TERMS OF SERVICE

These Terms of Service (hereinafter referred to as the “Terms” or “Terms & Conditions” or “Terms of Use”) shall govern the relationship between Kana Only (hereinafter referred to the “Company” or “Kana Only” or “us” or “our” or “we”) and you (hereinafter referred to “you”or “your” or “user” or “users”) and shall govern your use of the mobile application, namely, ‘Kana Only’, as available on Apple App Store (hereinafter referred to as the “App” or “Platform”).

Kana Only is an educational app, that people can use to learn the two Japanese phonetic alphabets called ‘kana’. (“Service”)

Please read these Terms carefully, as these, along with our Privacy Policy statement forms the entire agreement between you and Kana Only. If you do not accept these Terms in its entirety, then you cannot use the App. Additionally, how we collect, use, store, share and transmit your data is governed by our Privacy Policy statement. These Terms of Service shall be read in conjunction with our Privacy Policy statement.

 

1.     Acceptance of the Terms of Service

By downloading, accessing or using our App or making any payment or contacting us in any way or clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:

i.         You have read, understood, and agreed to be bound by these Terms, any future updates and additions to these Terms, as published from time to time at the App.

ii.         You are of sound mind and at least of the age of majority as per the laws of State that you reside in, in order to form a binding contract with us. In case you are not of the age of majority, then you must have the permission of your lawful guardian to use and make purchases on the App.

iii.         You have read, understood and consented to our Privacy Policy statement.  

iv.         We have not previously disabled your account for the violation of law or any of our policies.

v.         You must not be prohibited as per the applicable law of the jurisdiction that you reside in, from availing our services.

 

2.     Use of the App

 i.  Allowed uses:

a)  Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with our services.

b)  Material: For the purposes of these Terms, “material” shall mean any text, sound, video, graphics, published on the App, whether a copyright of Kana Only, its owner, its licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the App. You must not reproduce any part of the App or the material or transmit it to or store it in any other application or disseminate any part of the material in any other form, unless we have indicated that you may do so.

ii.  Restricted uses:

a)  You are prohibited from using our services for any purpose, which is illegal, harmful, violent, unsafe and harassing.

b)  You will not access the App through automated or non-human means, whether through a bot, script, or otherwise.

c)  You must not misuse or interfere with the App or our services or try to access them using a method other than the interface and the instructions that we provide. You may use the services only as permitted by applicable law, and as per the directions provided by us.

d)  You must not:

  • republish material from this App;

  • sell, rent or sub-license material from the App;

  • show any material from the App in public without our consent;

  • edit or otherwise modify any material on the App (other than editing your own information as per the method provided);

  • reproduce, duplicate, copy or otherwise exploit material on our App for a commercial purpose; or

  • redistribute material from the App, except for content specifically and expressly made available for redistribution, or with our written consent and according to our terms;

  • infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party;

  • We reserve the right to restrict your access to any areas of our App, or indeed our whole App, at our discretion.

  • We reserve the right to discontinue our services from our App, at any time, at our sole discretion.

e)  You must not use our App in any way that causes, or may cause, damage to the App or impairment of the availability or accessibility of the App; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

f)  You must not use our App to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

g)  You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our App, without our express written consent.

 

3.     Ownership Rights

This App, its logos, trademark, trade dress, trade name, content, and information, shall remain the sole property of the Kana Only, its licensors or third parties, as the case may be. Your use of or access to this App or purchase of any of services shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this App. This App and the Content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this App are the exclusive property of, or are licensed to the Kana Only, and are protected. No use of a trademark, trade dress, trade name, design, or its content, appearing on this App may be made without the prior written permission of the Kana Only.

 

4.     Privacy

In order to see what data we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our App.

 

5.     Payments and Taxes

a)  You agree to pay for the services that you avail from us, and you authorize us to charge your debit or credit card or process other means of payment for those payment. You shall be responsible to borne all the applicable taxes (wherever applicable). We have in-app purchases which are facilitated by Apple App Store.

b)  We reserve the right to modify the prices of our services, or modify or discontinue such services, at any time, at our sole discretion, without any prior notice.

 

6.     Disclaimer

The App, and our services, are provided on an “as-is” and “as available” basis, and Kana Only (and our directors, licensors and affiliates) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of quality, learning, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement of the same. We make no warranty that the App or any of its services will meet your expectations, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, complete, or legal.

 

7.     Limitation of Liability

a)  To the maximum extent permitted by law, in no event shall our Company (or our licensors or affiliates) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use or purchase from, the App, even if Kana Only has been advised of the possibility of such damages. Access to, and use of, the App is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

b)  To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to amount of your order in question. The existence of more than one claim will not enlarge this limit.

 

8.     Legal Action

If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of Kana Only, by spreading hate, insulting, false, fake reviews or engaging in mala fide actions, strong legal actions will be taken immediately.

 

9.     Indemnity

You acknowledge to defend, indemnify and hold Kana Only, its officers and directors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable Attorneys’ fees, made by a third party, relating to, or arising from:

a)     Your violation of our rights, including without limitation to any right to privacy, publicity rights, defamation or intellectual property rights;

b)     Your wrongful or improper use of our services or App;

c)     Your violation of any applicable laws, rules or regulations;

d)     Your violation of these Terms or any other policy of ours as associated with our services;

e)     The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.

 

10.   Digital Millennium Copyright Act (“DMCA”) Notice

a)     DMCA Compliance:

Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that you believe to be residing on the Site, system or network should be promptly sent in the form of written notice to our designated agent:

 

Designated Agent (the “DMCA Agent”) for DMCA Notices:

Note: You may not send other notices or communications to the DMCA Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA.

 

b)     Filing a DMCA Notice:

Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:

  • Signature of copyright owner or person authorized to act on behalf of the owner;

  • Identification of copyrighted work claimed to be infringed;

  • Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;

  • Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);

  • A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.

It is our policy that, upon receiving of a valid DMCA notice, we will remove or disable access to allegedly infringing material. However, there are substantial penalties for false claims (see 17 U.S.C. § 512(f) - providing sanctions for material misrepresentations of copyright infringement).

 

c)     Filing a DMCA Counter-Notification:

If a notice of alleged copyright infringement under the DMCA has been wrongly filed against you, you may submit a counter-notification to our DMCA Agent. Specific requirements for a proper counter-notification are set forth in the DMCA (see 17 U.S.C. § 512(g)(3)).

 

A valid counter-notification must be a written communication that includes all of the following elements:

  • A physical or electronic signature;

  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and

  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.

Upon receipt of a valid counter-notification, we will forward it to the original complainant who submitted the DMCA notice alleging copyright infringement. The original complainant will then have ten days to notify us that it has filed a lawsuit relating to the allegedly infringing material otherwise we will restore the removed material or cease disabling access to it.

 

d)     Repeat Infringer Policy:

Pursuant to Section 512 of the DMCA, it is our policy to terminate the account of any repeat copyright infringer in appropriate circumstances.

 

11.   Governing Law and Dispute Resolution

i.         Governing Law: The Terms and any dispute arising from the same will be governed by applicable laws of the State of California (USA).

ii.         Exclusive Jurisdiction: All disputes must first be attempted to resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it before the appropriate courts situated in the State of California (USA).

 

12.   Notices

When you use the App or send emails to Kana Only, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this App. Kana Only will communicate with you by email or by posting notices on this App. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to support@kanaonlyapp.com.

 

13.   Miscellaneous

i.         Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms.

ii.         Breach: In case of any breach or threatened breach to the provisions of these Terms, we reserve the right to suspend your account, and your access to our App or services, at our sole discretion. In such cases, you shall not be eligible for any refund either, even for the services not availed by you.

iii.         Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.

iv.         Waiver: Our failure to insist on or enforce strict performance of these Terms of Service shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between us and you or any other party be deemed to modify any provision of these Terms.

v.         Survival: Notwithstanding any other provisions of these Terms of Service, or any general legal principles to the contrary, any provision of these Terms of Service that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms of Service, for any reason whatsoever.

vi.         No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service.

vii.         No Assignment: You may not assign these Terms of Service (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Kana Only, which may be withheld at Kana Only’s sole discretion. Any attempted assignment that does not comply with these Terms of Service shall be null and void.

viii.         Entire Agreement: The Terms, and our Privacy Policy, together with any additional terms and conditions executed between us, constitute the entire Agreement between Kana Only and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our App.

ix.         Force Majeure: Kana Only, its directors, employees, and its agents will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.

x.         Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the App after any amendments to the Terms shall constitute your acceptance to such amendments.

 

14.   Grievance Officer/Designated Representative

In the event you have any grievance regarding anything related to these Terms or Privacy Policy, or with any of the content or service of Kana Only, in that case you may freely write your concerns to the Grievance Officer/Designated Officer at:

 

15.   Feedback and Information

We welcome your questions or comments regarding the Terms. You can write to us via email: support@kanaonlyapp.com

 

Last updated on 7/5/2023.