Terms of Use

Key points

• The App is designed for two people, such as a dating or married couple, to use together. There is no account registration. Your data is stored in each of your own iCloud accounts, not on our servers.
• Many of the App's features are available with Premium (paid). When one of you purchases Premium, your paired partner can use it too.
• Subscriptions renew automatically. To cancel, use the Settings app on your iPhone at least 24 hours before the renewal date. Deleting the App does not cancel your subscription.
• Payments and refunds are handled by Apple. We cannot issue refunds directly.

Contents

1. Acceptance of these Terms
2. Definitions
3. Eligibility and requirements
4. Data storage and iCloud
5. Pairing with your partner
6. User Content
7. Prohibited conduct
8. Paid services (Premium)
9. Auto-renewal and cancellation
10. Refunds
11. Changes, suspension, and discontinuation of the App
12. Restrictions on use
13. Deleting data and ending use
14. Intellectual property
15. Disclaimers and limitation of liability
16. Handling of personal information
17. Notices and contact
18. Changes to these Terms
19. No assignment
20. Governing law and jurisdiction

1.Acceptance of these Terms

1. Anyone who uses the App (a “user” or “you”) is deemed to have agreed to these Terms by tapping “Start” on the App's first screen, where these Terms and our Privacy Policy are available for review.
2. Any individual rules or notices that we present in the App or on our website (“Supplementary Rules”) also form part of these Terms. If these Terms and any Supplementary Rules conflict, the Supplementary Rules prevail.

2.Definitions

3.Eligibility and requirements

1. The App may be used by people aged 13 and older.
2. If you are under 18, you must obtain the consent of a parent or other legal representative before using the App. The same applies when you purchase Premium. Rescission of a purchase made without the consent of your legal representative is governed by applicable law and Apple's procedures. If you misrepresented your age to make a purchase, you may not be able to rescind it.
3. To use the App, you need an iPhone running a version of iOS supported by the App, and you must be signed in to iCloud. To pair with a partner, your partner must also use an iPhone signed in to iCloud with their own Apple Account. Devices other than iPhone (such as Android devices) are not supported.
4. You are responsible for any data charges incurred in using the App and for any fees to increase your iCloud storage.

4.Data storage and iCloud

1. Your data, such as User Content and your profile, is stored in your own iCloud. iCloud is a service provided by Apple under the agreement between you and Apple (the iCloud Terms and Conditions).
2. We do not store or back up your data, and we cannot view, retrieve, or restore the contents of your or your partner's iCloud.
3. You are responsible for managing your own Apple Account and iCloud. If your iCloud storage is full, or if you sign out of iCloud or switch to a different Apple Account, your data may not be saved or may not be displayed.
4. If you sign in to iCloud with the same Apple Account, your data will be restored on a new iPhone (iCloud Keychain must be turned on to read text and certain other data). Data cannot be transferred to a different Apple Account.
5. Please keep your own copies of important data as well, for example by using the App's “Export data” feature or by saving photos.
6. Text, answers, locations, doodle strokes, and certain other data are encrypted with keys stored in iCloud Keychain. If iCloud Keychain becomes unavailable to you (for example, if your end-to-end encrypted data is reset during Apple Account recovery), this data can no longer be read, and neither Apple nor we can restore it.

5.Pairing with your partner

1. You can pair with one partner using an invite link issued by the App (such as a link sent via Messages or another messaging app, or a QR code). You can be paired with only one partner at a time.
2. Once you are paired, your User Content, profile, and other information are also displayed to your partner. What is displayed is described in our Privacy Policy.
3. Send the invite link only to the person you want to pair with. Anyone who opens the link will be able to join your Shared Space until pairing is completed. Before pairing is completed, the only information visible to a person who opens the link is your nickname and your mochi color. The link expires after 72 hours.
4. You may disconnect at any time without your partner's consent. Once you disconnect, sharing between the two of you stops from that point on. How data is handled when you disconnect is described in our Privacy Policy.
5. Any dispute between you and your partner must be resolved between the two of you. However, if we determine that there has been conduct that violates these Terms, we may take the measures described in Article 12.

6.User Content

1. Copyright and other rights in User Content belong to the user who created it (or to the original rights holder). We do not acquire any rights in User Content.
2. You permit us to use your User Content free of charge to the extent necessary to provide the App (for example, relaying it so that it reaches your partner's device through notifications or Live Activities, and converting its format or size for display). We do not store User Content, use it for advertising or promotion, or make it available to anyone other than the two of you.
3. You warrant that you hold all necessary rights to the User Content you post and that it does not infringe the rights of any third party.

7.Prohibited conduct

When using the App, you must not engage in any of the following:

1. Conduct that violates laws, regulations, or public order and morals, or that may lead to a crime
2. Posting photos or personal information that can identify another person without that person's consent
3. Posting, sending, or storing sexual images or similar material of anyone under 18 (this violates the Act on Regulation and Punishment of Acts Relating to Child Prostitution and Child Pornography, and the Protection of Children)
4. Stalking, threats, harassment, discrimination, or violent expression directed at your partner or anyone else
5. Making another person share their location without their consent, or using the App for the purpose of monitoring another person
6. Impersonating another person, or using another person's device or Apple Account without permission
7. Infringing the rights of others, including copyrights, trademark rights, rights in their likeness (portrait rights), and privacy
8. Placing an excessive load on the Relay Server, gaining unauthorized access, reverse engineering the App, or exploiting vulnerabilities
9. Using the App for sales, advertising, solicitation, matchmaking or introducing people to each other, or similar purposes
10. Using Premium by fraudulent means (including tampering with purchase information and using pairing to let a large number of people use Premium)
11. Any other conduct similar to any of the foregoing items

8.Paid services (Premium)

1. Premium is offered in the following plans. The price, term, and availability of a free trial are shown on the App's purchase screen before you purchase (prices and other details are also listed in our Legal Notice (Act on Specified Commercial Transactions)).

   Plan	Term	Type
   Yearly plan	Every year	Auto-renewable subscription (a free trial may be available)
   Monthly plan	Every month	Auto-renewable subscription
   Lifetime (one-time purchase)	For as long as the App continues to be offered	Single payment (does not auto-renew)

2. Many of the App's features are available while you have Premium (including during a free trial). Even without Premium, you can use the following: the count of days since you started dating and its widget; viewing your list of anniversaries; pairing with your partner; settings; restoring purchases; viewing these Terms, the Privacy Policy, and Support; exporting and deleting data; and “Contact & report.”
3. Payment is made through Apple's in-app purchase system and charged to your Apple Account. Payment methods and conditions are governed by the terms set by Apple.
4. Premium for two: When you purchase Premium, the partner you are paired with at that time can also use Premium at no additional charge. Because your partner's device applies this benefit by checking the purchase information stored in the purchaser's iCloud, it may take some time for the benefit to take effect. Your partner's benefit ends in any of the following cases:
   • When you are no longer connected
   • When the purchaser's subscription period ends, or when the purchase is refunded
   • When the purchaser deletes their App data
   The purchaser can continue to use Premium until the end of the term of the purchased plan. To prevent abuse, we may limit the number of times you can change the person with whom you share the benefit. Details of any such limit will be announced in the App.
5. Free trial: For plans that include a free trial, the purchase screen shows the length of the trial and the date on which it converts to a paid subscription. When the trial period ends, it automatically converts to a paid subscription. The first payment is charged within 24 hours before the end of the trial. To avoid being charged, cancel at least 24 hours before the trial ends. Free trials are available subject to the conditions set by Apple (for example, you may not be eligible for another free trial on the same Apple Account).
6. Limited-time discounted plans: We may offer limited-time discounted plans, for example to first-time users. A discounted plan is available only if you purchase it before the deadline shown on the offer screen (for example, 24 hours after the offer is first displayed). After the deadline, it can no longer be purchased through that offer. The price, the period during which the discount applies, whether a free trial is included, and the price after renewal are shown on the purchase screen.
7. Price changes follow Apple's procedures. If the price of a subscription increases, you will receive a notice from Apple and may be asked for your consent in accordance with Apple's conditions.
8. We may change the content of Premium, for example to improve the App. We will notify you in advance of any significant change that is disadvantageous to users.
9. To restore your purchases, for example after switching to a new iPhone, use “Restore Purchases” in the App. You must be signed in with the same Apple Account you used to make the purchase.
10. If you have both purchased Premium, we cannot automatically cancel either purchase. One of you should turn off auto-renewal using the method described in Article 9.

9.Auto-renewal and cancellation

1. A subscription automatically renews unless auto-renewal is turned off at least 24 hours before the end of the current period. The renewal payment is charged within 24 hours before the end of the current period (the same applies to the first payment after a free trial). For discounted plans, the price after renewal is shown on the purchase screen, as described in Article 8(6).
2. How to cancel (turn off auto-renewal): Open the Settings app on your iPhone, tap your name at the top, then tap Subscriptions, select the App's subscription, and tap Cancel Subscription. You can also get there from “Manage Subscription” in the App's settings. For details, see Apple's support article “Cancel a subscription from Apple.”
3. Deleting the App or deleting your data does not automatically cancel your subscription. Be sure to cancel using the method above.
4. Even after you cancel, you can continue to use Premium until the end of the period you have already paid for. If you cancel partway through a period, you will not receive a prorated refund for the remainder of that period.
5. A subscription purchased by your partner can be canceled only by your partner. Because of how Apple's system works, we cannot cancel a subscription on your behalf.

10.Refunds

1. Payments for in-app purchases are received by Apple. Whether a refund is granted is decided by Apple in accordance with Apple's policies, and we cannot issue refunds directly.
2. If you would like a refund, submit a request to Apple by following the instructions in Apple's support article “Request a refund for apps or content that you bought from Apple” (you can submit a request at reportaproblem.apple.com).
3. If Apple issues a refund, the Premium obtained through that purchase (including the benefit for your partner) will no longer be available.

11.Changes, suspension, and discontinuation of the App

1. We may change or add to the content of the App. We will notify you in advance of any significant change that is disadvantageous to users.
2. We may temporarily suspend all or part of the App, including the Relay Server, in the following cases: system maintenance or updates; disasters such as earthquakes, fires, or power outages; failures of communication lines or cloud services (including iCloud); or other unavoidable circumstances.
3. We may discontinue the App. In that case, we will, as a general rule, notify you in the App at least 90 days before discontinuation. Your data will remain in your iCloud, but because some or all of the App's features (such as notifications) may stop working after discontinuation, we will also explain how to export your data. We will also inform you how any remaining subscriptions will be handled. The Lifetime plan is available for as long as the App continues to be offered. If we discontinue the App, we will, as a general rule, notify you in the App at least 90 days in advance and explain how to export your data.

12.Restrictions on use

1. If you materially violate these Terms, or repeatedly violate them and fail to correct the violation despite our request, we may take necessary measures, such as blocking use of the Relay Server from your device. Except in an emergency, we will notify you in advance.
2. As a telecommunications carrier, we protect the secrecy of communications (Article 4 of the Telecommunications Business Act). Notifications and doodle strokes that pass through the Relay Server are encrypted with keys held only by your two iPhones, and we cannot read them. Because User Content is not stored on our servers, we will review its content only (1) when a user shows us the content in a report or inquiry and consents to our review; (2) when we do so in accordance with laws or regulations; or (3) when there is an urgent need to protect a person's life, body, or property.

13.Deleting data and ending use

1. You can delete the App's data in your iCloud and stop using the App at any time from My page > “Delete all Futamochi data” in the App.
2. Deleted data cannot be recovered. Before deleting, save any data you need using “Export data.” How data is handled when it is deleted is described in our Privacy Policy.
3. Deleting the App alone does not delete your data in iCloud.
4. Deleting your data does not automatically cancel your subscription (Article 9(3)).

14.Intellectual property

All rights in the App's software, design, characters (including the mochi mascots), content such as questions and quizzes, logos, and names belong to us or to their legitimate rights holders. You must not copy, modify, distribute, or otherwise use them beyond the scope of your personal use of the App. However, features provided in the App, such as sharing quiz results, may be used freely within the scope of those features.

15.Disclaimers and limitation of liability

1. We do not guarantee that the App will suit your particular purposes, that it will have the effects you expect (such as improving your relationship), or that it will always work without defects. Quiz and game results are meant for fun and for reference only.
2. The display and update timing of widgets, Live Activities, and notifications may be delayed, or they may not appear at all, depending on iOS specifications and the state of your device (such as Low Power Mode or network conditions).
3. iCloud is a service provided by Apple. Unless the cause is attributable to us, we are not liable if data cannot be saved, displayed, or shared, or is lost, due to an iCloud failure, the state of your Apple Account or iCloud (such as insufficient storage, signing out, or account suspension), or deletion by you or your partner.
4. We are liable for damages incurred by you for reasons attributable to us. However, if we did not act with intent or gross negligence (that is, in cases of ordinary negligence), the amount we pay is limited to the total amount you paid for the App during the most recent 12 months, including the month in which the damage occurred (or ¥1,000 if you made no payment), and does not include damages arising from special circumstances.
5. Any dispute that arises between you and your partner or any other third party must be resolved between the parties concerned. However, this does not apply where the cause is attributable to us.

16.Handling of personal information

We handle your information in accordance with our Privacy Policy.

17.Notices and contact

1. We will contact you through announcements in the App, notifications, or postings on our website.
2. Please contact us through “Contact & report” in the App or by email at contact@crop.tokyo.

18.Changes to these Terms

1. We may change these Terms under the provisions of the Civil Code of Japan on the modification of standard terms of contract, in the following cases: (1) where the change conforms to the general interests of users; or (2) where the change does not contradict the purpose of the contract and is reasonable in light of the necessity of the change, the appropriateness of the changed content, and other circumstances relating to the change.
2. When we change these Terms, we will announce the change, the content of the revised Terms, and the date on which the change takes effect in the App or on our website a reasonable period before the change takes effect.

19.No assignment

You may not assign to any third party, or provide as security, your position under these Terms or your rights or obligations under these Terms without our written consent. If we transfer the App business to a third party, we may transfer to the transferee our position under these Terms, our rights and obligations under these Terms, and the user information we hold (within the scope of the Privacy Policy).

20.Governing law and jurisdiction

1. These Terms are governed by and construed in accordance with the laws of Japan.
2. Any dispute between us and you relating to the App shall be subject to the exclusive jurisdiction of the Tokyo District Court as the agreed court of first instance. However, where laws or regulations provide otherwise, those provisions apply.
3. These Terms are written in Japanese. Any translation, including this English version, is provided for reference only. If there is any conflict or inconsistency between the Japanese version and a translation, the Japanese version prevails.

Apple-specific terms

1. These Terms are concluded between you and us only, and not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the App and its content.
2. We grant you a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service (the Apple Media Services Terms and Conditions).
3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
4. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
5. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, we, not Apple, will be responsible for the investigation, defense, settlement, and discharge of that claim.
6. You represent and warrant that (i) you are 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
7. You must comply with applicable third-party terms of agreement when using the App (for example, your wireless data service agreement).
8. You and we acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.