Terms of Service

Last updated: June [24], 2024

Welcome to TheBeats, a service provided by KJ Commons (the “Company,” “we,” or “us”). These Terms of Service (these “Terms”) set out the terms and conditions of your use of TheBeats app (the “App”) and other products and services we may offer on or through the App and our website (the “Service”). Your use of the Service is conditional on your acceptance of these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, do not download, install or use the App, or otherwise use the Service.

### 1. Use of the App

The App is designed to facilitate the sharing of emotions and thoughts through music and other media. You pick how you feel, what you are thinking, and what music fits your current mood, and share that with other users of the App (the “Users”). Users can follow you on your emotional journey and you can also follow other Users on their emotional journeys.You must use the App in compliance with these Terms as well as all applicable laws and regulations. You are responsible for your own communications and interactions while using the App.You must be at least 18 years old to use the Service. If you are between 18 and the age of legal majority in your jurisdiction of residence, you must obtain your parent or legal guardian’s permission in advance to use the Service.You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

### 2. User Accounts

To access certain features of the app, you may be required to create an account. You may be required to provide information including your name and/or nickname, email address, photos, and location data. You agree to provide accurate, current, and complete information during the registration process and to update such information as needed. Failure to do so constitutes a breach of these Terms, which may result in the termination of your account on our Service. You are responsible for maintaining the confidentiality of your account, and your username and password to access the Service, and for any activities or actions under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.You may not use the name of another person or entity or impersonate such person without proper authorization, nor use a name that is otherwise obscene, offensive, or vulgar.

### 3. User Content

The Service allows Users to post content (such as text, audio, images, or posts) (the “Content”). You are responsible for the Content you post to the Service, including its legality, reliability, and appropriateness.By posting, submitting, uploading, linking, or otherwise making available any content (such as text, audio, images, or posts) to the App (the “Content”), you grant the Company a worldwide, non-exclusive, royalty-free license to use, copy, modify, distribute, and display such Content in connection with the operation of the Service. You retain any and all of your rights to any Content that you post, submit or upload on or through the Service, and you are responsible for protecting such rights. You represent and warrant that you own the Content or have the right to use the Content and grant us this license, that the Content does not violate any third-party rights, and that the posting, submitting, uploading, linking, or otherwise making available the Content does not violate any intellectual property rights, privacy rights, publicity rights, or any rights of any person.

### 4. Prohibited Conduct

You are solely responsible for any Content you post and for any activity that takes place on the Service under your account. You may not post, submit, upload, or transmit any Content that is unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable on the Service. Such objectionable Content includes, but is not limited to, content that is:- unlawful or promoting unlawful activity;- defamatory or discriminatory;- unauthorized or unsolicited advertising or solicitation;- containing viruses, worms, malware, or other content that is designed to disrupt, damage, or limit the functioning of the Service or any other software, hardware, or equipment;- infringing on or violating any rights of any party;- impersonating any person or entity; or- containing false or deceptive informationYou also agree not to engage in any of the following activities:- using the Service for any illegal purpose;- harassing, threatening, or defaming other Users;- interfering with or attempting to interfere with the proper functioning of the Service;- impersonating others- misleading or defrauding others for an illegal or unauthorized purpose;- allowing another person to use your account; and- doing anything that violates another person’s rights, including privacy rights and intellectual property rights.The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, and to refuse or remove the Content. The Company may also limit or revoke your use of the Service if you post objectionable Content. As the Company cannot control all of the Content posted by the Users on the Service, you understand and agree to use the Service at your own risk. You also understand and agree that by using the Service, you may be exposed to Content that you may find offensive or objectionable, and that under no circumstances will the Company be liable in any way for any Content, including errors or omissions in any Content, or any loss or damages of any kind incurred as a result of your access to or use of any Content or the Service.

### 5. Intellectual Property

All copyrights and other intellectual property rights in and to the Service, including the App and contents published thereon (excluding the Contents), are owned by the Company or its licensors, if any. The Service is protected by copyright, trademark, or other intellectual property rights to the maximum extent.Subject to your compliance with these Terms, we grant to you a non-exclusive, non-transferable, non-assignable, revocable, limited license to use the Service (including the App and the software in connection with the Service) solely for your personal and non-commercial use of the Service.

### 6. Termination

The Company reserves the right to suspend or terminate your account or your access to and use of the App or the Service at any time, without notice or liability, for any reason whatsoever, including, without limitation, for conduct that we believe violates these Terms or that is harmful to the other Users.If you wish to delete your account, you can do so by completing the account deletion process.Upon deletion or termination of your account, you will lose your right to use the Service, including the App, and any right and privilege you may have had in, to, or in connection with your account, including, but not limited to, the Content.

### 7. Disclaimer of Warranties

The Service, including the App, is provided "AS IS" and "AS AVAILABLE" with all faults and defects and without warranties of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf, and on behalf of its licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free, or that any errors or defects can or will be corrected.Without limiting the foregoing, neither the Company nor any of the Company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.You also understand and agree that the Services may also include advertisements. You agree that such advertisements are not unsolicited advertisements, and you agree to receive them subject to all applicable laws. You agree that we shall not be responsible or liable for any loss or damages incurred as a result of such dealings or as a result of the presence of such advertisers on the Service. You understand and agree that your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings are solely between you and the relevant advertiser. We make no warranties, express or implied, as to the accuracy, timeliness, completeness, merchantability, fitness for a particular purpose, or any other kind of quality of any advertisement in any form shown on the services or any advertisement in any form shown on the Service or any third party’s website linked from the services or external services linked or connected from the Service. We assume no liability for any loss, damages, or disadvantage you or a third party may incur in connection thereto.

### 8. Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the Company under any provision of these Terms, and your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by you through the Services, or if you have not purchased anything through the Services, [JPY1,000].To the maximum extent permitted by applicable law, in no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of the Service), whether based on warranty, contract, tort (including negligence), or any other legal theory, arising out of or in connection with your use of the Service, even if the Company has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

### 9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of laws rules. These laws will apply to you, regardless of where you are located, but if you live outside of Japan, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.Any doubt or dispute arising between you and us shall be negotiated between you and us in good faith. If the doubt or dispute still cannot be resolved through good-faith negotiation, you and us agree to be subject to the exclusive jurisdiction of the Tokyo District Court in Tokyo, Japan, in the first instance.You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

### 10. Changes to Terms

The Company reserves the right, at our sole discretion, to modify these Terms at any time. We will notify you of any changes by posting the updated version of these Terms on the Service. Unless otherwise provided by us, the updated Terms of Service will become effective at the time they are posted on the Service. Accordingly, you should periodically review these Terms to determine if any changes have been made. Your continued use of the Service after such changes take effect constitutes your acceptance of the updated Terms of Service. If you do not agree to the updated Terms of Service, in whole or in part, please stop using the Service.

### 11. Assignment

You may not assign or transfer to third parties, have third parties succeed to, create a security interest for the benefit of third parties over, or otherwise dispose of, your rights, obligations or contractual position under these Terms. You acknowledge and agree that the Company may at any time assign or transfer to third parties, have third parties succeed to, create a security interest for the benefit of third parties over, or otherwise dispose of the Company’s rights, obligations or contractual position under these Terms.In the event of an assignment or transfer to a third party as set out above, you acknowledge and agree that all of your User data, including personal information, may be transferred to the third-party assignee or transferee. Such third-party assignee or transferee will continue to be bound by these Terms with respect to your data and use of the Service.

### 12. Disclosures Required by Law

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, and in accordance with our Privacy Policy. We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate these Terms. We will use reasonable efforts to notify you if we provided your contact information in connection with any such inquiry, to the extent permitted by law. You agree to hold us harmless in connection with any claims resulting from any action taken by us during or as a result of our investigations and/or from any actions taken as a consequence of investigations by either us or any law enforcement or regulatory authorities.

### 13. Privacy Policy

Your access to and use of the Service is also conditioned on your acceptance and compliance with the Privacy Policy. The Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you use the Service, and sets out your rights regarding privacy and the applicable laws, including, but not limited to, the Act on the Protection of Personal Information in Japan, the General Data Protection Regulation (GDPR) in Europe, and the Personal Information Protection Act (PIPA) in South Korea. Users in these and other regions have specific rights regarding their personal data, and we are committed to ensuring these rights are upheld.Please make sure to carefully read our Privacy Policy. If you do not agree to the terms and conditions of the Privacy Policy, please do not use the Service.

### 14. Contact Information

If you have any questions about these Terms, please contact us at support@thebeats.app.