These Terms of Service (hereinafter referred to as the “Terms”) set forth the conditions of use for the poker calculation tool “drawplayer” (hereinafter referred to as the “Service”), operated and provided by Kirure Inc. (hereinafter referred to as the “Company”). These Terms constitute a legally binding contract between the Company and all individuals or entities (hereinafter referred to as “Users”) who use the Service.
By using the Service, Users are deemed to have confirmed and agreed to all provisions and contents of these Terms. If a User does not agree to these Terms, they will not be able to use the Service. These Terms comprehensively stipulate the contents of the services provided by the Company, the rights and obligations of Users, the scope of the Company’s liability, and other matters. They clarify the standards and rules for Users to use the Service appropriately. Additionally, these Terms, together with the Company’s separately established Privacy Policy and other supplemental terms, form a comprehensive contractual relationship between the User and the Company.
All rights and obligations arising from the use of the Service under these Terms shall be interpreted in accordance with the laws of Japan. All disputes arising in connection with the Service shall be subject to the exclusive jurisdiction of the Tokyo District Court.
Article 1 (Definitions)
- “The Service” refers to all services, features, and related content provided by the Company through this website. The Service includes both free and paid features that the Company may provide from time to time, but is not limited to these.
- “User” refers to any individual or entity who views, uses, or otherwise accesses the Service. This includes everyone who uses the Service, regardless of whether they are registered.
- “Registered User” refers to an individual or entity who has completed the registration procedure specified by the Company and whose registration is approved by the Company. Registered Users are granted the right to use some or all features of the Service.
- “Paid Services” refers to advanced tools, features, and content within the Service that Users can access based on monthly billing or other fee structures. The specific contents and fee structures for Paid Services will be disclosed on the Company’s website as needed.
- “Personal Information” refers to information that can identify a specific individual, as defined by the Act on the Protection of Personal Information (Act No. 57 of 2003). This includes a person’s name, address, telephone number, email address, or any other description or data that can identify a specific individual, as well as data related to appearance, fingerprints, voiceprints, health insurance policy numbers, etc.
- “Stripe” refers to the third-party online payment platform the Company uses for payment processing. Stripe provides the system necessary for Users to make payments safely and smoothly. Its use is subject to the Terms of Service and Privacy Policy defined by Stripe.
Article 2 (Agreement to These Terms)
- Users may only use the Service if they agree to all provisions of these Terms. Agreement to these Terms is deemed to be established at the time the User commences any action to use the Service.
- If a User is a minor, the Service may only be used with the prior consent of a parent or legal guardian. If a minor agrees to these Terms without the consent of their legal representative, the Company reserves the right to invalidate such use by the minor. However, if the minor continues to use the Service after reaching adulthood, such continued use shall be deemed to be a ratification of all provisions of these Terms.
- Users who do not agree to these Terms may not use the Service. Furthermore, if a User expresses any intent of non-consent after commencing use of the Service, the Company reserves the right to immediately restrict or suspend that User’s access to the Service.
- These Terms constitute a legally binding agreement between the User and the Company, and apply to the use of all services and related content provided by the Company.
Article 3 (Contents of the Service Provided)
- The Service refers to an online tool operated and provided by the Company for assisting with calculations and strategic analysis in poker. It is designed as a multifunctional platform to enable Users to efficiently conduct probability calculations and strategic learning for poker.
- Basic Features and Paid Services
- The Service includes basic features available to Users who have completed registration. The scope of these basic features will be detailed on the website as needed.
- If a User contracts for Paid Services by following the procedures specified by the Company, they may use more advanced tools and additional features (hereinafter referred to as “Paid Services”) in addition to the basic features. The content and fee structure of the Paid Services will be provided on the Service or under separate terms as specified.
- The Company may, without prior notice, change, improve, or temporarily suspend the content of the Service for the following purposes:
- To enhance the user experience and make technical improvements.
- To comply with changes in laws or regulations.
- For system maintenance, troubleshooting, or security reasons.
- The Service is provided “as is,” and the Company does not guarantee that it will fully meet any User’s specific purposes or deliver the results they expect. The Company assumes no liability for any damages incurred through the use of the Service.
Article 4 (Fees and Payment Methods)
- If a User wishes to use any Paid Services within the Service, they must pay the prescribed fees through a payment service designated by the Company (hereinafter referred to as “Payment Service”), in accordance with a separate fee schedule set by the Company. The fees for Paid Services and payment conditions are displayed from time to time on the website of the Service or related informational pages.
- Payment Methods and Contract Period
- Users shall pay the usage fees in advance via the Payment Service (such as Stripe) using credit cards or other methods designated by the Company.
- The contract for Paid Services becomes effective on the day the User enters into an agreement through the procedure specified by the Company and continues until the cancellation procedure is completed.
- Automatic Renewal and Cancellation
- The contract period for Paid Services is set based on a monthly plan or other fee structure, and unless the User completes the cancellation procedure before the contract period expires, it will be automatically renewed under the same conditions.
- Cancellation becomes valid only when the User completes the procedure designated by the Company. Even if the User completes the cancellation procedure during the contract period, the usage fee for that month will not be subject to a pro-rated refund.
- Applicable consumption tax and other taxes may be included in the fees for Paid Services. All such taxes and any transaction fees related to payments are borne by the User.
- Failed Payment and Service Suspension
- If the User fails to make payment through the Payment Service, the Company has the right, after notifying the User, to suspend that User’s use of the Paid Services.
- If payment failures persist, the Company may terminate the service contract.
- The Company may change the fees for Paid Services as necessary. If the Company changes such fees, the User will be notified at least 30 days in advance. If the User continues to use the Paid Services after the fee changes, the User is deemed to have agreed to the new fee structure.
Article 5 (Ownership of Rights)
- Ownership of Intellectual Property Rights: All copyrights, patent rights, trademark rights, design rights, know-how, and any other intellectual property rights (hereinafter referred to as “Intellectual Property Rights”) related to the Service and all content, programs, data, designs, images, videos, text, software, trademarks, logos, trade names, and all other information that comprise the Service (hereinafter collectively referred to as “Content, etc.”) are exclusively owned by the Company or by a legitimate right holder who has granted the Company permission to use them.
- Restrictions on Scope of Use: Without the permission of the Company or the legitimate right holder, Users shall not engage in the following acts:
- Reproducing, reprinting, modifying, editing, translating, selling, lending, publicly transmitting, redistributing, or reusing the Service or its Content, etc.
- Using the Service or its Content, etc., for commercial or for-profit purposes.
- Disassembling, decompiling, reverse engineering, or otherwise analyzing the technical mechanisms of the Service.
- Allowing a third party to use all or part of the Service without the Company’s prior written consent.
- Handling of User-Generated Data: The handling of data generated or saved by the User through the use of the Service (hereinafter referred to as “User-Generated Data”) is as follows:
- Ownership of User-Generated Data belongs to the User. However, the User grants the Company permission to use such data for the provision, operation, improvement, and analysis of the Service.
- Even if a User withdraws from or ceases to use the Service, the Company may continue to use, within an appropriate scope, any data that needs to be retained for a reasonable period of time.
- If User-Generated Data is in violation of laws or public order and morals, or if the Company deems it inappropriate, the Company reserves the right to delete such data without prior notice.
- Damages: If the User’s violation of this Article causes damage to the Company or a third party, the User shall be liable for compensating such damage (including both direct and indirect damages, but not limited thereto).
Article 6 (Use of the Internet and Network Environment)
- Users acknowledge that a stable internet connection environment is necessary to use the Service, and shall, at their own responsibility and expense, prepare the following:
- Communication equipment, internet environment, and provider contracts necessary for internet connectivity.
- Payment of communication fees, provider charges, or other related costs.
- Implementation of security measures such as antivirus software and firewalls.
- Users confirm that the Company bears no responsibility for any of the following issues arising from their network environment:
- The Service does not function properly due to network environment issues or connectivity disruptions.
- Difficulties in using the Service caused by internet congestion, delays, or other external factors.
- Loss or leakage of data resulting from deficiencies or vulnerabilities in the network environment.
- Recommended Environment
- The Company may indicate a recommended environment on its website or in usage guides so that Users can use the Service comfortably and securely.
- Users acknowledge that the Company assumes no responsibility for any problems that arise if the Service is used with devices or software that do not meet the recommended environment.
- Software Updates
- The Company may update the software of the Service as necessary to maintain its stability and security.
- Users acknowledge and agree that such updates may be automatically applied, and that if these updates are not applied, some or all parts of the Service may become unavailable.
- Disclaimer
- The Company assumes no responsibility for any interruption, suspension, or restriction of Service use caused by issues with the internet connection environment or communication equipment.
- The Company is not liable for any communication failures or data leakage caused by force majeure or third-party interference.
Article 7 (Prohibited Acts)
- Acts that violate laws or public order and morals
- Acts in violation of laws or related to criminal activities.
- Transmitting or displaying information containing content contrary to public order and morals.
- Acts that threaten internet security, such as unauthorized access or the distribution of computer viruses.
- 2. Acts that infringe on the rights of other Users or third parties
- (1) Acts that infringe on copyrights, trademarks, patents, privacy rights, portrait rights, or any other intellectual property rights or property rights of other Users or third parties.
- (2) Acts that defame other Users or third parties, damaging their honor or credibility.
- (3) Acts of collecting, using, or disclosing personal information of others without authorization.
- Acts that interfere with the operation of the Service
- Accessing the Service through means other than the interfaces provided by the Company.
- Overloading servers or networks, or engaging in acts that may cause system failures.
- Analyzing, modifying, reverse compiling, or reverse engineering the Service’s source code or security features.
- Unauthorized use of account information
- Using another person’s account information without permission.
- Providing, lending, transferring, selling, or sharing one’s own account information with a third party.
- Unauthorized commercial use
- Using the Service or its content for commercial purposes without prior approval from the Company.
- Advertising, selling, or soliciting goods or services to third parties using the Service.
- Other inappropriate acts
- Transmitting, displaying, or providing information deemed inappropriate by the Company.
- Using the Service in ways that deviate from its intent or purpose.
- Any other acts that the Company reasonably deems inappropriate.
Article 8 (Suspension and Termination of the Service)
- The Company may, without prior notice to the User, temporarily or permanently suspend all or part of the Service if any of the following applies:
- The User has violated these Terms or any related rules and guidelines.
- The User has registered or provided false information.
- The Company deems that the User has committed or may commit fraudulent acts or infringements against other Users or third parties.
- A payment failure, non-payment, or fraudulent use by the User is discovered.
- The Company reasonably determines that the operation of the Service is hindered.
- The provision of the Service becomes difficult due to natural disasters, power outages, communication line failures, or other force majeure events.
- Any other reasonable grounds on which the Company deems it appropriate to suspend the Service.
- The Company may, for business or other reasonable reasons, terminate all or part of the Service. In the event the Service is terminated, the Company will notify Users in advance to a reasonable extent based on the following:
- Notifications may be made by posting on the Company’s website or by sending an email to registered Users, or by any other method the Company deems appropriate.
- In principle, the Company will provide notice at least 30 days before the termination date of the Service. However, in cases of urgent necessity, this period may be shortened.
- The Company assumes no liability whatsoever for the following:
- Any damage incurred by the User or a third party as a result of the suspension or termination of the Service under this Article.
- Any damage arising from the deletion or loss of data stored by the User in the Service after the Service has been terminated.
- If the Service is suspended or terminated under this Article, the User may not request a refund of any fees already paid, unless the Company separately decides to provide a refund.
Article 9 (Withdrawal and Cancellation)
- Withdrawal Procedure
- If a User wishes to withdraw, they shall follow the procedure specified by the Company. This procedure may be carried out via the settings screen within the Service, the inquiry form on the website, or any other method designated by the Company.
- Once the withdrawal procedure is completed, the User loses the right to access the Service. If the User wishes to use the Service again after withdrawal, they must complete the registration process anew.
- Effect of Cancellation
- The contract for Paid Services ends on the day the User completes the cancellation procedure. However, even if the cancellation procedure is carried out in the middle of the contract period, there will be no prorated settlement of fees for the current month, and no refund will be provided.
- Upon completion of the cancellation procedure, any data the User had stored within the Service may be deleted. The Company assumes no responsibility for any data deletion.
- 3. Data Management
- (1) Even after withdrawal, the Company may retain the User’s personal information and usage history for a certain period to the extent required by law. However, once the retention period ends, the Company will promptly delete or anonymize the relevant data.
- (2) Users shall back up or save any necessary data before completing the withdrawal or cancellation procedure. The Company assumes no responsibility for restoring data after withdrawal.
- Refund of Usage Fees
- No refunds will be given if the User cancels or withdraws for personal reasons.
- If the Company terminates the Service for its own reasons, the Company may at its discretion refund fees corresponding to the unused portion of the contract period. The Company will determine the scope and method of such refunds within reasonable limits.
- If a refund is to be made, the User must provide the information necessary for the refund procedure (e.g., bank account details). The Company is not responsible if the refund cannot be completed due to insufficient or incorrect information.
- 5. Effects after Withdrawal and Cancellation
- Even if the User withdraws or cancels the Service, the Company is not obligated to withdraw any pending invoices, claims for damages, or legal actions arising from the User’s use of the Service.
- If the User continues to violate these Terms even after withdrawal or cancellation, the Company has the right to take necessary measures.
Article 10 (Refund Policy and Damages)
- Refund Policy
- The Company will not refund any fees related to the use of the Service for reasons attributable to the User, under any circumstances. However, the Company may issue a refund only in the following cases:
- The User was unable to use the Service in a reasonable manner due to technical problems.
- The Paid Service provided by the Company was unilaterally interrupted or terminated for reasons attributable to the Company.
If the User withdraws or cancels, the Company is not obligated to withdraw any unresolved invoices, claims for damages, or legal actions arising from the User’s use of the Service. - In the event that the Company issues a refund under the preceding paragraph, the scope and method of the refund shall be determined at the Company’s discretion.
- Scope of Damages
- The Company shall be liable to compensate for damages directly incurred by the User through use of the Service, but only to the extent ordinarily foreseeable. However, in the following cases, the Company assumes no liability for damages whatsoever:
- Indirect damages, special damages, incidental damages, or loss of profits resulting from the use of the Service.
- Disputes with third parties arising while the User uses the Service.
- Defects caused by user error or the User’s usage environment.
- Even if the Company is found to be liable, the maximum amount of damages shall be limited to the fees the User has paid to the Company in the most recent one-month period.
- Disclaimer
- The Company does not guarantee that the Service will function properly on all devices or in all communication environments.
- The Company shall not be held responsible if provision of the Service becomes difficult due to force majeure events such as natural disasters, wars, riots, strikes, communication line failures, changes in law, or other unavoidable circumstances.
- The Company does not guarantee the accuracy, completeness, timeliness, or usefulness of any information provided by the Service.
- If a User causes damage to a third party or becomes involved in a dispute with a third party in connection with the User’s use of the Service, the User shall resolve it at the User’s own responsibility and expense, and shall not make any claims against the Company.
Article 11 (Account Management and Responsibility)
- Account Registration and Management
- When creating an account necessary for using the Service, the User shall, at their own responsibility, register accurate and up-to-date information. If any registered information is false or incomplete, the Company may suspend or delete that User’s account.
- The User shall strictly manage their account information (including ID, password, and any other information designated by the Company) and shall not disclose, transfer, lend, sell, or share it with any third party.
- Leakage and Unauthorized Use of Account Information
- If the User’s account information is leaked to a third party or is suspected of being used unlawfully, the User shall promptly notify the Company of that fact and follow the Company’s instructions.
- If the account information is leaked due to the User’s intentional or negligent act, and is then used unlawfully by a third party, the Company shall bear no responsibility for any resulting damages. However, this does not apply if the Company is judged to have direct responsibility for such damages.
- If the User’s unauthorized use of an account causes damage to the Company or a third party, the User shall be liable to compensate for all such damages (including both direct and indirect damages).
- The Company’s Right to Suspend or Delete Accounts
- If the User violates these Terms or any related rules/guidelines.
- If the User registers false or inaccurate information.
- If the Company reasonably determines that the User’s account is being used fraudulently by a third party.
- If it is deemed necessary to protect the operation and security of the Service or the interests of other Users.
- Effects of Account Suspension or Deletion
- If the User’s account is suspended or deleted, the User loses the right to access all or part of the Service’s features.
- Data stored within the Service may be deleted upon account suspension or deletion. The Company assumes no responsibility for any such data deletion.
- The Company is under no obligation to disclose details or reasons for the suspension or deletion of the account.
- Disclaimer
- The Company assumes no responsibility for damages arising from negligence in account management (including improper handling of IDs or passwords) by the User.
- Even if an account is suspended or deleted, the User is not entitled to a refund of any usage fees already paid.
Article 12 (Handling of Personal Information)
- The Company shall properly manage and handle personal information (hereinafter referred to as “Personal Information”) obtained from Users, in accordance with the Act on the Protection of Personal Information (hereinafter referred to as the “Personal Information Protection Act”), other relevant laws and regulations, guidelines, and the Company’s separately established Privacy Policy.
- The Company will use the obtained Personal Information only for the following purposes:
- To provide, operate, and improve the Service.
- To provide user support and respond to inquiries.
- To bill users and process payments.
- To issue important notices related to the Service.
- To prevent and investigate fraudulent activities.
- To create statistical information and conduct marketing activities based on how the Service is used (used in a manner that does not identify individuals).
- The Company will not provide a User’s Personal Information to any third party, except in the following cases:
- When the User has given consent.
- When disclosure is permitted under the Personal Information Protection Act or other laws and regulations.
- When the information is provided to the Company’s contractors (e.g., Stripe) within the necessary scope for payment processing or data analysis.
- In the event of a merger, business transfer, or other similar circumstances where business operations are succeeded.
- Management and Retention Period of Personal Information
- The Company shall take both technical and organizational safety control measures to securely and appropriately manage Users’ Personal Information.
- Personal Information is retained only for the period necessary to achieve the purposes of use. When these purposes have been fulfilled, the Company will promptly delete or anonymize the relevant Personal Information. However, this does not apply if retention is required by law.
- Users may, with respect to their own Personal Information held by the Company, request the following pursuant to the Personal Information Protection Act:
- Disclosure of Personal Information.
- Correction, addition, or deletion of Personal Information.
- Suspension or erasure of Personal Information.
- The Company assumes no responsibility if, while using the Service, a User discloses their own Personal Information to other Users or third parties, and any consequences that may arise therefrom.
Article 13 (Changes to These Terms)
- The Company may change the content of these Terms under the following circumstances:
- If the change is deemed to be in the general interest of the Users.
- If the change is necessary based on reasonable grounds such as amendments to laws, changes in the Service, or other reasons.
- If the Company changes these Terms, it shall notify Users of the changes and their effective date in advance by one of the following methods:
- Posting on the Service’s website.
- Sending to the email address registered by the User.
- In-app notifications within the Service, or any other method the Company deems appropriate.
- Application of the Changed Terms
- If a User continues to use the Service after these Terms have been changed, that User is deemed to have agreed to the changed Terms.
- If a User does not agree to the changes, the User shall cease using the Service before the effective date of the changed Terms. In this case, the Company shall have no obligation to refund any usage fees already paid by the User.
- Exceptions to Changes in the Terms
- If a change to these Terms substantially impacts fees or the rights and obligations of Users, the Company shall provide reasonable prior notice and obtain the Users’ explicit consent.
- If such explicit consent cannot be obtained under the preceding paragraph, the Company may suspend the provision of the Service to that User.
Article 14 (Governing Law and Jurisdiction)
- The formation, validity, performance, interpretation, and enforcement of these Terms shall be governed by the laws of Japan, excluding its conflict-of-law principles.
- For all disputes arising in connection with these Terms or the Service, depending on the amount in controversy, the Tokyo Summary Court or the Tokyo District Court shall have exclusive jurisdiction in the first instance.
- Even if the Service is used outside Japan, the interpretation and application of these Terms shall be governed entirely by Japanese law, and the User shall not assert any rights under local laws.
- Even if any provision or part of a provision of these Terms is deemed invalid, illegal, or unenforceable by a court or other competent authority, the remaining provisions shall remain in full force and effect, and the parties shall replace the invalid provision with one that most closely reflects its intent.