This is a translation provided for convenience.
If there is any discrepancy,
the Japanese version prevails.
Article 1 (Application)
- These Terms set out the conditions for using "Session Concierge" (the "Service"), provided by F's Factory ("we", "us").
- By using the Service, you are deemed to have agreed to these Terms.
- Individual notices and help pages that we publish within the Service form part of these Terms.
Article 2 (What the Service does)
The Service supports announcing jam sessions (gatherings for musical improvisation), recruiting participants, and running them on the day. Its main features are:
- Searching and viewing sessions, requesting to join, and canceling
- Hosting sessions (announcing, recruiting, running on the day)
- Requesting songs to play and assigning parts (instruments)
- Comments, publishing your profile, and viewing rankings
- Receiving notifications
The Service provides a place; we are not the organizer of any session.
Actually holding and running a session, arranging the venue, and handling fees take place
between the host of each session and its participants.
Responsibility for sessions is set out in Article 8.
Article 3 (Accounts)
- Parts of the Service can be used without registering an account (browsing, joining on the spot on the day, and similar); other parts require registration.
- Registered users must manage their email address and password at their own responsibility and must not let a third party use them.
- Display names must not duplicate those of other users.
- We may suspend or delete an account without prior notice if a user breaches these Terms or where there is other reasonable cause.
Article 4 (Premium features and payment)
- Some features of the Service (such as hosting announced sessions) are provided as paid premium features.
- Premium features are provided by the methods we determine (such as granting via a promotion code). If we later introduce purchases through the billing features of each app store (Apple App Store, Google Play), the terms and procedures of that store apply to the purchase, payment, and refunds.
- Premium features have an expiry date and end automatically when it passes.
- A promotion code issued by us may allow free use of premium features for a certain period. We separately determine the validity period and conditions of promotion codes.
- If store billing is introduced, refunds are governed in principle by the rules of each app store. We do not handle refunds directly for purchases made through a store.
Article 5 (Advertising)
- The Service may display advertisements served by third parties.
- No advertisements are shown within the app screens while you are using premium features (advertisements on web pages such as the user guide are excluded, as viewers cannot be identified there).
- The handling of data in connection with advertising is as set out in the Privacy Policy.
- Transactions with advertisers take place between you and the advertiser; we are not involved.
Article 6 (Host responsibilities)
A user who hosts a session (a "host") must observe the following.
- State the date and time, venue, fee, and other information accurately.
- Obtain permission to use the venue and carry out the arrangements and legal procedures necessary to hold the session.
- Make the participation fee and other conditions clear to participants in advance.
- When appointing a co-host, do so with an understanding of the scope of that authority. The host bears the same responsibility for the acts of an appointed co-host as for their own.
- If a session must be canceled, promptly inform the participants.
- Have regard to the safety of participants and, where necessary, inform them of the venue's rules.
The host bears all responsibility for the sessions they organize (Article 8).
Article 7 (Participant responsibilities)
- A user who requests to join must comply with the cancellation deadline and other conditions set by the host.
- Payment of fees, travel to the venue, preparation of equipment, and similar matters are the user's own responsibility and expense.
- Users must not act in a way that causes a nuisance to other participants, the venue, or third parties.
Article 8 (Where responsibility for sessions lies)
This Article is particularly important when using the Service.
- Sessions are organized by hosts at their own responsibility. We merely provide the Service as a place (the means to announce, recruit, and manage progress); we are not the organizer of any session, nor a party to the contract formed between a host and participants.
- Accordingly, we bear no responsibility for the following matters arising in relation to a session. Hosts and participants deal with them at their own responsibility.
- Whether a session is held, canceled, or postponed, and its content, conduct, and quality
- Accidents, injury, illness, ill health, or other personal injury at the venue
- Damage, soiling, loss, or theft of instruments, equipment, or belongings
- Disputes over payment of fees or other money, non-payment, or refunds
- Non-attendance, lateness, or no-show cancellation by participants
- Breach of the venue's conditions or rules, and disputes with the venue
- Arguments, nuisance, harassment, or other interpersonal trouble between users
- Copyright and other rights clearance for the music performed
- Any other matter arising at the session itself or in the relationship between a host and participants
- If a dispute arises between users, or between a user and a third party, in relation to the preceding paragraph, it is to be resolved at the responsibility and expense of those parties, and we are not involved.
- We do not verify or guarantee the identity, qualifications, skill, state of health, intentions, or anything else about hosts or participants. Users decide whether to take part in a session or engage with other users at their own judgment and responsibility.
- Users must comply with the venue's rules and with applicable law, and bear responsibility for damage arising from any breach.
- A host bears all responsibility toward participants and third parties for the sessions they organize. If we receive a claim from a third party or suffer damage as a result of a host's act or omission, the host shall compensate that damage (including reasonable attorneys' fees).
- Even where we remove, hide, or suspend information about a session because we judge it necessary for operating the Service, that does not mean we assume responsibility for the session.
This Article rests on the fact that we are not a party to sessions.
Our responsibility for the provision of the Service itself is set out in Article 16 (Disclaimer).
Article 9 (Prohibited conduct)
When using the Service, users must not:
- Act in breach of law or public order and morals
- Engage in conduct connected with criminal activity
- Infringe the rights or interests of other users, third parties, or us
- Impersonate another person or register false information
- Engage in discrimination, defamation, threats, or harassment
- Interfere with the operation of the Service, gain unauthorized access, or make bulk access by automated means
- Use the Service for sales, solicitation, religious activity, or any other purpose outside its intended use
- Provide a benefit, directly or indirectly, to antisocial forces
- Act in any way we reasonably judge to be inappropriate
Article 10 (Exclusion of antisocial forces)
- Users represent and warrant that they are not, and will not in future be, a member of an organized crime group, an associate member, a related company, a corporate racketeer, a group engaging in criminal activities under the pretext of social movements, a special intelligence violence group, or any equivalent party ("antisocial forces").
- Users shall not, themselves or through a third party, engage in violent demands, unreasonable demands beyond legal responsibility, threatening conduct, or damage to our credit or interference with our business through the spreading of rumors, deception, or force.
- If we judge that a user has breached the preceding two paragraphs, we may suspend use of the Service or delete the account without prior notice.
- We bear no responsibility for any damage caused to the user by the preceding paragraph.
Article 11 (Handling of posted content)
- Rights in content posted to the Service by a user (comments, profile, song titles, and similar; "posted content") belong to that user.
- Users grant us a free licence to use posted content (including reproduction, display, and translation) to the extent necessary to provide, improve, and publicize the Service.
- If we judge that posted content falls under the prohibited conduct, we may delete or hide it without prior notice.
- Deletion is in principle logical deletion (the content is hidden, while the record that a post was made remains).
- Users warrant that their posted content does not infringe the rights of third parties (copyright, portrait rights, publicity rights, and similar).
Article 12 (Our intellectual property)
- Intellectual property rights in the programs, screen designs, logos, text, and all other content making up the Service belong to us or to the rightful owner.
- Users obtain only the right to use the Service under these Terms and acquire no rights in our intellectual property.
- Users must not reproduce, modify, decompile, disassemble, or otherwise analyze the Service without our prior written consent.
Article 13 (Deleting your account)
- Users may leave the Service and delete their account at any time. Deletion can be carried out by the user from the profile screen within the Service (contacting the point of contact in Article 22 also remains available). The procedure and what is deleted are as set out in the Privacy Policy.
- Deletion cannot be undone. Authentication information (email address and password) is deleted, and you can no longer sign in with that account. Registering again with the same email address does not carry over records from before deletion.
- If participants are already confirmed for a session the user hosts, the user shall take the necessary steps, such as informing those participants in advance.
- Sessions the user hosts that have not yet taken place (draft, announced, recruiting) are deleted when the account is deleted. However, sessions with an appointed co-host are not deleted, so that the co-host can continue to run them. Sessions that are live, finished, or canceled remain as records for other participants.
- After deletion, posted content and records of sessions held remain to the extent necessary for other users and as required by law. The user's display name shown in those records is replaced with "Withdrawn".
- Deletion releases the display name, so other users may then use the same display name.
- No refund is given for any unused portion if you delete your account while a premium period remains.
Article 14 (Reporting and blocking)
- Users may report inappropriate posts or users to us.
- Users may block a particular user so that their posts are not shown on the blocking user's own screen.
- Blocking controls what is shown on the screen of the user who blocked; it does not apply to shared displays such as the venue monitor.
Article 15 (Change, suspension, and termination of the Service)
- We may change the content of the Service or suspend its provision without prior notice to users.
- If we terminate the Service, we will endeavour to give advance notice by a reasonable method.
- We bear responsibility for damage caused to users by change, suspension, or termination of the Service to the extent set out in Article 16.
Article 16 (Disclaimer)
- That we bear no responsibility for matters arising at sessions or between users is set out in Article 8. This Article concerns the provision of the Service itself (the app and its features).
- We do not warrant that the Service will be provided without interruption, suspension, or loss of data.
- We do not warrant the accuracy or completeness of information published on the Service (session details, song information, and similar).
- Even where damage is caused to a user by a cause attributable to us, our liability is capped at the total amount paid by that user to us in the twelve months preceding the occurrence of the damage. This does not apply where we act with intent or gross negligence.
- If part of this Article is held invalid under the Consumer Contract Act or another mandatory provision of law, the remaining parts continue in effect.
Article 17 (Changes to these Terms)
- We may change these Terms where we judge it necessary.
- For material changes, we will give advance notice by posting on the Service or by another appropriate method.
- The changed Terms take effect from the time they are posted on the Service.
Article 18 (Notices and contact)
- We contact users by posting on the Service, by in-app notification, by push notification, or by sending to the registered email address.
- Where sent to the registered email address, a message is deemed to have arrived at the time it would normally arrive.
- Users contact us at the point of contact in Article 22.
Article 19 (No assignment)
- Users may not assign or pledge their position under these Terms, or the rights and obligations arising under them, to a third party without our prior written consent.
- If we transfer the business relating to the Service to a third party, we may transfer to the transferee our position under these Terms, the rights and obligations arising under them, and users' registration information, and users consent to this in advance.
Article 20 (Severability and entire agreement)
- Even if any provision of these Terms, or part of one, is held invalid or unenforceable by law, the remaining provisions and the remainder of that provision continue in full effect.
- These Terms constitute the entire agreement between us and the user concerning use of the Service and prevail over any prior agreement or representation.
Article 21 (Governing law and jurisdiction)
- These Terms are interpreted and applied under the laws of Japan.
- If a dispute arises between us and a user in relation to the Service, the district court having jurisdiction over Chiba City, Chiba, Japan shall be the exclusive court of first instance by agreement.
Article 22 (Contact)
For inquiries about these Terms, please contact us below.