Enacted: August 10, 2018
Last Updated: April 18, 2019
Kotozna, Inc. (“Kotozna”, “our,” “we,” or “us”) provides message forwarding, translating, and other services to users around the world. Please read our Terms of Service so you understand the terms and conditions applicable to your use of Kotozna Chat. You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”).
Registration. You must register for our Services using your own SNS identification number and/or your current mobile phone number.
Age. You must be at least 13 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates necessary to use our Services, including automatically.
Fees and Taxes. You are responsible for all carrier data plan, your SNS payments, and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.
Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.
Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Kotozna, your SNS provider, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.
Harm to Kotozna, your SNS provider or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.
Keeping Your Account Secure. You are responsible for keeping your device, your SNS account and your Kotozna account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
Our Services may allow you to access, use, or interact with third-party SNS, websites, apps, content, and other products and services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services. We will not be liable for any damage or loss that you may suffer in relation to your access, use, or interaction with third-party SNS, websites, apps, content, and other products and services.
Your Rights. Kotozna does not claim ownership of the information that you submit for your Kotozna account or through our Services. You must have the necessary rights to such information that you submit for your Kotozna account or through our Services and the right to grant the rights and licenses in our Terms.
Kotozna’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance with our Brand Guidelines.
Kotozna’s License to You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you under our Terms.
Reporting third-party copyright, trademark, and other intellectual property infringement
If you notice any third-party copyright, trademark, or other intellectual property infringement, please report to the following contact.
KIZUNA WEST 1F,1-7-20,Motoakasaka,Minato-ku
Kotozna may offer translation service of messages as supplementary support for your convenience. Kotozna uses third party machine translation for such service and you acknowledge and are fully aware that the quality of the translation is limited and it is not error free. We will not be liable for any translation error.
You use our services at your own risk and subject to the following disclaimers. We are providing our services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when our users use our Services or the features, services, and interfaces our Services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the “Kotozna Parties”) from any claim, complaint, cause of action, controversy, or dispute (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties. You waive any rights you may have under any applicable statute or law of any other jurisdiction, which says that: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
The Kotozna Parties will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our Terms, us, or our Services, even if the Kotozna Parties have been advised of the possibility of such damages. Our aggregate liability relating to, arising out of, or in any way in connection with our Terms, us, or our Services will not exceed the greater of ten thousand yen (JPY10,000) or the amount you have paid us in the past twelve months. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some countries or jurisdictions may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. Notwithstanding anything to the contrary in our Terms, in such cases, the liability of the Kotozna Parties will be limited to the fullest extent permitted by applicable law.
You agree to defend, indemnify, and hold harmless the Kotozna Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.
Forum and Venue. You agree that the Tokyo District Court has the exclusive jurisdiction over any Claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”).
Governing Law. The laws of Japan govern our Terms, as well as any Disputes which might arise between Kotozna and you, without regard to conflict of law provisions.
Availability of Our Services. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature, policies of SNS providers and other force majeure events.
Termination. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate any provision or the spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with Kotozna: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” and “Other”.
Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding Kotozna and our Services, and supersede any prior agreements.
We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.
Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
Any amendment to or waiver of our Terms requires our express consent.
We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time. We will not be liable for any damage or loss that you may suffer arising out of or in connection with your failure to review any amendment of our Terms.
All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
Nothing in our Terms will prevent us from complying with the law.
Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
If we fail to enforce any of our Terms, it will not be considered a waiver.
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.
We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.
We always appreciate your feedback or other suggestions about Kotozna and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
To access our Terms in certain other languages, change the language setting for your Kotozna session. If our Terms are not available in the language you select, we will default to the Japanese version. Our Terms and other rules, policies, and guidelines are written in Japanese language. Any translated version is provided solely for your convenience. To the extent any translated version of our Terms and other rules, policies, and guidelines conflicts with the Japanese version, the Japanese version controls.
Please review the following documents, which provide additional information about your use of our Services:
Promotions conform to the "promotion guideline" of each respective event. All inquiries regarding promotions should be directed to Kotozna Chat. You will be able to reach support staff through the ID @campaign_support .
Respect for your privacy is our top priority. Since we started Kotozna, we’ve aspired to build our Services with a set of strong privacy principles in mind.
Please also read Kotozna’s Terms of Service (”Terms”), which describes the terms under which you use our Services.
Kotozna receives or collects information when we operate and provide our Services, including when you install, access, or use our Services.
Your Login information. You provide your user ID or user ID you want to connect, SNS platform to use, and language that your device uses, when you login to our Service. In addition, if you use Kakao Talk, you may provide your mobile phone number to use our services.
Your Messages(except messages to Group Chat). Once your messages (including your chats, photos, videos, voice messages, files, and share location information) are delivered, they are completely anonymized and retained in our servers and we do not retain your messages with personally identifiable information (“PII”) in the ordinary course of providing our Services to you. Your messages anonymized and retained in our servers are used only for improving translation accuracy. Hence, we do not retain your messages if you exchange your messages with another user with the same language as yours. Your messages with PII are stored on your own device if you use our App and the recipient of your messages. If a message with or without PII cannot be delivered immediately (for example, if you are offline), we may keep it on our servers for up to 30 days as we try to deliver it. If a message is still undelivered after 30 days, we delete it. We also offer end-to-end encryption for our Services. End-to-end encryption means that your messages are encrypted to protect against third parties from reading them.
Your Messages (Group Chat only). Your messages to Group Chat can be seen by anyone (including anyone who does not have a Kotozna user ID) on or off our Products. This includes your Kotozna Chat user ID; and any information and content you share with a public audience through Group Chat.
Your mailing address. In order to send materials to you, you provide us with your mailing address for delivery.
Your Connections. To help you organize how you communicate with others, we may create a favorites list of your contacts for you, and you can create, join, or get added to groups and broadcast lists, and such groups and lists get associated with your account information.
Customer Support. You may provide us with information related to your use of our Services, including copies of your messages, and how to contact you so we can provide you customer support. For example, you may send us an email with information relating to our app performance or other issues.
Usage and Log Information. We collect service-related, diagnostic, and performance information. This includes information about your activity (such as how you use our Services, how you interact with others using our Services, and the like), log files, and diagnostic, crash, website, and performance logs and reports.
Transactional Information. If you pay for our Services, we may receive information and confirmations, such as payment receipts, including from app stores or other third parties processing your payment.
Device and Connection Information. We collect device-specific information when you install, access, or use our Services. This includes information such as hardware model, operating system information, browser information, IP address, mobile network information, and device identifiers. We collect device location information if you use our App or our location features, such as when you choose to share your location with your contacts, view locations nearby or those others have shared with you, and the like, and for diagnostics and troubleshooting purposes such as if you are having trouble with our app’s location features.
QR code scan information. When you scan Kotozna QR code, we collect the time, your location, and URL embedded in the Kotozna QR code.
Status Information. We collect information about your online and status message changes on our Services, such as whether you are online (your ”online status”), when you last used our Services (your ”last seen status”), and when you last updated your status message.
Your Public Profile on SNS. When you agree to follow Kotozna’s Official Account on SNS, we receive from the SNS provider your public profile which includes your user ID, display name and profile picture.
Third-Party Providers. We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our Services. For example, we work with companies to distribute our apps, provide our infrastructure, delivery, and other systems, supply map and places information, process payments, help us understand how people use our Services, and market our Services. These providers may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues.
Third-Party Services. We allow you to use our Services in connection with third-party services. If you use our Services with such third-party services, we may receive information about you from them; for example, When you agree to follow Kotozna’s Official Account on SNS, we receive from the SNS provider your public profile which includes your user ID, display name and profile picture. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.
We use all the information we have to help us operate, provide, improve, understand, customize, support, and market our Services and such other purpose that may be relevant or incidental to the foregoing. The following are some examples of how we use the information.
Safety and Security. We verify accounts and activity, and promote safety and security on and off our Services, such as by investigating suspicious activity or violations of our Terms, and to ensure our Services are being used legally.
Communications About Our Services. We communicate with you about our Services and features and let you know about our terms and policies and other important updates. We may provide you marketing for our Services.
Commercial Messaging. We will send commercial messages that we think to be relevant to you in your own language. For example, we may send URL link that contains information of nearby restaurants in your own language. We will also allow you and third parties, like businesses, to communicate with each other using Kotozna Chat, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing. Messages you may receive containing marketing could include an offer for something that might interest you. We do not want you to have a spammy experience; as with all of your messages, you can manage these communications, and we will honor the choices you make.
You share your information as you use and communicate through our Services, and we share your information to help us operate, provide, improve, understand, customize, support, and market our Services.
Login Information. your user ID or user ID you want to connect, SNS platform to use, and language.
Your Public Profile on SNS. SNS user ID, display name and profile picture.
Your Contacts and Others. Users with whom you communicate may store or reshare your information (including messages) with others on and off our Services. You can use your Services settings and the block feature in our Services to manage the users of our Services with whom you communicate and certain information you share.
Third-Party Providers. We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our Services. When we share information with third-party providers, we require them to use your information in accordance with our instructions and terms or with express permission from you.
Third-Party Services. When you use third-party services that are integrated with our Services, we may receive information about what you share with them. If you interact with a third-party service linked through our Services, you may be providing information directly to such third party. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.
If you would like to manage, change, limit, or delete your information, we allow you to do that through the following tools:
Messaging Commands. You can change your settings by messaging commands to us. You can manage your user ID and the preferred language. You can also control whether to store your messages anonymously, whether to accept ads from us, and the user you block and unblock by sending messaging commands. You can see messaging commands by sending @help in the talk room with us in your SNS.
Unfollowing our Official Account. By unfollowing our Official Account in your SNS, you can reject all the messages from Kotozna and quit to use Kotozna Services. In certain SNS, unfollowing may cause you not to use our Service again with the same SNS account.
Deleting Your Kotozna Account. You may delete your Kotozna account at any time (including if you want to revoke your consent to our use of your information) by sending command messages. When you delete your Kotozna account, your undelivered messages are deleted from our servers as well as any of your other information we no longer need to operate and provide our Services. Be mindful that if you only delete our Services from your device without using our in-app delete my account feature, your information may be stored with us for a longer period. Please remember that when you delete your account, it does not affect the information other users have relating to you, such as their copy of the messages you sent them.
We may collect, use, preserve, and share your information if we have a good-faith belief that it is reasonably necessary to: (a) respond pursuant to applicable law or regulations, to legal process, or to government requests; (b) enforce our Terms and any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our users, Kotozna, or others.
KIZUNA WEST 1F,1-7-20,Motoakasaka,Minato-ku