Article 2: License Grant

2.1 Grant of License

The Company grants User a non-exclusive, non-transferable, revocable, limited license to use the Software for personal, non-commercial purposes, subject to the terms of this Agreement.

2.2 Scope of Use

User may use the Software to:

– Install on devices owned or controlled by User

– Use Software features for personal purposes

– Use within the scope of this Agreement and applicable laws

2.3 License Limitations

This license does NOT include:

– Sale, resale, or commercial use of the Software

– Redistribution, sublicensing, or lending of the Software

– Modification, alteration, or creation of derivative works

Article 3: Usage Restrictions

User shall not:

3.1 Prohibition of Reverse Engineering

– Decompile, disassemble, or reverse engineer the Software

– Attempt to extract or derive source code

– Analyze the structure or algorithms of the Software

3.2 Prohibition of Unauthorized Use

– Copy or reproduce the Software (except for backup purposes)

– Modify, alter, or adapt the Software

– Remove or alter copyright notices, trademarks, or other proprietary notices

3.3 Prohibition of Distribution

– Sell, rent, lease, or lend the Software

– Redistribute or sublicense the Software

– Transfer to third parties (including device sales)

3.4 Prohibition of Commercial Use

– Use the Software for commercial purposes (unless authorized by Company)

– Provide services using the Software

– Use for advertising or marketing purposes

3.5 Security Protection

– Circumvent, disable, or interfere with security features

– Exploit vulnerabilities in the Software

– Attempt unauthorized access or hacking

Article 4: Intellectual Property Rights

4.1 Ownership

All rights, title, and interest in the Software and all copies, modifications, and derivative works (including all intellectual property rights) belong to the Company and its licensors.

4.2 Trademarks

DRIVE:ON RADAR, logos, and other trademarks, service marks, and trade dress are trademarks or registered trademarks of the Company or its licensors. User may not use these marks without prior written permission from the Company.

4.3 Copyright

The Software is protected by copyright laws, international treaties, and other intellectual property laws.

4.4 Reserved Rights

All rights not expressly granted in this Agreement are reserved by the Company and its licensors.

Article 5: Privacy and Data Collection

5.1 Data Collection

In connection with use of the Software, the Company may collect certain data. Details regarding data collection, use, and protection are described in the separate “Privacy Policy.”

5.2 Location Information

The Software uses location services. Collection and use of location information is described in the Privacy Policy.

5.3 Consent

By using the Software, User consents to data collection and use as described in the Privacy Policy.

Article 6: Updates and Upgrades

6.1 Automatic Updates

The Software may be automatically updated or upgraded. These updates may include bug fixes, new features, and security patches.

6.2 No Obligation to Update

The Company has no obligation to provide updates or upgrades. However, if provided, all updates are subject to this Agreement.

6.3 Compatibility

Updates or upgrades may change Software functionality or compatibility.

Article 7: Subscriptions and Payment

7.1 Paid Features

Some Software features require subscription payment.

7.2 Payment Terms

Subscription fees are billed through the App Store. Payment and cancellation terms are subject to Apple’s payment terms.

7.3 Refunds

Subscription fees are generally non-refundable (except where required by law).

7.4 Price Changes

The Company reserves the right to change subscription fees with 30 days’ notice.

Article 8: Warranty Disclaimer

8.1 As-Is Basis

The Software is provided “AS IS” and “AS AVAILABLE.” To the maximum extent permitted by law, the Company disclaims all warranties, whether express, implied, or statutory.

8.2 No Warranty For

The Company does not warrant that:

– The Software will meet User’s requirements

– The Software will operate uninterrupted, timely, secure, or error-free

– Results obtained from Software use will be accurate or reliable

– All Software errors will be corrected

8.3 Specific Disclaimers

In particular, the Company does not warrant:

– Accuracy, completeness, or reliability of location information

– Software availability or continuity

– Operation of third-party services (Firebase, LiveKit, etc.)

Article 9: Limitation of Liability

9.1 Limitation of Damages

To the maximum extent permitted by law, in no event shall the Company and its affiliates, officers, directors, employees, or agents be liable for:

– Indirect, incidental, special, consequential, or punitive damages

– Loss of profits, revenue, data, use, goodwill, or other intangible losses

– Damages arising from use or inability to use the Software

– Damages arising from third-party acts or omissions

9.2 Maximum Liability

The Company’s liability shall not exceed the amount paid by User for the Software in the past 12 months.

9.3 Mandatory Liability

Some jurisdictions do not allow limitation or exclusion of liability. In such cases, this provision applies to the maximum extent permitted by law.

Article 10: Indemnification

User agrees to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from all claims, damages, and expenses (including attorney fees) arising from:

– User’s breach of this Agreement

– User’s use or misuse of the Software

– User’s violation of applicable laws

– User’s content or activities

Article 11: Term and Termination

11.1 Term

This Agreement becomes effective on the date User first uses the Software and remains effective until terminated.

11.2 Termination by User

User may terminate this Agreement at any time by deleting the Software and destroying all copies.

11.3 Termination by Company

The Company may immediately terminate this Agreement by notice to User if:

– User breaches any terms of this Agreement

– Required by law or regulation

– The Company ceases to provide the Software

11.4 Effect of Termination

Upon termination:

– User’s license terminates immediately

– User must cease using the Software and delete all copies

– Articles 4 (Intellectual Property), 8 (Warranty Disclaimer), 9 (Limitation of Liability), 10 (Indemnification), and 13 (Governing Law) survive termination

Article 12: Governing Law and Dispute Resolution

12.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Japan, without regard to conflict of law principles.

12.2 Jurisdiction

Disputes related to this Agreement shall be subject to the exclusive jurisdiction of Tokyo District Court as the court of first instance.

12.3 Arbitration

The Company reserves the right to require binding arbitration instead of court litigation.

Article 13: General Provisions

13.1 Entire Agreement

This Agreement constitutes the entire agreement between User and Company regarding use of the Software and supersedes all prior agreements, oral or written.

13.2 Severability

If any provision of this Agreement is deemed invalid or unenforceable, other provisions remain valid.

13.3 Waiver

Failure by Company to enforce any provision of this Agreement shall not be deemed a waiver of that provision.

13.4 Assignment

User may not assign rights or obligations under this Agreement without Company’s prior written consent. Company may freely assign this Agreement without User’s consent.

13.5 Survival

Provisions intended to survive termination remain effective after termination.

13.6 Notices

Notices under this Agreement shall be provided via in-app notifications, email, or notifications within the Software.

13.7 Export Controls

User agrees to comply with applicable export and import control laws.

Article 14: Third-Party Rights

14.1 Third-Party Services

The Software uses third-party services such as Firebase and LiveKit. These services are subject to their respective terms of use.

14.2 Apple Terms

If the Software is distributed through the Apple App Store, the following applies:

1. This Agreement is concluded solely between User and Company, not with Apple

2. The license is granted subject to Apple’s Media Services Terms and Conditions

3. Apple has no responsibility for maintenance and support services

4. If the Software fails to conform to applicable warranty, User may notify Apple, and Apple will refund the purchase price

5. Apple is not responsible for claims regarding the Software

6. User agrees not to use the Software in violation of U.S. export restrictions

Additionally, this Software is also subject to Apple’s Licensed Application End User License Agreement (Standard EULA).
Users can review the Standard EULA at the following link:
https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

Article 15: Agreement Changes

The Company reserves the right to modify this Agreement at any time. For significant changes, we will notify you via in-app notification or email. Continued use of the Software after changes constitutes acceptance of the modified Agreement.

Article 16: Contact Information

For questions about this Agreement, please contact:

artjunkie inc.