These Terms of Use (“Terms”) govern the use of the mobile application and any related features, content, and services (collectively, the “App”) provided by Minerva株式会社 (Minerva K.K., the “Company,” “we,” “us,” or “our”).
The current name, display name, supported operating systems, features, and other current information regarding the App are as displayed within the App, on the App Store, Google Play, or at another location designated by us.
1. Acceptance of These Terms
- These Terms apply to all users of the App.
- By downloading, installing, launching, purchasing, accessing, or using the App, you agree to be bound by these Terms.
- If you do not agree to these Terms, you must not use the App.
- If you are a minor or otherwise unable to enter into a legally binding agreement independently, you must obtain any consent required from your parent, legal guardian, or other authorized person.
- Where the App is distributed through the App Store, Google Play, or another third-party platform, the applicable terms and policies of that platform also apply.
2. App Name, Features, and Specifications
- We may modify the App’s name, icon, design, features, user interface, free features, paid features, device compatibility, supported operating systems, or other specifications when reasonably necessary.
- The features and conditions currently available are those displayed in the latest version of the App.
- We do not guarantee that any particular feature will remain available indefinitely or remain unchanged.
- Changes to operating systems, devices, the App Store, Google Play, or other third-party services may cause some or all features to become unavailable.
3. License
Subject to these Terms and the applicable rules of the platform through which the App was obtained, we grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to use the App for lawful personal purposes.
No ownership or intellectual property rights in the App itself are transferred to you.
4. User Content
- Lyrics, text, chord information, song information, recordings, notes, and other content created, entered, or recorded by you through the App (“User Content”) remain owned by you or the applicable lawful rights holder to the extent such rights exist under applicable law.
- Your use of the App does not, by itself, transfer ownership of your User Content to us.
- Rights in materials owned by third parties remain with the applicable rights holders.
- You must not reproduce, publish, distribute, sell, transmit, or otherwise use third-party lyrics, music, recordings, text, or other copyrighted materials without authorization where such authorization is required.
- Any dispute involving User Content and a third party must be handled by you at your own responsibility and expense, except to the extent that applicable law requires otherwise.
5. Local Storage and Backups
- The App may store some or all User Content locally on your device.
- If cloud synchronization, online backup, or another external storage feature is offered, the applicable conditions will be separately disclosed within the App.
- We generally do not possess a backup copy of data stored solely on your device and may therefore be unable to restore such data.
- You are responsible for creating and maintaining appropriate backups of important data using any export or backup functionality available in the App.
- To the maximum extent permitted by law, we are not responsible for loss, corruption, conversion failure, or inability to access data resulting from circumstances including:
- deletion or reinstallation of the App;
- device malfunction, damage, loss, theft, or factory reset;
- operating system updates or defects;
- insufficient device storage;
- forced termination of the App or device;
- unsuccessful data migration;
- failure to create or restore a backup;
- conflicts with third-party apps or services;
- user error; or
- circumstances outside our reasonable control.
6. Recording and Device Functions
- With your permission, the App may access your microphone or other device functionality.
- We do not guarantee recording quality, successful recording, successful storage, latency-free operation, or identical performance across devices.
- You use the App at your own discretion for important performances, live events, professional work, contractual matters, or other situations where re-recording may be difficult or impossible.
- To the maximum extent permitted by law, we are not responsible for losses arising from failed recordings, silence, audio dropouts, noise, corrupted recordings, failed saves, or accidental deletion.
7. PDF, Printing, Sharing, and Export
We do not guarantee the layout, compatibility, printing results, character rendering, completeness, or availability of PDF generation, printing, text sharing, file export, or similar functionality.
You are responsible for storing, publishing, sharing, and using exported files.
8. Advertising and Third-Party Services
- The App may display advertisements supplied by third-party advertising services.
- We do not warrant the accuracy, safety, legality, quality, or availability of any advertisements, advertised products or services, third-party websites, or other information supplied by third parties.
- Any transaction between you and an advertiser or other third party is solely between you and that third party.
- To the maximum extent permitted by law, we are not liable for interruptions, failures, changes, or other events caused by third-party services.
9. Paid Features and Purchase Terms
- The App may offer subscriptions, one-time purchases, non-consumable purchases, or other paid products and features.
- Product names, types, prices, currencies, taxes, billing periods, availability and duration of free trials, discounts, benefits, included features, and other terms may change.
- The current and specific terms applicable to a purchase are those displayed to you within the App and on the applicable App Store, Google Play, or other store purchase confirmation screen at the time of purchase.
- If a general description in these Terms differs from specific pricing, duration, or other purchase terms presented to and confirmed by you at the time of purchase, the purchase terms presented at the time of purchase will apply to the extent permitted by law.
- We may change the prices, structure, or benefits applicable to future purchases or renewals. Where notice or consent is required for a price change, such change will be handled in accordance with applicable law and the rules of the applicable store.
- If a product is described as “Lifetime,” “Permanent,” “One-Time Purchase,” or by a similar expression, the precise entitlement is determined by the product description presented at the time of purchase. Such terminology does not constitute a guarantee that the App itself, a particular operating system, third-party platform, or related service will exist or remain supported forever.
10. Auto-Renewing Subscriptions
- An auto-renewing subscription automatically renews for the applicable billing period unless you disable automatic renewal.
- Renewal charges are processed using the payment method associated with the Apple Account, Google Account, or other store account used for the purchase.
- You may disable future automatic renewal using the subscription management functionality provided by the applicable store.
- Deleting or uninstalling the App does not cancel a subscription.
- For an iOS free or discounted trial, if you do not wish to convert to a paid subscription, you must cancel in accordance with Apple’s applicable rules. Apple generally instructs users to cancel at least 24 hours before the end of a free or discounted trial.
- For a Google Play free trial, you must cancel before the trial period expires if you do not wish to convert to a paid subscription.
- If you properly cancel before the applicable trial deadline, you will generally not be charged the automatic renewal fee after the trial, subject to the rules of the applicable store and applicable law.
- Following cancellation, paid features may generally remain available through the end of the already-paid billing period, subject to the applicable store’s rules.
11. Managing and Canceling Subscriptions
iOS
Subscriptions can generally be managed and canceled through the subscription settings associated with your Apple Account.
Android
Subscriptions can generally be managed and canceled through the “Payments & subscriptions” or “Subscriptions” section of Google Play.
The names, interfaces, and procedures of these settings may be changed by Apple or Google. You should follow the latest instructions supplied by the applicable platform.
12. Refunds
- Refunds for purchases processed through the App Store or Google Play are generally subject to the refund policies, payment terms, and applicable laws governing the store through which the purchase was made.
- Cancellation of a subscription during a billing period may not result in a prorated refund or refund for the unused portion of the period unless required by applicable law or permitted by the applicable store.
- We do not independently guarantee a refund.
- Nothing in these Terms limits any mandatory refund or consumer rights available to you under applicable law.
13. Prohibited Conduct
You must not:
- violate applicable laws or public policy;
- infringe the rights of the Company or any third party;
- infringe copyright, trademark, privacy, or other rights;
- attempt unauthorized access or compromise security;
- reverse engineer, decompile, disassemble, or otherwise analyze the App except where expressly permitted by applicable law;
- interfere with normal operation of the App;
- fraudulently obtain paid features or manipulate purchase status;
- resell, redistribute, or commercially exploit the App without authorization;
- impersonate another person;
- cause harm or damage to the Company or any third party; or
- engage in any other conduct reasonably determined by us to be inappropriate.
14. Intellectual Property
All copyrights, trademarks, and other intellectual property rights in the App, including its software, user interface, design, logos, icons, text, graphics, and databases, belong to us or the applicable lawful rights holder.
User Content is governed by Section 4.
15. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the App is provided on an “AS IS” and “AS AVAILABLE” basis.
We do not warrant, expressly or impliedly, that:
- the App will always be available;
- the App will operate without interruption;
- the App will be free from bugs or errors;
- data will never be lost or corrupted;
- the App is suitable for any particular purpose;
- any particular musical, composition, recording, or creative result will be achieved;
- PDF, printing, or sharing results will be complete or accurate;
- the App will work on every device or operating system;
- the App will remain compatible with future devices or operating systems;
- third-party services will remain available; or
- the App will meet your expectations.
16. Limitation of Liability
- We are not responsible for losses caused by events outside our reasonable control.
- To the maximum extent permitted by applicable law, we are not liable for losses arising from:
- loss, corruption, or unrecoverability of User Content or recordings;
- recording, saving, PDF generation, printing, sharing, or export failures;
- device failures, operating system updates, or compatibility issues;
- data loss resulting from deletion or reinstallation of the App;
- failures of the App Store, Google Play, advertising services, payment services, or other third-party services;
- communication or network failures;
- unauthorized acts by third parties;
- user error;
- failure by the user to maintain backups; or
- lost profits, lost opportunities, business losses, loss of goodwill, or other indirect, special, incidental, exemplary, or consequential losses arising from the use or inability to use the App.
- Where we are legally liable notwithstanding the foregoing, and except in cases of our willful misconduct or gross negligence or where applicable law otherwise prohibits such limitation, our liability will be limited to actual, direct, and ordinary damages suffered by you.
- To the maximum extent permitted by applicable law, our aggregate liability will not exceed the total amount actually paid by you for the App during the twelve months immediately preceding the event giving rise to the claim.
- If the limitation in the preceding paragraph would effectively constitute a complete exclusion of liability or is otherwise unenforceable under applicable law, our liability will instead be limited to the maximum extent legally permitted.
- Nothing in these Terms excludes or limits liability arising from our willful misconduct or gross negligence, or any liability that cannot lawfully be excluded or limited under applicable consumer protection laws or other mandatory laws.
17. Modification, Suspension, and Termination
- We may modify, suspend, or discontinue all or part of the App where reasonably necessary for operational, technical, legal, security, or other legitimate reasons.
- Where reasonably practicable, material changes or termination that significantly affect users will be announced in advance within the App or through another appropriate method.
- We may modify or suspend the App without prior notice in emergencies, including security incidents, emergency maintenance, or failures of third-party services.
- Any action affecting paid products or subscriptions will be handled in accordance with applicable law and applicable store requirements.
18. Changes to These Terms
- We may amend these Terms where reasonably necessary due to changes in law, changes to the App, or other legitimate reasons.
- Material changes will be announced within the App, on our website, or through another reasonable method.
- Where applicable law requires your consent to a change, we will obtain such consent through an appropriate method.
- Updated Terms will become effective on the effective date specified in the notice.
19. Additional Terms for Apple App Store Users
If you obtained the App through the Apple App Store:
- These Terms are between you and the Company only, and not with Apple Inc. (“Apple”).
- The Company, and not Apple, is responsible for the App and its content.
- Apple has no obligation to provide maintenance or support for the App.
- If the App fails to conform to any applicable warranty, you may notify Apple and Apple may refund the applicable purchase price in accordance with Apple’s rules. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
- The Company, and not Apple, is responsible for addressing claims relating to the App, including product liability, legal or regulatory compliance, consumer protection, and privacy claims, except as otherwise required by applicable law.
- If a third party claims that the App or your possession or use of the App infringes that third party’s intellectual property rights, the Company, and not Apple, is responsible for addressing such claim.
- You must comply with applicable third-party terms when using the App.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a terrorist-supporting country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.
- The license to use the App is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules contained in the Apple Media Services Terms and Conditions, subject to any permitted Family Sharing or similar functionality.
20. Additional Terms for Google Play Users
If you obtained the App through Google Play, Google Play Billing, subscription management, refunds, and other services provided by Google are subject to Google’s applicable terms, purchase conditions, and policies.
Google is not a party to the agreement between you and the Company under these Terms.
21. Severability
If any provision of these Terms is determined to be invalid or unenforceable under applicable law, the remaining provisions will remain in effect.
Any invalid or unenforceable provision will be interpreted or applied to the greatest lawful extent consistent with its intended purpose.
22. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Japan.
To the extent permitted by applicable law, the Tokyo District Court will have exclusive jurisdiction as the court of first instance over disputes arising out of or relating to the App or these Terms.
Nothing in this Section deprives a consumer of mandatory consumer protection rights or jurisdictional rights available under the laws of the consumer’s country or region of residence.