Updated on 2023-10-14

1. Introduction

  • The website available through the domain name https://kafkai.com and all sub domains, or sections (the "Website" or "Service") are operated by LaLoka Labs LLC ("Service Provider") located at Matsuura Bldg 5F, 1-9-4 Taito, Taito-ku, Tokyo, Japan. These terms of use ("Terms" or "Agreement") govern the access, browsing and use of the Website; by its users ("You", User" or "Users", as applicable) as well as the services available on the Website and the services derived thereof (the "Service" or "Services").
  • Any user who accesses the Website or utilizes any of the Service shall be a User. If the User does not agree with all or any of these Terms, the User must leave the Website immediately and/or proceed to stop utilizing any of the Services.
  • By agreeing to these Terms, the User warrants that:
    • The User is of legal age and has read and understood the conditions set forth herein.
    • In the event of entering into or purchasing the Service, the User has legal capacity to do so.
    • The User assumes all obligations set forth herein.

2. Registration

  • A User can register to access and use the Services after registering their information and accepting the Terms through the registration procedures, determined by the Service Provider.
  • When a User registers to access and use the Services, the User must provide to the Service Provider information that is accurate, complete, and current at all times. Failure to do so constitutes a violation of the Terms, which may result in immediate termination of the User's account on our Service.
  • If, upon a review, the Service Provider approves a User's registration, the Service Provider will issue credentials (hereinafter referred to as "Credentials") for the User to use to access the Services.
  • The User shall be held responsible for managing the Credentials issued by the Service Provider, and shall not transfer, lend, or disclose it to any third parties. However, this shall not apply in cases where it must be disclosed due to the nature of a program or application developed using this Service.
  • The User shall be held responsible for inadequate management, misuse, and damage to third parties caused by the usage of the Credentials, and if the User finds that the Credentials has been used by a third party without authorization, the User shall report it to the Service Provider without delay.
  • Even in cases of unauthorized usage of the Credentials, the Service Provider shall consider this to be appropriate usage by the User, and shall not accept any responsibility whatsoever for damages incurred by this usage.
  • If the Service Provider can reasonably assume that there has been usage by a User who has not completed the required registration procedures, or if the Service Provider judges it necessary due to burden on the Service, the Service Provider may restrict the traffic or access time from specific IP addresses or deny access.
  • If a username is required upon registration, the User may not use a username that is the name of another person or entity or that is not lawfully available for the User to use, or a name or trademark that is subject to any rights of another person or entity other than the User without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. The User expressly agree that the Service Provider cannot be held liable for any loss or damage arising out of any misrepresentations the User makes in this regard.
  • If the Service Provider determines that there has been a violation of the Terms by a User, or if the Service Provider determines that a User's usage of the Service is inappropriate, the Service Provider may restrict that User's access at its own discretion without contacting the User.

3. Code of Conduct

The User agrees to use the Website and the Services in accordance with law, moral principles and public order as well as this Agreement.

3.a. Prohibited Use Of Service

  • The User shall refrain from using the Website or the Services for illegal activities or purposes that may be considered a criminal offence against third parties as well as violating any applicable law. The User agrees not to use the Services to:
    • submit or disseminate software (virus or malware) that may damage computer systems of the internet service provider, its providers or any other internet user.
    • contain copyright trademarks or other intellectual property without the written permission of the holder of these rights.
    • impersonate other Users of the Website and the Services.
    • bring the Website or Service Provider name into disrepute.
    • violate, or in a method that violates laws, rules, regulations, or government authority.
  • The User agrees to indemnify and hold harmless the Service Provider against any claim, fine, penalty or sanction arising from the User’s failure to comply with the aforementioned conditions of use. The Service Provider reserves the right to claim compensation for damages incurred.
  • If any of the acts in the paragraphs above has been committed, the Service Provider may suspend the use of the Service for the relevant User, cancel or suspend the User's access to the Service, or take other measures that the Service Provider deems appropriate.
  • If the User violates these Terms in letter or in spirit, or if the Service Provider determines that an act has been committed that is inappropriate in light of the spirit of this agreement, the Service Provider may take necessary measures. The Service Provider may take said measures at will, regardless of whether the User is responsible for the improper conduct.
  • The User may not raise any objection to the measures taken by the Service Provider against the User, regardless of the reason that the measures were taken. The Service Provider accepts no responsibility whatsoever for any damage suffered by the User as a result of the Service Provider having taken the measures above. However, the Service Provider also bears no responsibility to monitor the User's activity, nor the information (including data and content) transmitted or provided by the User (including cases considered to be use by the User).

4. Pricing and Payment Terms of the Services

  1. The pricing and payment terms of the the Services are provided on the Website and displayed on the screen prior to the purchase process. When applicable, the Valued Added Tax (VAT) is included in the prices.
  2. If the User wishes to purchase any product or service made available through the Service ("Purchases"), the User may be asked to supply certain information relevant to the purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
  3. The User represents and warrant that:
    1. The User has the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that
    2. The information the User supplies is true, correct and complete. The User expressly agree that the Service Provider is not responsible for any loss or damage arising from the submission of false or inaccurate information.
  4. By submitting such information, the User grants the Service Provider the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
  5. The Service Provider reserves the right to refuse or cancel the User's order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. The User expressly agrees that the Service Provider cannot accept any liability for loss or damage arising out of such cancellation.
  6. The Service Provider reserves the right to refuse or cancel the User's order if fraud or an unauthorised or illegal transaction is suspected.
  7. All charges are payable in advance - the User cannot use the Service until all due payments have been received by the Service Provider. Methods of payments are decide at the sole discretion of the Service Provider.
  8. If payment for Purchases is made by credit card, the User will be directed to a secure environment provided by the credit card payment operator. Credit card information is not visible to nor accessible by the Service Provider: The User is required to contact the credit card issuer directly if any issue arises from the payment through credit cards.

4.a Subscriptions

  • Some parts of the Service are billed on a subscription basis ("Subscription(s)"). The User will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
  • At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or the Service Provider cancels it. The User may cancel its Subscription renewal either through the User's online account management page or by contacting the Service Provider's customer support team.
  • A valid payment method is required to process the payment for your Subscription. You shall provide the Service Provider with accurate and complete billing information including full name, address, postcode code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize the Service Provider to charge all Subscription fees incurred through your account to any such payment instruments.
  • Should automatic billing fail to occur for any reason, the Service Provider will send a notification indicating that the User must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the notification. The Service Provider reserves the right to restrict the User's access to the Service until full payment is made.

4.b Free Trial

  • The Service Provider may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). The User may be required to enter your billing information in order to sign up for the Free Trial.
  • If the User enters its billing information when signing up for the Free Trial, the User will not be charged by the Service Provider until the Free Trial has expired. On the last day of the Free Trial period, unless the User cancels its Subscription, the User will be automatically be charged the applicable Subscription price for the type of Subscription the User have selected.
  • At any time and without notice, the Service Provider reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

4.c Price Changes

  • The Service Provider, in its sole discretion and at any time, may modify the Subscription prices for the Subscriptions. Any Subscription price change will become effective at the end of the then-current Billing Cycle.
  • The Service Provider will provide the User with a reasonable prior notice of any change in Subscription prices to give the User an opportunity to terminate its Subscription before such change becomes effective.
  • The User's continued use of the Service after the Subscription price change comes into effect constitutes the User's agreement to pay the modified Subscription price amount.

4.d Refunds

  • The User can request a refund for the last monthly rebill within three (3) days of the charge, provided that there was no usage at all since the last rebill.
  • For one-time payments, refunds are only eligible within three (3) days of purchase and if there was no usage at all of the purchased item.
  • All refunds will be charged a 20% refund processing fee of the amount refunded.
  • To process the User's refund, we require your login email and order number which the User received via email after purchase.
  • Refund requests for Subscriptions may be considered by the Service Provider on a case-by-case basis and granted in sole discretion of the Service Provider.

5. Intellectual Property

  • All intellectual property on the Website and the Service is owned by LaLoka Labs LLC or its licensors, including, but not limited to, the intellectual property in texts, photographs, graphics, images, icons, technology, software, links and any other audiovisual or sound content as well as its graphic design and source code. Under no circumstance shall the rights of exploitation contemplated in the intellectual property regulations in force of the aforementioned content be deemed to have been assigned or licensed to the User.
  • The trademarks, trade names or distinctive signs of any class displayed on the Website are owned by LaLoka Labs LLC or third parties. Under no circumstance shall their trademark rights be deemed to have been assigned or licensed to the User. The Service is protected by copyright, trademark, and other laws of both Japan and foreign countries.
  • The User is forbidden of, either partially or fully, either copying, modifying, disassembling, taking any action to derive the source code, creating derivative works or reverse engineering the Services.
  • Third party intellectual property and trademarks are owned by their respective owners. We do not make any representations or guarantees for the rights to their use granted hereunder to you.

6. Indemnification

The User agrees to defend, indemnify and hold harmless the Service Provider and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) the User's use and access of the Service, by the User or any person using the User's account and password, or b) a breach of these Terms.

7. Limitation of Liability

  1. In no event shall the Service Provider, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
    1. The User's access to or use of or inability to access or use the Service;
    2. Any conduct or content of any third party on the Service;
    3. Any content obtained from the Service; and
    4. Unauthorized access, use or alteration of the User's transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

8. Notices

  1. All notices, requests, demands, and other communications between the Service Provider and the User in connection with the Service or the access to the Website shall be in writing and shall be deemed to have been duly delivered if sent by certified mail to the address which the parties have indicated to the other to that effect.
  2. Notwithstanding the foregoing, notices sent to the Service Provider shall be deemed to have been duly made when sent by means of email at [email protected]
  3. On the other hand, notices sent to the User shall be deemed to have been duly made when sent by means of email at the address associated with the User's email account as of the start of the Service use or, if required, the one that the User had provided the Service Provider with to that effect.

9. Severability

In the event that any provision of these Terms were to be found, whether partially or fully, to be null or void, such invalidity shall only affect the provision or section considered to be void or unenforceable. The remaining provisions of these Terms shall continue in full force. The invalid provision, whether partially or fully, shall be considered as not included in these Terms.

10. Changes to the Terms

  1. These Terms and information on the Website including the pricing are subject to change by the Service Provider at any time without prior notification.
  2. Unless explicitly stated otherwise, any such changes become effective immediately after being published by the Service Provider on the Website. The User is strongly recommended to be informed of all such changes by reviewing the Website and this Agreement regularly.
  3. By continuing to use the Services after the new Terms or information on the Website have been published the User automatically agrees to being bound by such changed Terms and pricing.

11. Violation of These Terms

If a User causes damage to the Service Provider or to a third party due to violation of these Terms, the User shall be liable for these damages at his/her own responsibility and expense. Furthermore, complaints and disputes from third parties arising due to a User's usage of this Service shall be resolved between the User and the third party, and must not inconvenience the Service Provider in any way whatsoever.

12. Privacy Policy and Cookie Policy

Please refer to our Privacy Policy and Cookie Policy. The User agrees that they constitute part of these terms and shall apply to the collection and processing of personal data. The User must read our Privacy Policy and Cookie Policy before you use the Service.

13. Disclaimer

  1. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
  2. The Service Provider, its subsidiaries, affiliates, and its licensors do not warrant that
    1. the Service will function uninterrupted, secure or available at any particular time or location;
    2. any errors or defects will be corrected;
    3. the Service is free of viruses or other harmful components; or
    4. the results of using the Service will meet your requirements.

14. Final Provisions

  • This Agreement is governed by the laws of Japan and are to be interpreted based upon Japanese law. If the need for litigation between the User and the Service Provider arises, it shall first be the exclusive jurisdiction of the Tokyo District Court or Tokyo Summary Court.
  • The User agrees that the English language version of the Agreement will govern the relationship between the User and the Service Provider. All translations from the English language Agreement to some other language are provided for convenience. In case of any contradictions between the English language version of the Agreement and any translations the English language version shall take precedence.
  • Parties shall not be responsible for total or partial default on their obligations hereunder where this occurs due to the impact of force majeure circumstances. The Parties shall construe force majeure circumstances as circumstances which a Party could not foresee at the time of concluding the contract and could not prevent or remove with any means whatsoever. Such circumstances shall be: natural calamities, strikes, fires, war, lawful or unlawful decisions of public authorities, etc.

15. Contact Us

If you have any questions about this Agreement, please contact us.
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