Terms of Service - QR Scavenger Hunt & Digital Scavenger Hunt Creator

Note: This is a translation of the original Japanese Terms of Service for reference purposes only. In the event of any discrepancy between this translation and the Japanese original, the Japanese version shall prevail.

These Terms of Service (hereinafter referred to as "these Terms") set forth the conditions of use for the services (hereinafter referred to as "the Service") provided by GOWAS LLC (hereinafter referred to as "the Company") on Petanco. Both service providers (hereinafter referred to as "Providers") and service participants (hereinafter referred to as "Participants") must read these Terms in their entirety and agree to them.

Article 1 — Application

These Terms shall apply to all relationships between Providers and Participants and the Company regarding the use of the Service.
The Company may establish rules and other provisions (hereinafter referred to as "Individual Provisions") regarding the use of the Service in addition to these Terms. Such Individual Provisions, regardless of their name, shall constitute a part of these Terms.
In the event of any conflict between these Terms and the Individual Provisions referred to in the preceding paragraph, the Individual Provisions shall prevail unless otherwise specified therein.

Article 2 — Definitions

"Provider" refers to a person who has completed the user registration procedure pursuant to Article 3, Paragraph 2 and uses the Service (including services provided through both free and paid features).
"Participant" refers to a person who participates in a campaign (as defined in Paragraph 4 of this Article) created by a Provider using the Service.
"User" refers to both Providers and Participants.
"Campaign" refers to a service created by a Provider using the Service.
"User Registration" refers to the procedure prescribed by the Company for registration as a service provider on the Company's servers.
"Password" refers to a string of characters and numbers registered by the Provider at the time of user registration or changed thereafter to identify the Provider.
"Registration Information" refers to information such as username, email address, password, and other information registered by the Provider at the time of user registration.
"Reported Information" refers to information reported by the Provider to the Company, including registration information as well as address, name, phone number, bank account, credit card number, and similar information.
"Participant Attribute Information" refers to information such as the Participant's address, name, email address, phone number, location information and date/time during campaign participation, previously used services and purchased products, pages and advertisements viewed, usage time periods, usage methods, usage environment, and other information obtainable by the Company through the Participant's use of the Service.
"Obtained Information" refers to all information about Users obtained by the Company, including information defined in Paragraphs 6 through 8 of this Article, as well as IP addresses, usage status, history, location information, devices used, and the fact of failed credit card payments.
"Personal Information" refers to information that can identify a specific User (including information that can be easily cross-referenced with other information to identify a specific User) and that contains personal identification codes.
"Content" refers to all information including text, images, videos, music, audio, and other materials.
"User Content" refers to content that a User has saved on the Company's servers by uploading to the Service.
"Anonymized Information" refers to information obtained by processing a User's personal information so that a specific individual cannot be identified, either by deleting part of the descriptions contained therein or by deleting all personal identification codes contained therein.
"Personal Identification Code" refers to characters, numbers, symbols, or other codes that fall under either of the following:
1. Characters, numbers, symbols, or other codes converted for computer use from characteristics of a specific individual's body that can identify such individual.
2. Characters, numbers, symbols, or other codes assigned in connection with services provided to individuals or products sold to individuals, or described on cards or other documents issued to individuals, or recorded by electromagnetic means, that are assigned, described, or recorded differently for each user, purchaser, or recipient, enabling identification of a specific user, purchaser, or recipient.

Article 3 — Application, Formation, and Cancellation of Service Agreement

Participants may use the functions of the Service prescribed by the Company, such as participation in campaigns, by agreeing to these Terms through the procedures prescribed by the Company.
By completing user registration, a Provider may use the services prescribed by the Company, such as creating campaigns, as a Provider of the Service.
A user wishing to register (hereinafter referred to as the "Applicant") shall agree to these Terms and complete the registration procedure prescribed by the Company.
The Company may, at its discretion, decline user registration if the application falls under any of the following:
1. The Applicant has previously been subject to the measures prescribed in Article 19, Paragraph 1 due to a violation of these Terms, or falls or may fall under any of the items in Article 20, Paragraph 1.
2. The Company otherwise deems registration inappropriate.
Separately from the preceding paragraph, the Company may, at its discretion, cancel user registration if it determines that the application or registration information falls under any of the following, regardless of whether such determination is made before or after registration:
1. The Applicant or Provider does not exist.
2. The Applicant or Provider does not have a functional email address.
3. The Applicant or Provider is currently subject to or has previously been subject to the measures prescribed in Article 19, Paragraph 1, or falls or may fall under any of the items in Article 20, Paragraph 1.
4. The application or registration information contains false statements made intentionally or through gross negligence.
5. The Applicant or Provider is a minor, adult ward, person under curatorship, or person under assistance, and the registration was not performed by a guardian or without the consent of a legal representative, curator, or assistant.
6. The Company otherwise deems the user registration of the Applicant or Provider inappropriate.

Article 4 — Agreements Regarding Service Provision

The Company may limit Participants who can receive the Service to those who meet conditions deemed necessary by the Company, such as age and identity verification.
The Company may display advertisements of the Company or third parties within the Service.
The Company does not guarantee that the Service (including Company-provided content) is free from defects in fact or law (including but not limited to defects related to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, errors, bugs, and infringement of rights). The Company is not obligated to provide the Service free of such defects.
If the Company determines that a User is using the Service in violation of these Terms, the Company shall take measures it deems necessary and appropriate. However, the Company does not guarantee to Users or third parties that Users or other parties will not violate these Terms, nor is the Company obligated to prevent or correct such violations.
The Service may collect and store User location information through location services (any services that identify the location of a User's device using cell tower, Wi-Fi, GPS, or similar technologies) available through the mobile operating system of the User's device.

Article 5 — Service Suspension

The Company may suspend all or part of the Service without prior notice in any of the following cases:
1. When urgent maintenance or inspection of the computer system related to the Service is required.
2. When computers or communication lines are stopped due to an accident.
3. When the Service cannot be operated due to force majeure such as earthquakes, lightning, storms, power outages, or natural disasters.
4. When the Company otherwise deems suspension necessary.
The Company may suspend all or part of the Service with prior notice on its website in any of the following cases:
1. When maintenance or inspection of the computer system related to the Service is required.
2. When necessary for improvement or modification of the Service.
3. The Company shall not be liable for any damage incurred by Users due to suspension under this Article.

Article 6 — Changes to or Termination of the Service

The Company may change the content of the Service or terminate the provision of the Service at the Company's convenience without prior notice.
The Company shall not be liable for any damage incurred by Users due to measures taken under this Article.

Article 7 — Usage Environment

Users shall prepare the necessary personal computers, smartphones, communication equipment, operating systems, communication methods, and electricity at their own expense and responsibility when using the Service.

Article 8 — Password Management

Providers shall properly manage and store passwords related to the Service at their own responsibility, and shall not allow third parties to use, lend, transfer, change the name of, or sell their passwords.
The Company may regard all actions performed using a registered password as actions of the Provider.
The Provider shall bear responsibility for any damage resulting from inadequate management, errors in use, or use by third parties of passwords, and the Company shall not be liable.

Article 9 — Changes to Reported Information

If there are any changes to the information reported to the Company at the time of user registration, the Provider shall promptly report the changes through the method prescribed by the Company.

Article 10 — Handling of Content

Users represent and warrant that they have the rights necessary to upload User Content to the Service (including owning copyrights, portrait rights, etc., or having the right to use others' such rights), that uploading does not infringe on others' rights, and that they have the right to grant the permissions set forth in Paragraphs 6 and 7 of this Article.
Providers shall retain all rights they have in their User Content as before.
As part of providing the Service, the Company may provide content available for Providers to use within the Service ("Company-Provided Content"). Providers may use Company-Provided Content at their own responsibility but shall not use it beyond the intended manner of use of the Service (including reproduction, sale, publication, broadcasting, public transmission, etc.).
The Company may review the content of User Content when it is necessary to confirm compliance with laws or these Terms. However, the Company is not obligated to conduct such reviews.
If the Company determines that a Provider has violated or may violate laws or these Terms in relation to User Content, or when there is a business necessity, the Company may make the Service or User Content unavailable by deleting User Content from its servers or by other means, without prior notice to the Provider.
The Company may introduce campaigns created by Providers and made available to Users (including those with a history of being made available) on websites, media, software, applications, products, documents, etc. operated by the Company or third parties, and the Provider agrees to this in advance. In this case, the Provider grants the Company and such third parties permission to use User Content uploaded by the Provider to the extent necessary, the Provider shall not exercise moral rights of authorship, and the Provider acknowledges that no compensation will be paid to the Provider.
The Company may provide to third parties information collected based on campaigns created by Providers and made available (including those with a history of being made available) regarding Participant attributes (excluding personal information), and Users agree to this in advance. Users acknowledge that no compensation will be paid.

Article 11 — Ownership of Rights

All intellectual property rights related to the Service belong to the Company or those who have licensed them to the Company. The license to use the Service under these Terms does not constitute a license to use the intellectual property of the Company or its licensors.
The Company has the right to use any feedback, requests, and suggestions from Users without the User's permission.

Article 12 — Handling of Personal Information

The handling of Users' personal information shall be governed by these Terms and the Company's Privacy Policy.
The Service does not have functionality to acquire or accumulate behavioral history (such as location information or operation history) by individual Participant identification.

Article 13 — Confidentiality

All intellectual property rights related to the Service belong to the Company or those who have licensed them to the Company. The license to use the Service under these Terms does not constitute a license to use the intellectual property of the Company or its licensors.
The Company shall treat User Content confidentially, except where prior written consent of the Provider has been obtained or as provided in Article 10 (Handling of Content).
Providers shall treat confidentially any non-public information disclosed by the Company that the Company has requested be treated as confidential in connection with the Service, except where prior written consent of the Company has been obtained.
Notwithstanding the preceding two paragraphs, neither the Company nor Providers shall be obligated to maintain confidentiality with respect to the following information. However, this shall not apply to personal information.
1. Information that was already publicly known or generally available at the time of disclosure by the other party.
2. Information that became publicly known or generally available after disclosure by the other party through no fault of the receiving party.
3. Information that the receiving party can prove it already possessed at the time of disclosure by the other party.
4. Information that the receiving party can prove it independently developed without using confidential information after disclosure by the other party.
5. Information lawfully obtained from a third party without an obligation of confidentiality.

Article 14 — Prohibition of Assignment

Users may not assign, transfer, pledge, or otherwise dispose of their contractual status or rights and obligations under the Service to any third party without the prior written consent of the Company.

Article 15 — Prohibited Activities

Users shall not engage in any of the following activities or activities the Company deems to fall under any of the following when using the Service:
1. Activities that violate laws, regulations, or these Terms of Service.
2. Tortious acts against the Company, other Users of the Service, or other third parties.
3. Activities contrary to public order and morals.
4. Activities that infringe on the intellectual property rights, portrait rights, privacy rights, reputation rights, or other rights or interests of the Company, other Users, or other third parties.
5. Uploading content through the Service that falls under or the Company deems to fall under any of the following:
  1. Information containing computer viruses or other harmful computer programs.
    1. Information containing expressions that defame the reputation or credibility of the Company, other Users, or other third parties.
    2. Information containing antisocial expressions or expressions that cause discomfort to others.
    3. Information such as chain emails that seek to spread information to third parties.
  2. Information intended to discriminate based on race, creed, gender, social status, or family origin.
  3. Information that infringes on the intellectual property rights, portrait rights, or privacy rights of the Company, Users, or other third parties.
  4. Information that could identify an individual, such as a home address (including the User's own).
6. Activities that place an excessive burden on the Service's network or systems.
7. Activities that may interfere with the operation of the Service.
8. Unauthorized access or attempted unauthorized access to the Company's network or systems.
9. Impersonation of a third party.
10. Using the ID or password of another User of the Service.
11. Collecting information of other Users of the Service.
12. Activities that cause disadvantage, damage, or discomfort to the Company, other Users, or other third parties, including but not limited to:
  1. Trespassing on or lingering near the residences or properties managed by Users or third parties.
  2. Walking or driving vehicles while using a mobile operating system in a manner that obstructs traffic or poses a risk of accident to those nearby.
  3. Reverse engineering, decompiling, disassembling, or otherwise analyzing all or part of the Service.
  4. Activities that cooperate with or are involved in the maintenance, operation, or management of antisocial forces.
  5. Religious activities or solicitation for religious organizations.
  6. Collecting, disclosing, or providing personal information or registration information of third parties without permission.
  7. Activities that directly or indirectly cause or facilitate any of the foregoing.
  8. Any other activities the Company deems inappropriate.
Providers shall alert Participants in their campaigns to comply with the prohibited activities set forth in Paragraph 1 of this Article.

Article 16 — Usage Fees

Usage fees and service content shall be announced on the Company's website.
Regarding revision of usage fees: The Company may revise or partially change usage fee amounts without the consent of the Provider, and the Provider shall pay the revised usage fees by the method designated by the Company.
Regarding late payment: If payment of usage fees cannot be confirmed, the Provider shall, upon request by the Company, immediately pay the unpaid amount plus late payment damages at an annual rate of 14.6% by the method designated by the Company. If payment cannot be confirmed, the Company may take measures to suspend or terminate the Service in accordance with Articles 17 and 23.

Article 17 — Support

Support for Users regarding the Service shall be provided through the inquiry form placed at appropriate locations within the Company's website or by methods designated by the Company.

Article 18 — Cancellation by Provider

Providers may delete their account and terminate their use of the Service at any time. In such cases, information held by the Company relating to the Provider shall be processed in accordance with the Personal Information Protection Act, other related laws, and the Company's Privacy Policy. The Company may delete User Content created by such Provider and shall not be obligated to retain backups or other information.

Article 19 — Suspension of Use

If the Company determines that a Provider or Participant has violated or may violate these Terms, the Company may suspend use of the Service without prior notice to such Provider or Participant. In such cases, campaigns created by such Provider shall become unavailable.
In the case of Paragraph 1, the Company shall not be liable for any damage incurred by such Provider or Participant. The same shall apply to any damage incurred by Participants who were participating in campaigns created by such Provider.
The Company may allow Users to log in to the Service using accounts provided by other businesses (hereinafter referred to as "Third-Party Accounts"). However, if such Third-Party Account is deleted or otherwise no longer authenticated by the business providing it, the User will no longer be able to log in to the Service using such Third-Party Account. The Company shall not be liable for such situations.

Article 20 — Account Deletion

If a Provider or Participant falls under any of the following, the Company may, without prior notice or demand, terminate the service agreement, delete the account, and erase User Content of such Provider or Participant:
1. Violation of any provision of these Terms.
2. Discovery of false information in registration details.
3. Suspension of payments, inability to pay, or filing for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or similar proceedings.
4. Failure to respond to inquiries or other communications from the Company for more than 10 days.
5. Falling under any of the items in Article 3 (User Registration), Paragraph 4.
6. The Company otherwise deems continued use, registration, or the service agreement inappropriate.
If any of the items in the preceding paragraph apply, the Provider or Participant shall automatically forfeit the benefit of time for all debts owed to the Company and shall immediately pay all debts to the Company.
If the agreement is terminated and User Content is erased pursuant to Paragraph 1, the Company shall not be obligated to retain backups or other information.
If the agreement is terminated pursuant to Paragraph 1, the Company shall not be liable for any damage incurred by such Provider or Participant. The same shall apply to any damage incurred by Participants who were participating in campaigns created by such Provider.

Article 21 — Limitation of Company's Liability

The Company shall not be liable for any damage incurred by Users arising from the Service. However, if the contract between the Company and the User regarding the Service (including these Terms) constitutes a consumer contract as defined by the Consumer Contract Act and such Act applies, this disclaimer shall not apply.
Even in cases set forth in the proviso of the preceding paragraph, the Company shall not be liable for damages arising from special circumstances resulting from the Company's negligent breach of duty or tortious act. Furthermore, compensation for damages incurred by Users due to the Company's negligent breach of duty or tortious act shall be limited to the following amount:
1. The amount of usage fees received from such User in the month in which such damage occurred (for the Service provided free of charge, such amount shall be deemed to be ¥0).
The Company confirms that it shall have no involvement in and bear no responsibility to either party regarding disputes between Providers and Participants, including but not limited to:
1. Cases where a Participant is involved in an accident due to participation in a campaign created by a Provider.
2. Cases where a Participant meets certain conditions by participating in a campaign but the benefits offered by the Provider are not fulfilled.
3. Cases where a Participant participates in a campaign through fraudulent means or facilitates its completion.
4. Cases where a User suffers damage due to another User's violation of these Terms.
5. Cases where Participants can no longer use campaigns due to the Provider's deletion of their campaign or the Company's deletion of all or part of a campaign pursuant to these Terms.
6. Cases where other Users suffer damage due to the suspension of use or deletion of an account pursuant to these Terms.
7. Cases where a User defames the reputation or credibility of other Users or infringes on their privacy or portrait rights.
8. Any other disputes between Providers and Participants.

Article 22 — Indemnification

If the Company suffers any direct or indirect damage, loss, or expense (including attorney's fees) arising from a User's use of the Service in violation of laws or these Terms (including cases where the Company receives a claim from a third party to such effect), the Company shall claim such damages from such User.

Article 23 — Changes to These Terms

The Company may change these Terms and Individual Terms at any time without prior notice or notification when the Company deems it necessary. The revised Terms and Individual Terms shall take effect from the time they are posted at an appropriate location on the Company's website, and Users' continued use of the Service after any changes to these Terms and Individual Terms shall constitute valid and irrevocable consent to the revised Terms and applicable Individual Terms.

Article 24 — Communication and Notices

Notices, announcements, and other communications from the Company to Users regarding the Service shall be made by posting at appropriate locations on the Company's website or by other methods the Company deems appropriate.
Notices or communications from Users to the Company regarding the Service shall be made through the inquiry form placed at appropriate locations on the Company's website or by methods designated by the Company.

Article 25 — Severability

Even if any provision of these Terms or any part thereof is determined to be invalid under applicable laws, the remaining portions of these Terms shall continue in full force and effect.

Article 26 — Surviving Provisions

In addition to provisions specifically designated in each article, Article 8 (Password Management), Article 10 (Handling of Content), Article 11 (Ownership of Rights), Article 12 (Handling of Personal Information), Article 13 (Confidentiality), Article 14 (Prohibition of Assignment), Article 21 (Limitation of Company's Liability), Article 22 (Indemnification), Article 24 (Communication and Notices), Article 25 (Severability), this Article, Article 27 (Governing Law), and Article 28 (Jurisdiction) shall survive the termination of this agreement.

Article 27 — Governing Law

These Terms are written in Japanese as the authoritative text and shall be governed by the laws of Japan.

Article 28 — Jurisdiction

Any and all disputes arising from or related to these Terms or Individual Terms shall be subject to the exclusive jurisdiction of the district court having jurisdiction over the location of the Company's head office as the court of first instance.

Article 29 — Consultation

In the event of any issues arising between the User and the Company regarding the Service, the User and the Company shall consult in good faith and endeavor to resolve such issues.

Established: November 16, 2020