Terms of Service
Effective Date: December 18, 2025
Last Updated: December 18, 2025
Version: 1.0
These Terms of Service (hereinafter “these Terms”) establish the terms and conditions for use of the mobile application “NameMemory” (hereinafter “the App”) provided by KasamiWorks (Representative: Tomohisa Kasami, hereinafter “the Developer”).
Please read these Terms before using the App. By using the App, you are deemed to have agreed to these Terms.
1. Scope of Application
These Terms apply to all relationships regarding the use of the App between users and the Developer.
2. User Registration
The App can be used without account registration or entering personal information.
Users shall use the App at their own responsibility.
3. Age Restrictions and Use by Minors
3.1 Age Requirements
The App restricts use by persons of the following ages:
- United States and many countries: Persons under 13 years old cannot use the App
- EU member states and certain other regions: Persons under 16 years old cannot use the App (13-15 years old in some member states)
3.2 Reason for Age Restrictions
Important: This restriction is not because the App’s content is inappropriate for children.
Because the App handles personal information such as photos and names, it is subject to the following laws:
- US COPPA (Children’s Online Privacy Protection Act): Collection of personal information from children under 13 requires strict procedures such as clear parental consent
- EU GDPR Article 8: Processing of personal data of children under 16 requires parental consent (13-15 years old in some member states)
As an individual developer, to avoid addressing these complex legal procedures and the risk of high fines, use by persons under the target age is declined.
3.3 Age Verification
- By agreeing to these Terms of Service and Privacy Policy, users confirm that they are of the target age or older.
- False declarations constitute a violation of these Terms.
3.4 For Parents and Guardians
If your child under the target age is using the App:
3.5 Developer’s Response Measures
- Age restriction settings in app stores (13+/16+)
- Clear indication of age requirements on the Terms of Service/Privacy Policy consent screen (at first launch)
- If use by a person under the target age is discovered, assistance with discontinuation of use based on reports from parents or guardians
4. Management of Usage Environment
Users shall appropriately manage their own devices and communication environments and shall be responsible for saving, deleting, and backing up data.
All data created and saved in the App is stored on the user’s device.
5. Prohibited Acts
Users shall not engage in the following acts when using the App.
- Acts that violate laws or public order and morals
- Acts that cause inconvenience or damage to others
- Acts such as unauthorized access, reverse engineering, etc.
- Using the App for unauthorized or commercial purposes
- Acts that damage the reputation of the App or the Developer
6. Intellectual Property Rights
Copyrights and other intellectual property rights relating to the design, name, source code, etc. of the App belong to the Developer or legitimate rights holders.
7. Disclaimers and Limitation of Liability
7.1 Disclaimer of Warranties
The Developer does not warrant the following regarding the App:
- Completeness, accuracy, usefulness
- Freedom from errors or bugs
- Uninterrupted operation
- Fitness for a particular purpose
7.2 Limitation of Liability
To the maximum extent permitted by applicable law, the Developer shall not be liable for any damages arising from the use of the App.
Exceptions where the Developer is liable:
- Damages due to intent or gross negligence → Full compensation
- Damages due to ordinary negligence → Limited to the following:
- Damages to life, body, or health → Full compensation
- Property damages → Limited to direct and normally foreseeable damages (excluding special damages and lost profits)
7.3 Data Loss
The Developer is not liable for data loss due to device failure, loss, initialization, etc.
Recommended: Regular backups (export function) implementation
7.4 Limit on Damages
When the Developer is liable, the compensation amount is limited to direct and normal damages and does not include special damages, indirect damages, or lost profits.
7.5 Priority of Consumer Protection Laws
This provision applies to the extent that it does not conflict with the Consumer Contract Act, EU Consumer Rights Directive, or mandatory laws of each country. Rights protected by these laws are not restricted.
8. Integration with External Services
The App uses external services (e.g., Avataaars.io) for avatar image generation.
In this communication, technical information such as IP addresses may be transmitted to external services.
The Developer is not responsible for the operation or data processing of these external services.
Integration for In-App Purchase Verification:
- Destinations: Google Play Developer API / Apple VerifyReceipt API / Our verification server
- Purpose: Validate purchase legitimacy and prevent fraud
- Information sent: Purchase token/receipt, platform type, app version, timestamp (including IP inherent to network communication)
- If verification fails: After a short grace period, re-verification will be attempted. Continued failure may temporarily disable access to paid features (store refund policies take precedence).
Restore Purchases and Refunds:
- Restore purchases: Settings > Purchase > “Restore purchases”. The same Google/Apple account used for the original purchase is required. Cross‑platform restore (Android ↔ iOS) is not supported.
- Refunds: Follow Google Play/App Store policies and procedures. The Developer cannot issue refunds directly.
- Note (2025‑11‑12): Verification and restore logic were improved. If paid features are locked after updating, run “Restore purchases” and restart the app. Contact support if the issue persists.
Google ML Kit (Face Detection):
- Processing occurs on-device; photos and face data are not sent to external servers for detection.
- On first use, ML models may be downloaded to your device from Google (e.g., via Google Play services); this does not transmit your photos or personal data.
- You may continue to use the App without camera permissions by registering without photos or using avatars.
9. Changes or Termination of Service
The Developer may change the content of the App or terminate its provision without notice, but will endeavor to provide advance notice whenever possible.
The Developer is not liable for damages resulting from termination of app provision.
10. Governing Law, Dispute Resolution, and Language
10.1 Governing Law
The interpretation and application of these Terms shall be governed by Japanese law.
Important exceptions:
In the following cases, local laws shall take precedence:
- EU residents: EU laws such as GDPR
- US residents: Consumer protection laws of each state
- Other regions: Consumer protection laws applicable as mandatory laws
10.2 Jurisdiction
Disputes regarding the App shall be subject to the jurisdiction of the following courts:
Principle: Tokyo District Court or Japanese courts with jurisdiction over the Developer’s location
Consumer protection exceptions:
- EU residents: Can also file suit in courts of their place of residence (Regulation 1215/2012)
- US residents: Can also file suit in courts of their state of residence (under state law)
10.3 Language and Translation
Priority of contract languages:
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In the case of consumer (B2C) contracts:
- The language version selected by the user takes precedence
- If there are contradictions between Japanese, English, or other language versions, the language version actually agreed to by the user shall apply
- This is in accordance with the EU Consumer Rights Directive and consumer protection laws of each country
-
Reference for legal interpretation:
- If questions arise regarding interpretation in the course of dispute resolution, the parties may consider the English version as a reference version. However, this does not override the validity of the language version agreed to by the user.
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Translation accuracy:
- The Developer strives to ensure translation accuracy but cannot guarantee complete consistency due to limitations of automatic translation tools
- If there are serious questions, please contact contact.kasamiworks@gmail.com
10.4 Alternative Dispute Resolution (ADR)
Prior to litigation, resolution by the following methods is recommended:
11. Copyright Infringement Claims (DMCA Compliance)
11.1 Clarification of Scope
Important: The App stores user data only on-device, and the Developer cannot access the data. Therefore, for the following reasons, it is outside the scope of normal DMCA takedown requests:
- The Developer does not host user-generated content
- The Developer does not have authority to view or delete user data
11.2 Notice Contact
However, claims regarding copyright infringement of the App itself will be accepted at the following:
11.3 Notice Contents
Copyright infringement claims should include the following:
- Signature of the copyright owner (electronic signature acceptable)
- Identification of the infringed copyrighted work (title, URL, etc.)
- Identification of the infringing location (specific functions, screens, etc. within the App)
- Contact information (email address, phone number)
- Declaration of good faith claim
- Declaration of accuracy under penalty of perjury
11.4 Response Measures
If determined to be a legitimate claim, the following measures will be taken:
- Correction or deletion of the relevant app function
- Response in the next update (in urgent cases, emergency deletion request to app store)
12. Changes to the Terms
- These Terms may be changed as necessary in response to legal revisions or operational needs.
- If there are changes, they will be announced on the App or related website.
© 2025 KasamiWorks. All rights reserved.