Shubo — 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) "Photo Library" means the photographs and videos on the device of the User;
• (c) "Shubo Pro" means the in-app purchase described in the Article entitled "Shubo Pro"; and
• (d) "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.

iOSIn the case of the iOS version, which is distributed through the App Store, the licence granted under this Article is further subject to the Apple Media Services Terms and Conditions, including the Licensed Application End User License Agreement, and to the usage rules set forth therein.

AndroidIn 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 (Shubo Pro)

The Application may be used free of charge, subject to the limits on the number of groups per day and on other features that are described in the Application. Shubo Pro is a one-time in-app purchase and not a subscription: it is purchased once, entails no recurring charge, and removes such limits and unlocks the additional features described in the Application at the time of purchase. The Application contains no advertising.

iOSThe price of Shubo Pro is the price displayed in the App Store for the region of the User at the time of purchase, and may be changed for future purchasers. The purchase is sold and processed by Apple; the Developer accepts no payments and does not receive the payment details of the User. Shubo Pro remains associated with the Apple Account through which it was purchased, and the User may restore it on the User's other devices from within the Application.

iOSRefunds are handled by Apple in accordance with its own policy and not by the Developer, and any request for a refund shall be submitted to Apple through reportaproblem.apple.com. Where a purchase is refunded, the features of Shubo Pro cease to be available. The User may nonetheless contact the Developer where the purchase did not function as intended.

AndroidThe price of Shubo Pro is the price displayed in Google Play for the region of the User at the time of purchase, and may be changed for future purchasers. The purchase is sold and processed by Google; the Developer accepts no payments and does not receive the payment details of the User. Shubo Pro remains associated with the Google account through which it was purchased, and the User may restore it on the User's other devices from within the Application.

AndroidRefunds are handled in accordance with the refund policies of Google Play, and any request for a refund shall be submitted through Google Play. Where a purchase is refunded, the features of Shubo Pro cease to be available. The User may nonetheless contact the Developer where the purchase did not function as intended.

Article 4 (Deletion of Photographs and Videos)

The Application deletes an item of the Photo Library only after the User has marked it, reviewed the items so marked, and confirmed the deletion in a dialog of the operating system. A deleted item is moved to the recently deleted items of the device, from which the User may recover it within the period set by the operating system, after which it is deleted permanently by the operating system. The Developer does not hold any copy of the Photo Library and is unable to recover any item that has been deleted.

The User is solely responsible for the decision to delete any item, and is encouraged to keep a backup of any photograph or video that the User does not wish to lose. Demo Mode, described in the Application, never deletes any item.

Article 5 (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 6 (Open-Source Software)

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

Article 7 (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 8 (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 date or place shown for a photograph is free of error, that any statistic of the space freed is exact, 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 9 (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 item of the Photo Library that the User has deleted by means of the Application. 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 10 (Apple) iOS

These Terms are concluded solely between the User and the Developer, and not with Apple. Apple is not responsible for the Application or the content thereof.

• (a) Apple has no obligation to provide any maintenance or support services with respect to the Application; such support is provided by the Developer at the address set forth in these Terms.
• (b) In the event of any failure of the Application to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price of the Application, if any, to the User. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Application.
• (c) Apple is not responsible for addressing any claim by the User or any third party relating to the Application, including (i) product liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy or similar legislation.
• (d) In the event of any third-party claim that the Application infringes the intellectual property rights of that third party, the Developer, and not Apple, shall be responsible for the investigation, defence, settlement and discharge of such claim.
• (e) The User represents that the User is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that the User is not listed on any U.S. Government list of prohibited or restricted parties.
• (f) Apple and its subsidiaries are third-party beneficiaries of these Terms and shall have the right to enforce these Terms against the User.

Article 10 (Google Play) Android

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 11 (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 12 (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 13 (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 14 (Contact)

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