Applibot

These terms may have changed since you last reviewed them.

Last Updated: February 03, 2025

Please read these Terms of Service (“TOS”) carefully before viewing or using our Service. These TOS govern your use of (i) Applibot’s applications for mobile devices (the “Applibot Apps”) and (ii) Applibot’s web domains and subdomains (our “Sites”). We refer to the content and functionality of the Applibot Apps and the Sites as our “Service” (including all content and functionality). These TOS are applicable to our Service offered by Applibot. In the event that specific terms of service have been set for individual services, the terms of service associated with each service will supersede these TOS.

As used in these TOS, “Applibot”, “we”, “us”, or “our” refer to Applibot, Inc., a company registered in Japan whose registered address is Abema Towers, 40-1 Udagawacho Shibuya-ku, Tokyo 150-0042.

You can find everything you need to know about us and our Service on our website.

Under these TOS, unless you are a resident of the United Kingdom or the European Union, any disputes arising between you and us are subject to binding arbitration, unless you exercise your right to opt out of arbitration within the period specified below. Please review “Mediation and Binding Arbitration” below.

If you are under 13 years of age, do not use or provide any information in our Service.

This summary is provided only for convenience. Please review the TOS below in its entirety for important information and legal conditions that apply to your use of our Service.

• These TOS are a legal agreement between you and Applibot that govern whether and how you may use our Service. We may change the TOS at any time. Use of our Service is also subject to our Privacy Policy
• Our Service is not targeted towards nor intended for use by children under the age of 13. If you are under 13, do not use our Service. If you are age 13 or over but under age 18, you may use our Service only with the consent of your parent or legal guardian.
• Our Applibot Apps may require a minimum device operating system in order to function properly. Any compatibility requirements will be shown on the relevant app store product page.
• Our Service is owned by Applibot and its licensors. You may only use our Service for personal use. You may not sell or transfer our Service, or any content or digital items within our Service, to anyone else.
• You may not copy or modify any content from our Service, or any trademarks appearing in our Service, except as we expressly allow in these TOS.
• You will be responsible for all charges relating to our Service. Although the Applibot Apps may be free to download, real-money charges may apply for in-app additional features or content.
• You are responsible for maintaining the security of your account information with Apple App Store, Google Play or any other mobile application store used to access the Applibot Apps in order to avoid unauthorized charges, including by children using your device.
• Amounts paid are non-refundable except as required under local law of your jurisdiction. In certain cases the mobile application store from which you obtained an Applibot App to access the Applibot Apps, such as the Apple App Store or Google Play, may provide refunds.
• You may not post any inappropriate content in or through our Service, or any content that you do not have legal rights to. You agree that Applibot may use any content you post for any purpose, including for advertising.
• We may discontinue or change our Service, including any features of our Service, at any time without notice or liability to you. If you are a resident in the United Kingdom or European Union, different rules as set out in these TOS apply.
• Our liability to you relating to our Service is limited. If you are a resident outside of the United Kingdom or European Union, you agree that any disputes will be subject to binding arbitration, to be held in Los Angeles, California, USA. If you are a resident in the United Kingdom or European Union, different rules as set out in these TOS apply.

These TOS are a legal agreement between you and Applibot. Our Service is licensed, not sold, to you by Applibot. We reserve all rights in and to our Service not expressly granted to you under these TOS. We may modify these TOS, at our sole discretion, effective immediately upon posting of the revised TOS, and you agree to and accept this condition. Material changes to these TOS will be announced by posting them in the mobile application stores and Sites where our Service is available. You are responsible for checking these TOS each time before using our Service. Continued use of our Service following the posting of changes means that you accept and agree to the updated TOS.

If you are a resident of the United Kingdom or the European Union:

We can always change our Service and/or TOS

• to reflect changes in relevant laws and regulatory requirements;
• to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the Service; and
• to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.

However, for more significant changes to the TOS and/or Service, we notify you of any changes in advance and please see the “contact” page on the Service if you would like to end these TOS before the changes take effect and receive a refund for any Service you've paid for in advance, but not received

Your rights under these TOS are limited to a personal, non-commercial, nontransferable license to use our Service on devices that you own or control and as permitted by the usage rules for the applicable mobile app store through which you accessed our Service (if applicable) or other terms and conditions applying to your device. These TOS do not allow you to use our Service on any device that you do not own or control, and except as provided in the rules relating to your device, you may not distribute or make our Service available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense our Service and, if you sell your device to a third party, you must remove the Applibot Apps before doing so. You may not copy (except as expressly permitted by these TOS and the rules for your device), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of our Service or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with our Service). Any attempt to do so is a violation of the rights of Applibot and our licensors. If you breach this restriction, you may be subject to prosecution and damages.

These TOS will govern any updates provided by Applibot that replace and/or supplement our Service, unless such update is accompanied by a separate license, in which case the terms of that license will govern. You acknowledge that these TOS are concluded solely between you and Applibot, and not with any mobile application store from which you downloaded an Applibot App (for example, the Apple App Store or Google Play), and that Applibot is solely responsible for our Service and the content thereof, except as otherwise provided in these TOS. If you have an Apple device and these TOS are less restrictive than, or in conflict with, the terms of service for such device, the terms of service for such device will govern.

Use of the term “purchase” in these TOS does not imply that you obtain any ownership rights to our Service or any virtual currency or virtual goods.

All content included in our Service, including text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software is owned by Applibot or our licensors and protected by applicable copyright laws. Our Service may include registered and unregistered trademarks owned by or licensed to Applibot, which may not be copied, imitated or used, without the prior written permission of Applibot. You agree that you will not apply for, register, or otherwise use or attempt to use any Applibot trademarks or Applibot marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold in our sole discretion.

If there is a charge associated with our Service, you agree to pay that charge to access our Service. If any portion of our Service is free, there may still be charges for additional content within our Service, including virtual currency and virtual goods, and you agree to pay those charges to obtain such virtual currency or goods. You may be able to prevent purchase of such additional content by adjusting your device's settings.

The Apple iPhone, iPad and other devices may keep you logged on for a period of time after you download an Applibot App (or after you make a purchase through an Applibot App). This may allow a user (for example, a child) to incur charges without entering your password. This is a function of the software of these devices and not within our control. You may be able to change this function through the “settings” menu on your device.

Prices for our Service exclude all applicable taxes and currency exchange settlements, unless stated otherwise. You may still incur charges incidental to using our Service even if our Service itself is free (for example, charges for internet access, text messaging, and other data transmission). You are solely responsible for the payment of such taxes or other charges related to your use of our Service.

If you are a resident of the United Kingdom or the European Union, you have a legal right to change your mind about your purchase of a Service and receive a refund of what you paid for it. This is subject to some conditions, as set out below:

1. When you can't change your mind. You can't change your mind about an order for: a. digital content, after you have started to download or stream these; or b. services, once these have been completed. The deadline for changing your mind. If you change your mind about a Service you must let us know no later than 14 days after the day we confirm we have accepted your order.
2. How to let us know. To let us know you want to change your mind, please see the “contact” page on the Service.
3. You have to pay for services you received before you change your mind. If you bought a service (such as a subscription to a cloud-based game) we don't refund you for the time you were receiving it before you told us you'd changed your mind.
4. When and how we refund you. We refund you as soon as possible and within 14 days of you telling us you've changed your mind. We refund you by the method you used for payment. We don't charge a fee for the refund.
5. You can end an on-going contract. We tell you when and how you can end an on-going contract with us (for example, for regular services or a subscription) during the order process and we confirm this information to you in writing after we've accepted your order. If you have any questions, please see the “contact” page on the Service.
6. You have rights if there is something wrong with our Service. If you think there is something wrong with our Service, please see the “contact” page on the Service. We honour our legal duty to provide you with Services that are as described to you on our website and that meet all the requirements imposed by law.

If you are a resident of the United Kingdom or European Union:

1. If you purchase any digital content (for example, an in-game item), you consent that we may make available to you an Applibot App and any virtual currency or virtual goods directly after your order has been accepted by the Apple App Store, Google Play or other mobile application store. As a result, you hereby expressly acknowledge that you lose any legal right to withdraw from the purchase of any Applibot App or such virtual items.
2. If you purchase a service (for example, a subscription to a cloud-based game), you consent that we may make the service available to you immediately after your order has been accepted by the Apple App Store, Google Play or other mobile application store. As a result, you hereby expressly acknowledge that you lose any legal right to withdraw from the purchase once the service has been fully performed.

We may permit you to use "real-world" money to buy virtual currency and goods that can be used within the Apps. Virtual currency and goods cannot be sold or transferred and cannot be exchanged for or converted to cash or legal tender.

In certain jurisdictions, our Service may offer “loot boxes” as part of the gaming experience. These virtual containers provide randomized in-game items or rewards. By participating in loot box features, you acknowledge that the contents of loot boxes are randomly generated and that outcomes are not guaranteed. You understand that the acquisition of items through loot boxes is based on chance and may involve virtual currency or real-world purchases.

Applibot is committed to protecting your privacy. Please review our Privacy Policy, which explains what information we collect from you and how that information is used. By using our Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Our Service is not intended for children under the age of 13. If you are under 13 years of age, do not use or provide any information to our Service. If you are age 13 or over but under age 18, you may use our Service only with the consent of your parent or legal guardian. Applibot relies upon parents and guardians to determine if our Service is appropriate for the viewing or access by persons under the age of 18.

If you are over the age of 18, you agree to monitor use of your account by persons younger than the age of 18. You agree to accept full responsibility for any unauthorized use of your account by persons under the age of 18, including responsibility for any use of your credit card or other payment instrument.

You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority (“Taxes”) associated with your use of our Service. You will pay or reimburse us for all Taxes that we are required to pay on your behalf. You shall not be entitled to deduct the amount of any Taxes from payments made to us pursuant to these TOS.

We may require you to provide additional information and/or documents at the request of any competent authority or in connection with any applicable law or regulation, including without limitation laws related to anti-money-laundering. Applibot may also require you to provide additional information and documents in cases where we have reason to believe that: (a) you are using our Service (or any portion thereof) for money-laundering or for any other illegal activity; (b) you have concealed or reported false identification information and/or other details; and/or (c) transactions by you were effected in breach of these TOS. In such cases, Applibot, in its sole discretion, may (d) revoke any rights granted to you by Applibot hereunder; or (e) pause or cancel your transactions until such additional information and documents are reviewed by us and accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, Applibot may, in addition to the foregoing penalties, terminate your access to our Service.

Our Service may invite or enable you and other users to create, submit, post, display, import, upload, transmit, use, perform, publish or distribute communications, content and materials by e-mail or through online forums, comments windows or other functionality of our Service or portions thereof. This may include without limitation videos and/or related metadata. All of the foregoing will be referred to herein as user content. You will be solely responsible for paying any and all costs associated with your user content. User content is subject to the applicable provisions of our Privacy Policy.

Applibot has no obligation to accept, display, review, maintain or otherwise exploit any user content. By posting user content to our Service, you represent and warrant that: (a) you have all rights (including without limitation rights under applicable information protection, privacy and copyright laws) to do so; (b) such content is not illegal, defamatory or pornographic; (c) your posting of the user content and its use on our Service will comply with and not violate any applicable smart contract(s) or other legal or contractual terms; and (d) you are solely responsible for any liability related to your breach of any of the foregoing representations and warranties. You agree that user content is not confidential. You further agree that user content will not be returned to you. You hereby grant to Applibot a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose user content via our Service or by any other means. You further hereby irrevocably grant to Applibot the unconditional right to use and exploit your username, persona and likeness included in any user content and in connection with any user content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in user content, regardless of whether user content is altered or changed in a manner not agreeable to you.

Our obligation to monitor, verify, correct or remove user content is dependent on your jurisdiction. We reserve the right to monitor, verify, correct or remove user content in our sole discretion from time to time. We are not liable for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any user content. However, if you believe that any user content infringes copyright rights held by you, you may contact us at the e-mail address or physical mail address below with the following information and signature:

• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located in our Service;
• Your address (including country), telephone number and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
• An electronic or physical signature of the individual authorized to act on behalf of the owner of the copyright interest.

The notice should be sent to support_global@applibot.co.jp or, if by physical mail, to:

Copyright Notices Applibot, Inc. Abema Towers, 40-1 Udagawacho Shibuya-ku, Tokyo Japan 150-0042

If you are a resident of the United Kingdom or the European Union, the following provision applies:

This provision sets out what we do to protect you from illegal content. It also explains what technology we use to help us.

We minimise the length of time for which terrorism content is present on the site. We will swiftly take down terrorism content when we find out about it.

We will minimise the length of time for which child sexual exploitation and abuse content is present on the site. We will swiftly take down child sexual exploitation and abuse content when we find out about it.

We will minimise the length of time for which other content that amounts to an offence is present on the site. This applies to content relating to assisting suicide, threats to kill, public order offences, harassment, stalking and fear or provocation of violence, drugs and psychoactive substances, firearms and other weapons, assisting illegal immigration, human trafficking, sexual exploitation, sexual images, proceeds of crime, fraud, financial services, foreign interference, animal welfare and offences relating to being involved in committing any of these offences (known as inchoate offences). We will swiftly take down such content when we find out about it.

If you are a resident of the United Kingdom or the European Union, the following provision applies:

You can report or complain about the following content and behaviours:

• Content you consider to be illegal.
• When you think we are not dealing with illegal content or activity as we should.
• Where you think our content reporting systems and processes do not easily let users report content they believe to be illegal and content they believe to be harmful to children and that is accessible to children.
• When you think we have insufficiently considered the importance of protecting users' rights to freedom of expression or privacy.
• Where your content has been taken down on the basis that it is illegal.
• Where we have given you a warning, suspended, banned or restricted you in any way as a result of your content which we consider to be illegal content.
• Technology we use results in your content being taken down, access-restricted or deprioritised and you think the technology has been used in a way not set out in our terms of service.

Please see the “contact” page on the Service.

If you are a resident of the United Kingdom and we take down or restrict access to any content which you generate, upload, or share using the Service, and we did not have a right to do this in accordance with these TOS, you will have a right to bring a claim against us for breach of contract. Your right to bring a claim against us is subject to the exclusions and limitations set out in these TOS.

If you are a resident of the United Kingdom and we suspend or ban you from using our Service and we did not have a right to do this in accordance with these TOS, you will have a right to bring a claim against us for breach of contract. Your right to bring a claim against us is subject to the exclusions and limitations set out in these TOS.

Our Service may contain links, login interfaces and other connections to third-party websites and apps. Such third-party services are provided solely as a convenience to you, and we are not responsible for, and do not sponsor or endorse the content of third-party services. Use of third-party services may require you to accept additional terms. We are not responsible for examining or evaluating, and do not warrant the offerings of, any third-party services, and you agree to use them at your sole risk.

In particular, you acknowledge and agree that use of a third-party service may cause personally identifying information to be publicly disclosed and/or associated with you. The terms of service, terms of use, privacy policy and any other terms designated by the third-party service will govern your use of that third-party service. If you have any questions, concerns or complaints about a third-party services, please contact the support or contact personnel of that third-party service.

You agree not to engage in any of the following conduct through our Service: (a) interfere with or disrupt our Service or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected with our Service; (b) interfere with, disrupt or circumvent any security feature of our Service or any feature that restricts or enforces limitations on use of or access to our Service; (c) use our Service to violate the laws or regulations, public order or morals, or these TOS; (d) use our Service to harm minors in any way; (e) use our Service to collect, reveal, or modify any personal information about another individual, including any information that may be used to track, contact or impersonate that individual; (f) use our Service to collect, reveal, or modify any confidential information, proprietary information, or trade secret of any entities; (g) defraud or mislead Applibot or other users; (h) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (i) use our Service for any commercial purpose; (j) use any other user's account for any purpose, including to circumvent a suspension or ban; (k) cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software program or applications that are designed to modify the experience of our Service; (l) infringe any right of any person or entity, including without limitation, any intellectual property right; (m) post, upload, transmit, distribute or otherwise publish false, defamatory, libelous or slanderous statements concerning Applibot or our Service; (n) create, post or upload content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (o) pursue or solicit romantic relationships online; (p) create, post or upload content that contain links to websites that contain sexually themed content; (q) stalk, threaten or otherwise harass or cause discomfort to another person; (r) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation; (s) advertise or solicit political or religious activities; (t) have multiple accounts on one device without our approval; (u) sell, share, or give the accounts to other users; (v) modify, damage, decompile, reverse-engineer, or disassemble our Service; (w) obtain in-game contents through fraudulent or deceptive means; (x) sell or facilitate the sale to a third party of in-game content or access to our Service; (y) exploit vulnerabilities in our Service; (z) transfer or allow a third party to use all or part of your account or the content in our Service, or any other rights or benefits available to you in our Service in exchange for monetary or other type of compensation, or engage in advertising, publicizing, or soliciting of such activities; (aa) harm Applibot or any third parties; (ab) make excessive or unreasonable demands of Applibot, including persistently repeating similar or the same inquiries; (ac) submit false refund requests to Applibot or any mobile application store, such as the Apple App Store or Google Play; (ad) assist or encourage any of the actions above; or (ae) do other inappropriate acts. Applibot reserves the right to determine what conduct violates these restrictions or is otherwise outside the intentions of these TOS or our Service and to take action as a result, which may include termination of your account and exclusion from further participation in our Service.

Subject to section “Your Agreement to these TOS and Future Changes”, we reserve the right to add, change, suspend or discontinue our Service, or any aspect or feature of our Service, without notice or liability. You agree that we may alter our Service, which includes changing the various terms and changing or eliminating parts of our Service, without contacting you in advance.

You agree that we may temporarily suspend our Service without prior notice. During any such period you may be unable to access any information you have stored on our Service. This may occur, for example, when we are conducting regular or emergency maintenance on our Service.

If you are resident of the United Kingdom or the European Union:

• Section “Your Agreement to these TOS and Future Changes” applies to you;
• We will contact you in advance to tell you if you are suspending the Service unless the problem is urgent or an emergency.

The licence is effective until terminated by you or Applibot. Your rights under these TOS will terminate automatically without notice from Applibot if you violate any terms listed in these TOS regardless of whether the violation is by, on behalf of or through you. Upon termination of the licence, you shall cease all use of our Service and delete all copies of our Service.

You may, as the result of termination, lose your account relating to our Service and all information and data associated with it. You will not be entitled to any refund, reimbursement or other liability as a result of any termination permitted under these TOS for any reason, whether by you or Applibot. Applibot reserves the right to refuse to keep accounts for or provide access to our Service to anyone.

YOU ACKNOWLEDGE AND AGREE THAT USE OF OUR SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLIBOT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO OUR SERVICE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NEITHER APPLIBOT NOR ANY SUBSIDIARY OR AFFILIATE WARRANTS THAT OUR SERVICE, OUR SERVERS OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLIBOT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF OUR SERVICE, THAT THE FUNCTIONS CONTAINED IN OR FEATURES PERFORMED OR PROVIDED BY OUR SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF OUR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT A DEFECT IN OUR SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLIBOT OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD OUR SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

If you are not a resident of the United Kingdom or the European Union, the following provision applies:

1. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLIBOT BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OUR SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF APPLIBOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY US DOLLARS (US$50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN THE EVENT OF ANY FAILURE OF OUR SERVICE TO CONFORM TO ANY APPLICABLE WARRANTY ON A DEVICE PROVIDED BY APPLE, YOU MAY NOTIFY APPLE FOR A REFUND OF THE PURCHASE PRICE FOR OUR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO OUR SERVICE.

If you are a resident of the United Kingdom or the European Union, the following provision applies:

1. We're responsible for losses you suffer caused by us breaking these TOS unless the loss is:
   1. Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your purchase of the Service meant we should have expected it (so, in the law, the loss was unforeseeable).
   2. Caused by a delaying event outside our control. We're not responsible for delays outside our control.
   3. Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
   4. A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.

You acknowledge and agree that the mobile application store from which you obtained an Applibot App, including Apple and its subsidiaries, is a third-party beneficiary of these TOS, and that, upon your acceptance of these TOS, such store, including Apple, will have the right (and will be deemed to have accepted the right) to enforce these TOS against you as a third-party beneficiary thereof.

To the maximum extent permitted by applicable law, you acknowledge that, in the event of any user or third-party claim relating to any Applibot App or your possession and use of any Applibot App, the mobile application store from which you obtained the Applibot App or any service available on any Applibot App (including the Apple App Store and Google Play) will not have any responsibility for the investigation, defense, settlement and discharge of any such claim. This includes, but is not limited to: (a) product liability claims; (b) claims of failure to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer protection or similar legislation; and (d) claims of infringement of a third party's intellectual property rights. However, nothing in these TOS limits our liability to you beyond what is permitted by applicable law.

You agree that we have no obligation to provide support relating to our Service. You further agree that the mobile application store from which you obtained an Applibot App or any service available on any Applibot App (including the Apple App Store and Google Play) has no obligation whatsoever to furnish any maintenance and support services with respect to the Applibot Apps. We may provide limited support to users who contact us via the “Communications” section of these TOS below, however, we may discontinue such support at any time.

You agree that the Applibot Apps and Sites may automatically download and install updates, upgrades and additional features that Applibot deems reasonable, beneficial to you and/or reasonably necessary.

You may not use or otherwise export or re-export our Service except as authorized by United States law and the laws of the jurisdiction in which our Service was obtained. In particular, but without limitation, our Service may not be exported or re-exported (a) into any US-embargoed countries or a country designated by the US government as a “terrorist-supporting” country or (b) to anyone on the US Treasury Department's Specially Designated Nationals List or the US Department of Commerce Denied Persons List or Entity List. By using our Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by US law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

A. US Government Users

Our Service and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

B. Disputes

As used in these TOS, “Dispute” means any dispute, claim, demand, action, proceeding, or other controversy between you and Applibot concerning our Service and your or Applibot's obligations and performance under these TOS, Applibot’s Privacy Policy or with respect to our Service, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statute (including, without limitation, consumer protection and unfair competition statutes), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute” will be given the broadest possible meaning allowable under law. However, “Dispute” does not include a claim to enforce or protect, or concerning the validity of, any of your or Applibot’s (or any of Applibot’s licensors’) intellectual property rights or a claim related to, or arising from, allegations of theft, piracy, or unauthorized use. You acknowledge that Apple is not responsible for addressing any Disputes.

C. Mediation and Binding Arbitration

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

You may opt out of arbitration within a limited period. Please see “Opt-Out Right” below.

Informal Negotiation. You and Applibot agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and Applibot otherwise agree in writing, the time for informal negotiation will be sixty (60) days from the date on which you or Applibot provides written notice of the Dispute. You and Applibot agree that neither will commence arbitration before the end of the time for informal negotiation.

Binding Arbitration. If informal negotiation is not effective, arbitration shall be conducted before a single arbitrator under the Commercial Rules of the American Arbitration Association (AAA), including the AAA’s Supplementary Procedures for Consumer Related Disputes. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Commercial Rules, Consumer Due Process Protocol and the Supplementary Procedures for Consumer Related Disputes. Unless the claim is for more than US$10,000, the arbitration shall be conducted solely through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. Nothing herein will prevent Applibot or you from pursuing a claim in small claims court with applicable jurisdiction.

Limitation. You and Applibot agree that any arbitration shall be limited to the Dispute between Applibot and you individually. YOU AND APPLIBOT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Applibot agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this provision is determined to be unenforceable, then the entirety of this Mediation and Dispute Resolution section shall be null and void.

Opt-Out Right. You can reject and opt out of this binding arbitration agreement within thirty (30) days of your first use of our Service by contacting Applibot at the “contact” page on the Service with your first and last name and the e-mail address associated with your account and stating your intent to opt out of the binding arbitration. Note that opting out of this arbitration agreement does not affect any other part of these TOS, including the provisions regarding controlling law or in which courts any disputes must be brought.

This section survives termination of these TOS.

D. Governing Law

The laws of the State of California, USA, excluding its conflicts of law rules, govern these TOS and your use of our Service. Your use of our Service may also be subject to other local, state, national, or international laws. In the event that the agreement above to arbitrate is not effective for any reason, you hereby agree to personal jurisdiction by and venue in the federal and state courts of Los Angeles, California, USA for all disputes in connection with these TOS or any dispute of any sort that might arise between you and us or our affiliates. We and you agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to these TOS or to any dispute or transaction arising out of these TOS.

All services hereunder are offered by Applibot, Inc., which may be reached at support_global@applibot.co.jp, or by physical mail at Applibot, Inc., Abema Towers, 40-1 Udagawacho Shibuya-ku, Tokyo Japan 150-0042. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1725 North Market Blvd/. Suite N-112, Sacramento, California 95834 or by telephone at (800) 952-5210.

E. Disputes

Resolving disputes without going to court: if we are unable to resolve disputes with you, you may request that alternative dispute resolution (“ADR”) is used. ADR is a process for resolving disputes between you and us that does not involve going to court. We will provide you with the name and website address of an ADR provider that would be competent to deal with your issue

To the extent permitted by your local laws, the laws of England and Wales govern these TOS and your use of our Service. You can bring claims against us in the courts of the country you live in and we can claim against you in the courts of the country you live in.

If any of the terms or conditions of these TOS shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these TOS.

No delay or failure to take action under these TOS shall constitute any waiver by us of any provision of these TOS.

These TOS, the Privacy Policy, and any other policies posted in our Service from time to time, constitute the complete agreement between you and Applibot with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and Applibot.