Terms of Service

These Terms of Service (“Terms”) govern your use of the app “memorian’s journal” (“the App”), provided by the operator (“we”). By using the App, you agree to these Terms.

Article 1 (Application)

  1. These Terms apply to all relationships between us and users regarding the use of the App.
  2. Our separately established Privacy Policy and any other rules form part of these Terms.
  3. If these Terms conflict with such other rules or any explanation outside these Terms, these Terms prevail.

Article 2 (Definitions)

  1. “App” means the app named “memorian’s journal” that we provide (including any renamed or modified version).
  2. “User” means anyone who uses the App.
  3. “Content” means memos and other data you create or record using the App.
  4. “Intellectual Property Rights” means copyrights, patents, utility model rights, design rights, trademarks, and other intellectual property rights (including rights to acquire or apply to register them).

Article 3 (Use of the App)

  1. No account registration is required to use the App.
  2. You are responsible, at your own expense, for providing the device, network, and other environment needed to use the App.
  3. You are responsible for managing your own device and Content, including backups.

Article 4 (Recording)

The App is built around capturing “this moment.” You can record only the current time; you cannot record back into a past date or change the timestamp of an existing record. You may edit the text of past memos, but not their timestamps.

Article 5 (Fees)

  1. The App is currently provided free of charge.
  2. We may in the future make some features paid, or introduce optional payments. In that case, we will display the details and conditions in advance and comply with any separate terms required (including disclosures under applicable commercial-transaction laws).

Article 6 (Intellectual Property and Ownership)

  1. Intellectual Property Rights in the App belong to us or our licensors. These Terms do not transfer or license those rights to you.
  2. Rights in the Content you create belong to you. Content is stored only on your device, and we do not collect it (handling related to voice input and the contact form is as described in the Privacy Policy).
  3. You represent and warrant that you have the lawful right to create and send the Content you create or send through the App (including content you send via the contact form), and that such Content does not infringe the rights of any third party.

Article 7 (Prohibited Conduct)

You must not, in using the App, engage in any of the following or conduct likely to do so:

  1. Violating the law or engaging in conduct related to criminal activity;
  2. Infringing the intellectual property, portrait, privacy, reputation, or other rights or interests of us or any third party;
  3. Reverse-engineering or otherwise analyzing the App;
  4. Gaining unauthorized access to, or placing an excessive load on, the servers, networks, or systems of the App or of us;
  5. Interfering with the operation of the App;
  6. Impersonating a third party;
  7. Providing benefits to, or otherwise cooperating with, antisocial forces (meaning organized crime groups or equivalent parties);
  8. Causing disadvantage, damage, or discomfort to us or any third party;
  9. Acting against public order or morals;
  10. Directly or indirectly causing or facilitating any of the foregoing;
  11. Attempting any of the foregoing;
  12. Any other conduct we reasonably deem inappropriate.

Article 8 (Suspension, Change, or Termination of the App)

  1. We may suspend or interrupt all or part of the App without prior notice if:
    1. we perform maintenance or updates;
    2. provision becomes impossible due to force majeure; or
    3. we otherwise reasonably determine suspension is necessary.
  2. We may change the content of the App or terminate its provision at our discretion. If we terminate it, we will endeavor to give advance notice where reasonably possible.
  3. If we reasonably determine that you have violated these Terms, we may, without prior notice, restrict your use of the App and take other necessary measures.

Article 9 (Disclaimer)

  1. We do not warrant, expressly or impliedly, that the App fits your particular purpose, has the functions, accuracy, or usefulness you expect, will be continuously available, or will be free of defects.
  2. We are not responsible for the loss of records (Content) due to device failure, resets, OS updates, defects in the App, or similar events. Please back up important records at your own responsibility.
  3. Except in cases of our willful misconduct or gross negligence, we are not liable for any damages arising out of or relating to your use of the App.
  4. The App uses external services such as OS speech recognition (Apple/Google) and the contact form (Google Forms). We are not responsible for the content, changes, or suspension of these external services. Any dispute arising between you and a third party in connection with the App shall be resolved by you, at your own responsibility and expense.

Article 10 (Handling of User Information)

The handling of user information in the App is governed by our separately established Privacy Policy.

Article 11 (Confidentiality)

  1. We treat the contents you send through the contact form as confidential and will not disclose them to third parties without your consent, except where we use the external services specified in these Terms or the Privacy Policy to handle your inquiry, or where disclosure is required by law.
  2. You must not disclose to any third party, without our prior consent, any non-public information that we disclose to you with a request that it be kept confidential.

Article 12 (Changes to These Terms)

  1. We may change these Terms when we deem it necessary.
  2. When we change these Terms, we will announce the updated content and effective date within the App or by a method we designate. If you continue to use the App after the change, you are deemed to have agreed to the updated Terms.

Article 13 (Assignment)

  1. You may not assign, transfer, or pledge your position under these Terms, or any rights or obligations hereunder, to a third party without our prior written consent.
  2. If we transfer the business of the App to a third party (including by business transfer, company split, or any other form in which the business is transferred), we may transfer to the assignee our position under these Terms, our rights and obligations hereunder, and your information, and you consent to this in advance.

Article 14 (Severability)

Even if any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

Article 15 (Governing Law and Jurisdiction)

  1. These Terms are governed by the laws of Japan.
  2. Any dispute arising out of or relating to these Terms or the App shall be subject to the exclusive jurisdiction, as the court of first instance, of the district court having jurisdiction over our location.

Article 16 (Language)

This document is made in Japanese as the authoritative text. In case of any discrepancy between this English translation and the Japanese version, the Japanese version prevails.

Revision History

For common questions about the app, please see the FAQ.