This is a draft, not the final version. It has not been reviewed by a lawyer. Items in 【brackets】 are to be confirmed with the operator. This English text is a reference translation of the Japanese draft. If the two differ, the Japanese version prevails.
These Terms of Service ("Terms") set out the conditions for using "TRAVELERZ", a travel support service (including its website and web app, the "Service") provided by 【Operator name】 (the "Operator"). By using the Service, you ("User") agree to these Terms.
Article 1 (Scope)
- These Terms apply to all relationships between the Operator and Users concerning the use of the Service.
- Guidelines, notices and specific instructions posted by the Operator on the Service ("Specific Rules") form part of these Terms. If they conflict, these Terms prevail unless the Specific Rules state otherwise.
- Personal information is handled under the separate Privacy Policy.
Article 2 (Definitions)
- "Account": the identity a User registers to log in, linked to a Google account or an email address.
- "Spot Information": names, locations, descriptions, opening hours, prices, images and other information about anime-related places, sightseeing spots, restaurants and the like shown on the Service.
- "Toraco": the AI-based travel consultation feature of the Service.
- "Quest": a set of spots defined by the Operator to visit. "Check-in" is the action of confirming, using the device's location, that the User is near a spot.
- "Post": photos, text and other information a User submits to and publishes on the Service. A "Like" is the action of showing appreciation for a Post.
- "Points": the scores recorded only within the Service, as set out in Article 9.
Article 3 (Agreement; Minors)
- Users use the Service after agreeing to these Terms. A User is deemed to have agreed upon registering an Account or upon using the Service without logging in.
- Minors must obtain the consent of a parent or other legal guardian before using the Service. 【Whether to allow registration by children under 16, or to set a minimum age, is for the Operator to decide.】
- Even if a minor uses the Service without such consent, the minor is treated as having agreed to these Terms, except where the law allows the agreement to be rescinded.
Article 4 (Changes to These Terms)
- In accordance with Article 548-4 of the Civil Code of Japan, the Operator may change these Terms without individual consent where (i) the change is in the general interest of Users, or (ii) the change does not conflict with the purpose of these Terms and is reasonable in light of its necessity, the appropriateness of the new content and other circumstances.
- When changing these Terms, the Operator will set an effective date and, before that date, announce the change, the new content and the effective date on the Service or by other appropriate means.
- For changes unfavorable to Users, the Operator will endeavor to announce them at least 【30 days】 before they take effect.
Article 5 (Accounts)
- Users may register an Account and log in by any of the following methods:
- signing in with Google;
- an email address and password (a confirmation email is sent on registration; a forgotten password can be reset through a link sent by email);
- a login link sent to the email address (without a password).
- Users must manage their password and registered email address at their own responsibility, and must not let others use, or lend, transfer or sell, their Account.
- Each person may use only one Account. Creating multiple Accounts to obtain Points or other benefits improperly is prohibited.
- The Operator is not liable for damage caused by inadequate Account management or use by third parties, except where the Operator is at fault.
- Your display name is public and can be seen by anyone. The initial display name is "旅人-" (Traveler) followed by four letters and digits (e.g. 旅人-3f2a); your Google account name and your email address are not used. You can change the display name on My Page. Please avoid display names that identify you, such as your real name.
- The Service does not use your Google profile picture as your icon. The icon shows the first character of your display name.
Article 6 (The Service)
- The Service provides information about anime-related places and sightseeing spots mainly in Japan (centered on Tokyo), and features such as trip planning, AI travel consultation, Quests, Check-ins, Posts, Likes and Point records.
- Some features (Quests, Check-ins, Posts, Likes, Point records, etc.) require logging in.
- The Service is free of charge. Devices and data charges needed to use it are the User's responsibility.
- The Service is not an official service of anime rights holders, studios, publishers, spot owners or managers, or local governments, and unless stated otherwise it is not approved or endorsed by them. 【To be corrected by the Operator if there are official partnerships or licenses.】
- A User can take on (join) only one Quest at a time. A User may abandon an active Quest at any time. Abandoning does not cancel the Check-in records made or the Points already granted. An abandoned Quest can be resumed, and spots already checked in carry over. To take on another Quest, complete or abandon the active one.
Article 7 (Conduct on Site; Location and Check-in)
- When visiting spots, Users must follow laws, traffic rules, the rules of each facility and area, and general etiquette, and must not:
- enter private property, restricted areas or staff-only areas;
- take photos, linger, make noise, leave litter or otherwise disturb residents, shops, facilities or other visitors;
- use a device while walking or driving, or do anything else dangerous.
- A spot shown on the Service does not mean that entry or photography there is permitted.
- A Check-in sends the device's location (latitude, longitude and accuracy) to the Operator's server only when the User performs the Check-in action, and the server judges the distance to the spot. The Privacy Policy sets out how location data is handled.
- Location data can be inaccurate due to the device, network or surrounding buildings. A Check-in may fail even when the User is near the spot, or vice versa. The Operator's liability for this is governed by Article 19.
- Users must not check in using apps that fake location.
TORACON RADAR (location sharing and meetups): Sharing is off by default. Only users who self-confirm they are at least 18 and acknowledge the safety warning may switch it on. Your precise position then becomes visible to other signed-in users. The last location may remain visible for up to three hours after closing the browser; switch sharing off in the app to remove it. Users can request to meet and form groups of two or more. Meet only in safe public places, avoid disclosing sensitive details, and use blocking and reporting as needed. Dating-related use, harassment, location spoofing and dangerous conduct are prohibited. Minors must not use location-sharing or meetup features. See Article 4 of the Privacy Policy. This remains a draft pending legal review.
Article 8 (AI Concierge "Toraco")
- Toraco's answers are generated automatically by AI and may contain inaccurate or outdated information, or places, opening hours or prices that do not exist. Check official sources before visiting, booking or traveling.
- The text you enter, recent conversation and travel preferences saved on your device (interests, trip length, budget, companions, age group, accessibility preferences) are sent to a foreign AI provider engaged by the Operator to generate answers. See the Privacy Policy.
- Do not enter your name, address, phone number, passport number, health information or other sensitive information, or other people's personal information, into Toraco.
- Toraco's answers are travel reference only and do not replace professional advice on medical, legal, visa/residence, safety or other matters.
Article 9 (Points)
- The Operator grants Points free of charge when a User meets conditions set by the Operator, such as Quest Check-ins and Posts. The conditions and number of Points are set by the Operator for each Quest on the Service. 【At the time of drafting: 100 for a Check-in at a Quest spot (once per spot), 200 for a photo Post after checking in at a spot the Quest designates (once per spot), and 500 for completing a Quest (checking in at all its spots). Whether to state the numbers in these Terms or leave them to the display on the Service is to be decided.】
- Users do not pay money or other consideration to obtain Points, and the Operator does not issue or sell Points for consideration.
- Points cannot be exchanged for cash, crypto-assets, e-money or any other property value, and are not refundable.
- Points can be used in Toraco’s Room to obtain digital items provided by the Operator for use within the Service, such as outfits, hairstyles, accessories, room interiors and speaking styles. Eligible items, required Points and conditions such as the required affinity level are displayed on the Service. Exchanges for physical goods, NFTs or discounts on booking fees are not offered.
- Points may be used only by the Account holder and cannot be transferred, lent or inherited.
- Points expire when:
- the User leaves the Service or the Account is deleted;
- the Account is suspended or deleted under Article 14;
- 【If an expiry is set: ○ months have passed since the User last earned Points.】
- The Operator may cancel, without notice, Points it reasonably judges to have been obtained improperly (fake location, multiple Accounts, conduct prohibited by Article 13, etc.).
- The Operator may correct records of Points granted or not granted in error due to system faults or similar causes.
- The Operator may end the Service or change or abolish the Point program. If the Point program is abolished, the Operator will announce it on the Service a reasonable period in advance.
Article 10 (Posts)
- Users may post photos and text about spots shown on the Service. A Post shows the User's display name, the date and time, the spot and the number of Likes, and is public to anyone, including people who are not logged in.
- Photos are resized and re-compressed on the User's device, and embedded data such as date/time, shooting location (GPS) and device model (Exif, etc.) is removed before upload. However, what appears in a photo (people, buildings, signs, license plates, etc.) may still reveal the location or identify individuals.
- Before posting, confirm that:
- you took the photo yourself or have permission from its rights holder;
- people in the photo have consented or cannot be identified;
- photos of anime characters, posters, goods, etc. do not infringe the rights of their rights holders (Article 11(4));
- the photo was not taken where photography is prohibited.
- The Operator may limit the number of Posts per person within a given period.
- Users may Like any public Post (including their own), once per Post, and remove the Like at any time. The number of Likes on each Post is public, but who Liked it is not made public and is not told to the poster.
- The Operator may feature Posts, selected automatically based on the number of Likes and other factors, on the Service's top page and elsewhere.
Article 11 (Rights in Posts)
- Copyright and other rights in a Post remain with the User who posted it (or the original rights holder). The Operator does not acquire the copyright.
- Users grant the Operator a free, non-exclusive license, worldwide, to use Posts (reproduce, transmit publicly, display, resize, reformat, crop and otherwise edit) to the extent necessary to provide, operate and improve the Service and to introduce the Service (including display on the Service and on the Service's website and official social media accounts). This license survives deletion of the Post for materials created before deletion. 【Scope of secondary use (advertising/promotion) and treatment after deletion to be discussed with the Operator.】
- Users will not exercise moral rights against the Operator or its legitimate successors for use within the scope above, except for use that harms the User's honor or reputation. 【Whether to include this non-assertion clause is to be decided.】
- Anime characters, background art, posters, goods and the like are works of their respective rights holders. Incidental inclusion in the background may be permitted under Article 30-2 of the Copyright Act of Japan, but posting photos whose main subject is such material may require permission from the rights holder. The Operator will hide or delete Posts under Article 12 upon a request from a rights holder.
- Users warrant to the Operator that their Posts do not infringe third-party rights. Users must resolve any dispute with a third party concerning their Posts at their own responsibility and cost, except where the Operator is at fault.
Article 12 (Hiding, Deleting and Reporting Posts)
- Users can delete their own Posts at any time. The photo is also deleted from the Operator's storage.
- Users who believe another User's Post violates these Terms can notify the Operator using the report feature, choosing a reason ("Inappropriate", "Rights infringement", "Privacy", "Spam", "Other") and adding a note. The poster is not told who reported.
- When the Operator receives a report or otherwise considers it necessary, it may review Posts and, without prior notice, hide or delete Posts it judges to violate Article 13, to infringe third-party rights or to be otherwise inappropriate. Hidden Posts remain visible to the poster on My Page.
- A person who claims their rights are infringed (a person shown in a Post, the rights holder of a photo or work, etc.) may, besides the report feature, request deletion through the contact in Article 21, stating the right infringed, where the information is (e.g., the Post URL) and why the right is infringed. The Operator will respond in accordance with the Act on Addressing Infringement of Rights, etc. Caused by the Distribution of Information via Specified Telecommunications (Information Distribution Platform Act) and other laws.
- The Operator has no obligation to monitor Posts at all times or to explain the reasons for its decisions. 【Operational policy on decision periods and notifications for deletion requests to be discussed with the Operator.】
Article 13 (Prohibited Conduct)
Users must not:
- violate laws or public order and morals, or engage in conduct related to crime;
- infringe copyright, trademark, portrait, privacy, reputation or other rights or interests of the Operator, other Users or third parties;
- post other people's personal information (names, addresses, contact details, clearly recognizable faces, license plates, etc.) without their consent;
- post sexual, violent, cruel or discriminatory content, or content defaming others;
- post content that may harm the healthy development of minors;
- post advertising, solicitation or sales content (unless approved by the Operator), or spam;
- post false information or photos unrelated to the spot;
- obtain Check-ins or Points, or manipulate the number of Likes, improperly, such as by faking location, using automation tools or creating multiple Accounts;
- place excessive load on the Service's servers or network, interfere with its operation, access it without authorization or exploit vulnerabilities;
- collect the Service's data in bulk by automated means (scraping, etc.) without the Operator's permission;
- input content to Toraco intended to generate illegal or harmful output, or attempt to manipulate Toraco's responses;
- engage in the on-site conduct prohibited by Article 7(1);
- impersonate the Operator, other Users, people related to spots, anime rights holders or others;
- use the Service for commercial purposes without the Operator's permission;
- engage in other conduct the Operator reasonably judges inappropriate.
Article 14 (Suspension and Account Deletion)
- If the Operator reasonably judges that a User (i) has violated these Terms, (ii) has registered false information, (iii) is or is associated with an anti-social force, (iv) has not logged in for 【○ years】 and cannot be contacted, or (v) is otherwise unsuitable to use the Service, the Operator may, without prior notice, hide or delete Posts, cancel Points, suspend all or part of the Service, or delete the Account.
- The Operator is not liable for damage caused by such measures, except in cases of the Operator's intent or gross negligence.
Article 15 (Leaving the Service)
- Users may request to leave the Service (delete their Account) at any time through the contact in Article 21. 【An in-app account deletion feature is not yet implemented; whether to implement it is to be discussed.】
- On leaving, the Account, profile, Quest progress, Check-in records, Points, Posts, Post photos and the Likes the User gave are deleted and cannot be restored. Information required to be retained by law, or needed to deal with misconduct, may be kept for the period set out in the Privacy Policy.
Article 16 (Changes, Interruption and Termination of the Service)
- The Operator may change the Service or add features without prior notice.
- The Operator may interrupt all or part of the Service for maintenance, force majeure (fire, power failure, natural disaster, network failure, etc.), outages of external services (Article 18), or other reasons it deems necessary.
- The Operator may end the Service after announcing it on the Service at least 【○ days】 in advance.
Article 17 (Intellectual Property)
- Intellectual property rights in the programs, design, text, the character "Toraco" and other materials of the Service belong to the Operator or its licensors. 【Confirm ownership of rights in "Toraco"/"TORACO" with the Operator.】
- Rights in anime titles, images and other materials shown on the Service belong to their respective rights holders. They are shown to introduce the works, and no rights are licensed to Users.
- Users must not copy, modify or republish materials of the Service beyond what the law permits.
Article 18 (External Services)
- The Service uses Google Maps provided by Google LLC. Use of the maps is subject to the Google Maps/Google Earth Additional Terms of Service (https://maps.google.com/help/terms_maps/ ) and the Google Privacy Policy (https://policies.google.com/privacy ).
- The Service provides Google sign-in and links to official websites and other external sites. Their terms apply to them, and the Operator is not responsible for their content.
Article 19 (Disclaimer; Limitation of Liability)
- The Operator endeavors to keep Spot Information (location, opening hours, closing days, prices, access, photos, relationship to works, etc.), Quests, Toraco's answers and other information accurate, current and complete, but does not guarantee it. Facilities and events may change or be cancelled. Check official information before visiting.
- The Operator does not guarantee that the Service will be available without interruption, work on all devices and browsers, or that Check-in judgments will always be accurate.
- The Operator will compensate damage suffered by a User in connection with the Service where caused by the Operator's intent or gross negligence.
- Where damage is caused by the Operator's ordinary negligence (negligence other than gross negligence), whether in contract or tort, the Operator will compensate only ordinary damage actually incurred, and not damage arising from special circumstances (including lost profits) unless the Operator foresaw or could have foreseen those circumstances. The amount is capped at 【○ yen】. 【Whether to set a cap and its amount are to be discussed.】
- The Operator is not responsible for disputes a User causes on site with third parties (facilities, residents, other visitors, etc.), except where the Operator is at fault.
Article 20 (Personal Information)
The Operator handles Users' personal information in accordance with the Privacy Policy.
Article 21 (Contact; Notices)
- Inquiries, requests to delete Posts and requests to leave the Service are accepted at:
- 【Operator name】
- 【Address】
- The contact form is available only when shown in Help. If it is not shown, the form is unavailable. Planned contact email: info@worksjp.biz 【Mailbox readiness and responsible staff are awaiting confirmation】
- The Operator gives notices by posting on the Service, sending to the registered email address or other means it deems appropriate.
Article 22 (Assignment)
- Users may not assign or pledge their position or rights and obligations under these Terms without the Operator's prior written consent.
- If the Operator transfers the business of the Service to a third party, it may transfer its position, rights and obligations under these Terms and Users' information, to the extent set out in the Privacy Policy, to the transferee.
Article 23 (Severability)
If any provision or part of these Terms is held invalid or unenforceable under the Consumer Contract Act or other laws, the rest of these Terms remains in effect.
Article 24 (Language)
The Japanese version of these Terms is the official text. Translations into English or other languages are provided for reference only, and the Japanese text prevails in case of any discrepancy.
Article 25 (Governing Law; Jurisdiction)
- These Terms are governed by and construed in accordance with the laws of Japan.
- The 【Tokyo District Court】 has exclusive jurisdiction in the first instance over disputes between the Operator and Users concerning the Service or these Terms. However, this does not prevent a User who is a consumer from filing a suit in a court with jurisdiction under the Code of Civil Procedure or other laws. 【Treatment of Users outside Japan is to be decided.】
Supplementary Provisions
- 【Established: 20XX-XX-XX】
- 【Effective: 20XX-XX-XX】