Article 1: Definitions
These TOU define the matters necessary for the use of the App. Only those who have agreed to these TOU may use the App, and you will be deemed to have agreed to these TOU upon starting to use the App.
Article 3: Usage Requirements
1. Use of the App is free of charge, but you are responsible for all mobile data charges and other costs associated with the use of the App.
2. The App may use functions that provide services using your device’s GPS data (“GPS Functions”), and in such cases, you can set whether or not to use the GPS Functions by agreeing to allow the App to use your location information, and you may change this setting at any time.
Article 4: Prohibited Acts
In using the App, you shall not engage in any of the following acts.
• Interference with the operation of Kobe City’s services
• Use of the App for commercial or for-profit purposes
• Violation of laws, regulations, public order and morals, these TOU, etc.
• Infringement of intellectual property rights such as copyrights, trademarks, and patents, honorary rights, privacy rights, or any other legal or contractual rights concerning the App
• Reverse engineering, disassembling, or any other method of deciphering the source code
• Any other acts that Kobe City deems inappropriate
Article 5: Your Responsibilities
1. Your use of the App is at your own risk, and you shall be responsible for any and all actions you take using the App and the consequences of such use.
2. Kobe City may, without prior notice to you, suspend your use of all or part of the App or take any other measures that Kobe City reasonably deems necessary and appropriate, if you fall, or are considered likely to fall, under any of the following:
• If you are a member of an organized crime group or have a relationship with an organized crime group
• If you spread false rumors, or use deception, force, or other wrongful means to damage the credibility of Kobe City
• In addition to (1) through (3) above, if Kobe City reasonably determines that the provision of the App to you is inappropriate due to a loss of trust between you and Kobe City or other reasons.
3. You agree to indemnify Kobe City immediately upon demand by Kobe City for any damages (including attorneys’ fees) that Kobe City may incur directly or indirectly (including claims by third parties) as a result of your use of the App.
Article 6: Disclaimer
While every effort has been made to ensure the App’s operation and the accuracy, currency, and usefulness of the information provided by the App, there are no guarantees as to its completeness. Kobe City shall not be liable for any loss or damage incurred by you or any third party as a result of your use of the App.
Article 7: Handling of Copyright
The intellectual property rights and other rights related to the App belong to Kobe City or the legitimate rights holder. Intellectual property rights and other rights related to the information provided by the App belong to the respective information providers.
Article 8: Secondary Use
The App and the information provided by the App shall not be distributed, reprinted, published, or broadcast without permission, regardless of whether it is paid for or free of charge, and regardless of whether it has been modified.
Article 9: Suspension, Modification and Discontinuation of Service
Kobe City reserves the right to suspend, modify or discontinue all or part of the App and the services related to the App without prior notice.
Kobe City may change these TOU without prior notice. If changes are made to these TOU, Kobe City will notify or announce them to you in a manner it deems appropriate, and for important changes, Kobe City will notify you upon first launch of the App following an update and obtain your consent once again. The changed TOU shall take effect from the effective date.
Article 11: Governing Law
These TOU shall be governed by, and construed in accordance with, the Laws of Japan.
Article 12: Jurisdiction
For any disputes arising between you and Kobe City in relation to the App, the Kobe District Court or the Kobe Summary Court shall have exclusive jurisdiction as the court of first instance.