whole or part of the Services into other software or incorporate the whole or part of other software into the Services without the prior written approval of Licensor.
    13. Delete or alter any Intellectual Property Right notices displayed on the Services.
    14. Commit any act that may promote any of the above.
    15. Commit any other act that Licensor determines inappropriate.

Article 8 (Inspection)

  1. Licensor may by itself or have a third party to whom it entrusted, inspect, or audit the status of use of the Services by User.
  2. If it is found from the inspection or audit under the preceding paragraph that User is in breach of these Terms and Individual Terms, Licensor may stop or discontinue the provision of the Services to User, delete User’s registered information or account, if any, limit the use by User of content generated by using the features provided on the Services, and take any other actions required to correct such breach.
  3. Licensor shall bear the expenses for inspection or audit under Paragraph 1 and corrective measures under Paragraph 2; provided, however, if it is found that User is in breach of these Terms and Individual Terms, User shall bear the said expenses.

Article 9 (User’s Liabilities)

  1. If User fails to perform any of his/her obligations under these Terms and Individual Terms, he/she shall be liable for any damages (including indirect damages) incurred by Licensor due to such failure.

Article 10 (No Warranty)

  1. Licensor does not warrant that the Services will operate on a specific terminal used or operating environment.
  2. Licensor does not make any warranty for accuracy, completeness, usability, or fitness for a particular purpose of results, or any other warranty related to the Services, use of the Services, or data produced or generated from the Services (including content generated using any features provided in the Services), except as otherwise set forth in these Terms and Individual Terms.

Article 11 (No Warranty Related to Intellectual Property)

  1. Licensor does not warrant that the Services or any content generated using any features provided in the Services do not infringe any Intellectual Property Rights of any third party nor shall be liable for any claim (including warning or filing of an action) of infringement of Intellectual Property Rights against User from any third party in relation to the Services, use of the Services, or data produced or generated from the Services (including content generated using any features provided in the Services).

Article 12 (Disclaimer)

  1. The Services shall be provided on an as is basis, and Licensor shall have no liability whatsoever (including indemnification and compensation liabilities for loss of profit, for damages to credit, for damages and loss due to change, loss and damage of data, and for defect warranty) regardless of causes (including, for avoidance of doubt, temporary suspension of the Services due to any defect of a server). For avoidance of doubt, Licensor shall have no obligation to store, save, or back up any data related to the Services for User.
  2. Licensor shall have no obligation to provide any support or maintenance in relation to the use of the Services by User. Provided, however, Licensor may provide support and/or maintenance to User at its discretion and in its judgement.
  3. Even if Licensor becomes liable for any damages to User under laws and orders or determination of a court or other public authorities, the total amount of damages that User may claim to Licensor shall be limited to the amount of user fees that User have paid over previous twelve (12) months.

Article 13 (Confidentiality)

  1. User shall manage any confidential information disclosed by Licensor in confidence with the duty of care and diligence of a good manager and shall not disclose nor divulge the same to any third party.
  2. Notwithstanding the provisions in the preceding paragraph, the following information shall not fall under the category of confidential information:
    1. Information that is already publicly available at the time of disclosure to User.
    2. Information that becomes publicly available through no fault of User after disclosure to User.
    3. Information that is already rightfully held by User at the time of disclosure to User.
    4. Information that is lawfully received by User without obligation of confidentiality from a third party having due authority after disclosure to User.
  3. User may not use nor reproduce the confidential information for any purpose other than the purposes of these Terms and Individual Terms.
  4. The obligations under this article shall continue to be in force for three (3) years from the final use of the Services by User.

Article 14 (Termination)

  1. If User breaches any of the provisions of these Terms and Individual Terms and does not cure such breach within fourteen (14) days from the day of written notice of such breach to User, Licensor may terminate these Terms and Individual Terms and discontinue the provision of the Services to User.
  2. Licensor may immediately terminate these Terms and Individual Terms and discontinue the provision of the Services to User upon written notice to User if User:
    1. Commits material breach of these Terms and Individual Terms
    2. Becomes subject to attachment, provisional attachment, provisional disposition, disposition of tax delinquency, or other disposition by public authorities or petition for commencement of bankruptcy procedures, civil rehabilitation procedures, corporate reorganization procedures, or special liquidation
    3. Becomes subject to suspension of transaction with banks, insolvency, or suspension of payment
    4. Dissolves itself or assigns the whole of its business or adopts the resolution thereof
  3. In the event of termination under the preceding paragraph, Licensor may claim for damages to User, and any and all payment obligations of User to Licensor shall be automatically accelerated to become immediately due and payable.

Article 15 (Survival Provisions)

  1. Article 5 (Provision of Alliance Partner’s Services), Article 6 (Ownership of Rights), Article 7 (Prohibited Conduct), Article 12 (Disclaimer), Article 13 (Confidentiality), Article 14 (Termination), Article 15 (Survival Provisions), Article 16 (Consequence of Termination of Terms), Article 17 (Elimination of Antisocial Organizations), Article 20 (No Assignment of Contractual Status), Article 22 (Precedence Relationship with Other License Terms and Conditions), Article 23 (Governing Law), Article 24 (Settlement of Disputes), and Article 25 (Language) shall survive the termination of the use of the Services by User or these Terms and Individual Terms for any cause.

Article 16 (Consequence of Termination of Terms)

  1. If the provision of the Services by Licensor or these Terms and Individual Terms is terminated (for whatever cause of termination), User shall discontinue the use of the Services.

Article 17 (Elimination of Antisocial Forces)

  1. User represents and warrants that he/she is not an antisocial force (meaning an organized crime group defined in Item 2 of Article 2 of the Act on Prevention of Unjust Acts by Organized Crime Group Members [Act No. 77 of 1991], as amended, a member of an organized crime group defined in Item 6 of Article 2 of the said Act, an associated member of an organized crime group, a company affiliated to any organized crime groups, a corporate racketeer, a group engaging in criminal activities under the pretext of conducting social campaign, a crime group specialized in intellectual crimes, or other groups or persons that pursue economic interests using violence, force, or fraudulent means; the same shall apply hereinafter), nor has ever been an antisocial force, nor will exploit any antisocial force, nor will damage Licensor’s honor or credit, obstruct Licensor’s business or make unreasonable demands claiming to be an antisocial force, nor will have any relationship with an antisocial force.
  2. If User breaches the representation and warranty under the preceding paragraph, Licensor may immediately terminate these Terms and Individual Terms and discontinue the provision of the Services to User without any notice.
  3. Licensor shall not be liable for any damages incurred by User due to the termination of these Terms and Individual Terms under the preceding paragraph but may claim User for any damages incurred by it due to the said termination.

Article 18 (Force Majeure)

  1. Neither party shall be liable for delay in, failure of, or partial performance of its obligation under these Terms and Individual Terms due to any acts of God, war, civil war, riots, amendment, repeal or enactment of laws and orders, strikes, transportation or communication accidents, or any other causes not attributable to itself.

Article 19 (Entire Agreement)

  1. These Terms and Individual Terms constitute the entire agreement between Licensor and User with respect to the provision and use of the Services, and supersedes any matters stated in documents and electronic mails submitted by Licensor to User and oral agreements made between the parties prior to execution of these Terms and Individual Terms regarding the provision and use of the Services.

Article 20 (No Assignment of Contractual Status)

  1. User shall not assign to any third party or make any third party succeed his/her contractual status under these Terms and Individual Terms nor shall assign to any third party, make any third party succeed, or pledge the whole or part of his/her right or obligation under these Terms and Individual Terms, without Licensor’s prior written approval.

Article 21 (Amendment)

  1. Licensor may amend any terms and conditions of these Terms and Individual Terms upon prior notice on the website prescribed by Licensor or any other method of notice to User that Licensor deems appropriate. User shall, in using the Services, confirm the latest version of these Terms from time to time.
  2. User shall, if it disagrees with the amendment in the preceding paragraph, report such disagreement to Licensor in writing before the effective date of such amendment of the terms and conditions of these Terms and Individual Terms and immediately discontinue the use of the Services. Article 1 shall be applied mutatis mutandis to any amendment of these Terms and Individual Terms.

Article 22 (Precedence Relationship with Other License Terms and Conditions)

  1. Where any open-source software or library provided by third parties (hereinafter referred to as “OSS”) is used in a part of the Services, if any, the license terms for such OSS shall be applied to such part of the Services in preference to these Terms and Individual Terms.

Article 23 (Governing Law)

  1. These Terms and Individual Terms shall be construed and applied in accordance with the laws of Japan.

Article 24 (Settlement of Disputes)

  1. Any matters not provided for in these Terms and Individual Terms or any doubt over interpretation of any provisions of these Terms and Individual Terms shall be settled upon mutual good faith consultation between Licensor and User in adherence with the spirit of these Terms and Individual Terms.
  2. Licensor and User agree to submit any and all disputes arising out of or in relation to these Terms and Individual Terms to the exclusive jurisdiction of the Tokyo District Court in the first instance.

Article 25 (Language)

  1. This English version of Terms is an English translation of the Japanese version. If there is a conflict between them, the Japanese version will take precedence.

Established: March 8, 2017

Amended: November 15, 2019

Amended: September 30, 2022

Licensor: Otemachi Bldg., 1-6-1 Otemachi, Chiyoda-ku, Tokyo

Preferred Networks, Inc.