MagicAnt, Inc. Terms of Service
Last Updated: [18 September, 2018]
Please read these Terms of Service (the “Terms”) and our Privacy Policy available at
http://www.magicant.co.jp/privacy_policy.pdf carefully because they govern your use of
MagicAnt’s (“our”, “we”, or “MagicAnt”) website at http://www.magicant.co.jp (the “Site”) andservices accessible via our mobile applications (each an “App”, collectively “Apps”). To makethese Terms easier to read, our Site and the Apps are collectively called the “Services.”“Content” means text, graphics, images, music, software, audio, video, works of authorship ofany kind, and information or other materials that are posted, generated, provided or otherwise
made available through the Services.
Agreement to Terms
By using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you
don’t agree to these Terms and our Privacy Policy, do not use the Services.
Who May Use the Services
Eligibility – You may use the Services only if you are 16 years or older and are not barred fromusing the Services under applicable law.
If you are under the age of 18, or under the age of majority where you live, you represent thatyour legal guardian has reviewed and agreed to these Terms.
Privacy Policy
Please refer to our Privacy Policy available at http://www.magicant.co.jp/privacy_policy.pdffor
information on how we collect, use and disclose information from you, your computer and yourmobile device. You understand that through your use of our Services you acknowledge thecollection, use and sharing of this information as described in our Privacy Policy. If you don’t
agree with the Privacy Policy, then you must stop using our Services.
Rights and Terms for Apps
Rights in App Granted by Us. Subject to your compliance with these Terms, we grant you alimited, non-exclusive, non-transferable, non-sublicenseable license to download and install a
copy of the App on a mobile device that you own or control and to run such copy of the App
solely for your own personal non-commercial purposes. You may not copy the App, except formaking a reasonable number of copies for backup or archival purposes. Except as expressly
permitted in these Terms, you may not: (i) copy, modify or create derivative works based on theApp; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii)reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App
available to multiple users through any means. We reserve all rights in and to the App not
expressly granted to you under these Terms.

General Prohibitions and Our Enforcement Rights
You agree not to do any of the following:
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Post, upload, publish, submit or transmit any material that: (i) infringes, misappropriates
or violates a third party’s patent, copyright, trademark, trade secret, moral rights or otherintellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages
any conduct that would violate, any applicable law or regulation or would give rise tocivil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory,
obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism,
hatred, harassment or harm against any individual or group; (vi) is violent or threateningor promotes violence or actions that are threatening to any person or entity; or (vii)
promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Services or the Content or any individual element
within the Services, our name, any of our trademarks, logo or other proprietary
information, or the layout and design of any page or form contained on a page, without
our express written consent;
Access, tamper with, or use non-public areas of the Services, our computer systems, orthe technical delivery systems of our providers;Attempt to probe, scan or test the vulnerability of any of our systems or networks orbreach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any
technological measure implemented by us or any of our providers or any other third party(including another user) to protect the Services;
Attempt to access or search the Services through the use of any engine, software, tool,
agent, device or mechanism (including spiders, robots, crawlers, data mining tools or thelike) other than the software and/or search agents provided by us or other generally
available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junkmail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing our trademark, logo URL or
product name without our express written consent;
Use the Services, or any portion thereof, for any commercial purpose or for the benefit of
any third party or in any manner not permitted by these Terms;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used
to provide the Services;
Interfere with, or attempt to interfere with, the access of any user, host or network,
including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services;
Collect or store any personally identifiable information from the Services from otherusers of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity
Violate any applicable law or regulation; orEncourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services, we have the right to doso for the purpose of operating the Services, to ensure compliance with these Terms, and tocomply with applicable law or other legal requirements. We reserve the right, but are notobligated, to remove or disable access to any Services, at any time and without notice, including,but not limited to, if we, at our sole discretion, consider any activity to be objectionable or in
violation of these Terms. We have the right to investigate violations of these Terms or conductthat affects the Services. We may also consult and cooperate with law enforcement authorities toprosecute users who violate the law.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know
either by posting the modified Terms on the Site or through other communications via theServices. It’s important that you review the Terms whenever we modify them because if you
continue to use the Services after we have posted modified Terms on the Site or via the Services,
you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree tobe bound by the modified Terms, then you may not use the Site or the Services anymore.
Because our Services are evolving over time we may change or discontinue all or any part of theServices, at any time and without notice, at our sole discretion.
Links to Third Party Websites or Resources
The Services and Apps may contain links to third-party websites or resources. We provide theselinks only as a convenience and are not responsible for the content, products or services on oravailable from those websites or resources or links displayed on such websites. You
acknowledge sole responsibility for and assume all risk arising from, your use of any third-party
websites or resources.
Apple
If you use the Services on an Apple device, then you agree and acknowledge that:
Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited
to, any obligation to furnish you with maintenance and support with respect to the Services;
You will have no claims, and you waive any and all rights and causes of action against Apple
with respect to the Services or the Terms, including, but not limited to claims related tomaintenance and support, intellectual property infringement, liability, consumer
protection, or regulatory or legal conformance;
Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon youracceptance of the Terms, Apple will have the right (and will be deemed to have accepted
the right) to enforce these Terms against you as a third party beneficiary thereof.

Export Control. You represent and warrant that: (i) you are not located in a country that is
subject to a U.S. Government embargo, or that has been designated by the U.S. Government

as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list ofprohibited or restricted parties.
Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time andwithout notice to you. Upon any termination, discontinuation or cancellation of Services or youraccount, all provisions of these Terms which by their nature should survive will survive,
including, without limitation, ownership provisions, warranty disclaimers, limitations of liability,and dispute resolution provisions.
Warranty Disclaimers
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF
ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISINGOUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTYTHAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON
AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTYREGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS,COMPLETENESS OR RELIABILITY OF ANY CONTENT.
Indemnity
You will indemnify us and hold us harmless including our affiliated entities and their and its
officers, directors, employee and agents, from and against any claims, disputes, demands,
liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable
legal fees arising out of or in any way connected with (i) your access to or use of the Services orContent or (ii) your violation of these Terms.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NORANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE
SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL,EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSSOF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR
SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN
CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE
THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT,TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITYOF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TOHAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOWTHE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL ORINCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILLOUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMSOR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEEDTHE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES, IF ANYTHING.
Time Limitation on Claims
You agree that any claim you may have arising out of or relating to your relationship with us
must be filed within one year after such claim arose; otherwise your claim is permanently barred.
Dispute Resolution
If you are having a problem with a Service, many issues can be resolved by contacting us. You
may find resolution by clicking on the “Support” link on that App. Before bringing a formal legal
case, first contact our Customer Support team at privacy@magicant.co.jp to address your issue.
Most disputes can be resolved that way.
Governing Law and Venue
These Terms and any action related thereto will be governed by the laws of Japan without regard
to its choice of law or conflict of law principles. Further, you and we agree to the exclusive
jurisdiction of the courts in Tokyo, Japan to resolve any dispute, claim, or controversy that
relates to or arises in connection with the Services.
General Terms
These Terms constitute the entire and exclusive understanding and agreement between us andyou regarding the Services and Content, and these Terms supersede and replace any and all priororal or written understandings or agreements between us and you regarding the Services andContent. If for any reason a court of competent jurisdiction finds any provision of these Terms
invalid or unenforceable, that provision will be enforced to the maximum extent permissible andthe other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our priorwritten consent. Any attempt by you to assign or transfer these Terms, without such consent, willbe null. We may freely assign or transfer these Terms without restriction. Subject to theforegoing, these Terms will bind and inure to the benefit of the parties, their successors andpermitted assigns.
Any notices or other communications provided by us under these Terms, including thoseregarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to theServices. For notices made by e-mail, the date of receipt will be deemed the date on which such
notice is transmitted.

Our failure to enforce any right or provision of these Terms will not be considered a waiver ofsuch right or provision. The waiver of any such right or provision will be effective only if in
writing and signed by our duly authorized representative. Except as expressly set forth in theseTerms, the exercise by either party of any of its remedies under these Terms will be without
prejudice to its other remedies under these Terms or otherwise.
Contact Information
If you have any questions about these Terms or the Services, please contact us at
privacy@magicant.co.jp or the address set forth below.
10-2, Udagawa-cho, Shibuya-ku, Tokyo, Japan, 150-0046