Dayglass for Android — Terms of Use

Article 1 (Definitions)

In these Terms, the following terms shall have the meanings set forth below:

• (a) "User" means any person who installs or uses the Application;
• (b) "User Data" means the days, the photographs, videos, voice recordings, text and stickers, and the settings the User keeps in the Application; and
• (c) "Store" means the application distribution service through which the User obtained the Application.

Article 2 (Grant of Licence)

The Developer grants to the User a personal, non-exclusive, non-transferable and revocable licence to install and use the Application on devices owned or controlled by the User. The Application is licensed, not sold, and the Developer reserves all rights in the Application that are not expressly granted to the User under these Terms.

In the case of the Android version, the licence granted under this Article is further subject to the Google Play Terms of Service, which govern the Store through which the Application is distributed.

Article 3 (Price)

The Application is provided free of charge and contains no purchases and no advertising. Exporting User Data from the Application is free of charge and shall remain so.

Article 4 (User Data)

The User retains all rights in the User Data. The Developer acquires no right in the User Data and does not hold it: as set forth in the Privacy Policy, User Data is kept on the device of the User and in the User's own cloud storage.

The User is responsible for the User Data, including for having the right to keep in the Application any photograph, video or recording of another person.

Article 5 (Backup and Export)

Backup of User Data is carried out to the User's own Google Drive, which is provided by Google and is subject to the terms between the User and Google, including the storage available to the User.

As the Developer does not hold User Data, the Developer is unable to restore any User Data that is lost. The Application shows the state of the backup and allows the User to export all User Data to a file; the User is encouraged to keep such a file of any User Data that the User does not wish to lose.

Article 6 (Prohibited Acts)

The User shall not engage in any of the following acts:

• (a) copying, redistributing, reselling or renting the Application, or presenting the Application as the User's own;
• (b) decompiling or reverse engineering the Application, except to the extent that applicable law, or a licence of open-source software included in the Application, expressly permits such acts notwithstanding a contractual provision to the contrary; or
• (c) using the Application in violation of any law or of the rights of any other person.

Article 7 (Open-Source Software)

The Application includes open-source software, which is credited in the Application under "Open-source licenses" and is used under the licences of that software. Nothing in these Terms restricts any right the User has under those licences in respect of that software.

Article 8 (Modification and Discontinuation of the Application)

The Application is under continuous development, and the Developer may add, modify or withdraw any feature thereof; a future version may require a more recent version of the operating system. The Developer may discontinue the distribution of the Application in its entirety. A copy of the Application already installed shall remain usable for so long as the device of the User and the Store permit; provided, however, that the Developer gives no assurance that any particular feature will remain available indefinitely.

Article 9 (Disclaimer of Warranties)

The Application is provided "as is" and "as available". To the extent permitted by applicable law, the Developer makes no warranty with respect to the Application, including without limitation any warranty that the Application will operate without interruption or error, that any count of days or date shown by the Application is free of error, or that any reminder will be delivered at a particular time. Where the laws of the country of the User do not permit such exclusions, this Article shall apply only to the extent so permitted.

Article 10 (Limitation of Liability)

To the extent permitted by applicable law, the Developer shall not be liable for any indirect or consequential loss, loss of profit or loss of data arising from the use of the Application by the User, including the loss of any User Data. The aggregate liability of the Developer for any claim in connection with the Application shall be limited to the amount paid by the User for the Application during the twelve (12) months preceding such claim.

Notwithstanding the foregoing, nothing in these Terms shall limit any liability that cannot be limited under applicable law, including liability for death or personal injury caused by negligence and liability for fraud.

Article 11 (Google Play)

Google is not a party to these Terms, which are concluded solely between the User and the Developer, and Google is not responsible for the Application. The use of Google Play by the User is governed by the Google Play Terms of Service, and any matter concerning the Store itself, including the account of the User and any download, shall be a matter for Google.

Article 12 (Termination)

The User may terminate the agreement constituted by these Terms at any time by deleting the Application. The Developer may terminate such agreement in the event of a material breach of these Terms by the User. Those provisions which by their nature are intended to survive termination, including the disclaimer of warranties and the limitation of liability, shall survive any such termination.

Article 13 (Governing Law and Jurisdiction)

These Terms shall be governed by and construed in accordance with the laws of Japan, and the Tokyo District Court shall be the court of first instance for any dispute arising out of or in connection with these Terms. Notwithstanding the foregoing, where the User uses the Application as a consumer, nothing in this Article shall deprive the User of the protection afforded by the mandatory consumer protection laws of the country in which the User resides, or of any right of the User to bring proceedings in such forum as those laws may permit.

Article 14 (Amendment of these Terms)

In the event that the Developer amends these Terms, the Developer shall revise the date of last update indicated at the top of this page, and shall give notice of any material amendment on this website before such amendment takes effect. The continued use of the Application by the User thereafter shall constitute acceptance of the amended Terms; a User who does not accept the amended Terms shall delete the Application.

Article 15 (Contact)

Inquiries concerning these Terms shall be directed to Shosin Labs at support@shosin-labs.com.