Terms of Service
Terms of Service
These Terms of Service (hereinafter referred to as the "Terms") set forth the terms and conditions for the use of "IKKA" (hereinafter referred to as the "Service") provided by Sparkle AI Inc. (hereinafter referred to as the "Company"). Prior to using the Service, please carefully read these Terms and the Privacy Policy. If you do not agree to these Terms, you may not use the Service.
Article 1 (Definitions)
The terms used in these Terms shall be defined as follows:
"Laws and Regulations" means laws, regulations, notifications and directives from regulatory authorities, self-regulatory rules, etc.
"Website" means the website accessible at https://ikka.me or its successor/subsequent URLs.
"Prospective User" means as defined in Article 2, Paragraph 1.
"User Wallet" means as defined in Article 2, Paragraph 1.
"High-Risk Countries" means as defined in Article 2, Paragraph 5.
"User" means a Prospective User who has entered into the Usage Agreement with the Company in accordance with Article 2, Paragraph 2.
"Usage Agreement" means as defined in Article 2, Paragraph 2.
"User Wallet Information" means as defined in Article 4, Paragraph 1.
"Paid Currency" means as defined in Article 5, Paragraph 1.
"Free Currency" means as defined in Article 5, Paragraph 1.
"In-Service Currency" means as defined in Article 5, Paragraph 1.
"Prohibited Actions" means as defined in the preamble of Article 6.
"Service Changes, etc." means as defined in Article 7, Paragraph 1.
"Withdrawal" means as defined in Article 8, Paragraph 1.
"Confidential Information" means as defined in Article 13, Paragraph 1.
"Terms in Other Languages" means as defined in Article 19.
"Intellectual Property Rights" means copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including rights to obtain such rights or rights to file applications for registration of such rights).
"Linked Services" means all external services that are linked to the Service.
"Anti-Social Forces, etc." means organized crime groups, members of organized crime groups, persons who have ceased to be members of organized crime groups within the past 5 years, quasi-members of organized crime groups, companies/organizations associated with organized crime groups, corporate extortionists, groups engaging in criminal activities under the pretext of social/political movements, organized crime groups with special intelligence, right-wing organizations, and other anti-social forces and those equivalent thereto.
"Force Majeure Events" means the following events and other force majeure events:
Natural disasters such as typhoons, earthquakes, floods, etc.
Infectious diseases and other epidemics
War, civil war, revolution, riot, national division or threat thereof
Fire and explosion
Emergency situations equivalent to items 1 through 4
Communication failures or interruptions due to power outages or other causes, or defects in telecommunications services provided by telecommunications carriers
Amendment, abolition, or change in interpretation of Laws and Regulations (including cases where such effects are retroactive)
Damage caused by types of malware, spyware, worms, or other computer viruses that cannot be prevented by normal security measures (including but not limited to computer viruses for which virus patterns and virus definition files are not provided in normal computer virus protection software) or unauthorized access by third parties
Changes to all or part of Linked Services' content, suspension or interruption of all or part of Linked Services' provision, changes to Linked Services' terms of use or other terms
Issues related to third-party software (including OS, middleware, and DBMS, but excluding Linked Services), hardware, or databases
Compulsory measures such as searches, seizures, inspections, and other enforcement actions based on the Code of Criminal Procedure, Act on Wiretapping for Criminal Investigation, and other Laws and Regulations
Article 2 (Use of the Service)
A person who wishes to use the Service (hereinafter referred to as "Prospective User") shall complete phone number authentication procedures, create a cryptocurrency wallet using said phone number (hereinafter referred to as "User Wallet"), and complete other procedures specified by the Company before using the Service.
When a Prospective User completes the procedures specified in the preceding paragraph, a contract to use the Service in accordance with these Terms (hereinafter referred to as "Usage Agreement") shall be established between the Company and the Prospective User.
Users shall prepare, at their own expense and responsibility, the software, programs, information terminals, means of communication, and computer security measures (including but not limited to virus protection) necessary to use the Service.
If a minor uses the Service, consent from their parent or other legal representative is required for all actions related to the Service (including agreement to these Terms).
The Company may refuse to provide the Service if it reasonably determines that a User may be a citizen or resident of a country or region where the use of the Service is restricted or prohibited by applicable Laws and Regulations, or where the provision of the Service is prohibited or may be interpreted as illegal (including but not limited to the United States, China, Afghanistan, Myanmar, Syria, Yemen, North Korea, and Iran; hereinafter referred to as "High-Risk Countries"). The Company may also request Users to provide information about their nationality, residence, permanent residency status, and other information to make such determination.
Article 3 (Service)
Users shall, through the Service and in accordance with methods specified by the Company (including payment of service usage fees as specified by the Company), conduct necessary and sufficient research and consideration regarding the prices of automobiles and other items specified by the Company, make predictions about such prices, and provide such information and other information specified by the Company to the Company. The Company shall pay an amount determined by the Company (including zero) as compensation for the work required for such predictions and the provision of such information, in accordance with methods determined by the Company.
Article 4 (Wallet)
Users shall manage their private keys, seed phrases, passwords, and all other information related to their User Wallet (hereinafter referred to as "User Wallet Information") at their own responsibility and take necessary measures to prevent unauthorized use by third parties. Users shall be fully responsible for any actions taken by themselves or third parties using their User Wallet Information.
Users shall not allow third parties to use their User Wallet or share it with third parties unless approved by the Company.
The Company may consider all actions taken using User Wallet Information as actions taken by the User to whom such User Wallet Information belongs, regardless of who actually used it.
If a User's User Wallet Information is being used without authorization by a third party or if there is a risk of such unauthorized use, the User shall promptly notify the Company and take necessary measures to prevent such unauthorized use.
Article 5 (In-Service Currency)
The Company may issue and grant currency that can only be used within the Service, either for a fee or free of charge, in accordance with methods determined by the Company (hereinafter, currency issued and granted for a fee shall be referred to as "Paid Currency," currency issued and granted free of charge shall be referred to as "Free Currency," and both shall be clearly distinguished from each other in the Service and collectively referred to as "In-Service Currency").
Users who wish to purchase Paid Currency shall pay the Company the price for Paid Currency as determined by the Company, following procedures specified by the Company. When such procedures are completed, a sales contract for Paid Currency shall be established between the Company and the User.
The Company shall issue and grant Free Currency in accordance with the timing, method, and other details determined by the Company.
Users may only use In-Service Currency within the Service.
Users may not receive refunds or exchange Paid Currency except as provided by Laws and Regulations. In cases provided by Laws and Regulations, the Company shall process refunds for Paid Currency in accordance with details specified by the Company and through methods designated by the Company.
Article 6 (Prohibited Actions)
Users shall not engage in any of the following actions (hereinafter referred to as "Prohibited Actions") that the Company reasonably determines to be applicable in connection with the use of the Service, whether by themselves or through third parties:
Actions that violate or may violate these Terms or Laws and Regulations
Actions that are contrary to or may be contrary to public order and morals
Using the Service through methods other than those specified by the Company or methods reasonably determined by the Company to be improper
Actions that infringe or may infringe upon intellectual property rights, portrait rights, privacy rights, reputation, property, or any other rights or interests of the Company or third parties
Actions that assist or encourage any of the actions in items 1 through 4
Use by minors without consent of their legal representatives
Actions involving Anti-Social Forces, etc., including providing benefits to them
Harassment, defamation, or similar actions against the Company or third parties
Using the Service while impersonating third parties
Using the Service for illegal or improper purposes, or in a manner that may lower or potentially lower the Company's social evaluation
Actions that interfere with or may interfere with the provision of the Service or obstruct or may obstruct the provision of the Service (including acts or omissions outside the Service)
Using automated means such as information collection bots, robots, scrapers, or other automated methods to use the Service, access the Service, or collect or input information
Actions that alter or delete information about the Company or other Users or other information posted on the Service or Website
Uploading to the Service, sending to the Company or third parties, or making available for receipt any information that falls under or is determined by the Company to fall under any of the following:
Information containing expressions that damage the reputation or credit of the Company or third parties
Information containing violent or cruel expressions
Information containing obscene expressions
Information containing expressions that promote discrimination
Information containing expressions that promote suicide, self-harm, or inappropriate use of drugs
Information containing illegal solicitation, advertising, etc.
Information containing expressions that cause discomfort to others
Personal information or other information for which legal and legitimate rights or permissions have not been obtained for acquisition, uploading to the Service, or sending to the Company or third parties
Information obtained through illegal methods
Information containing computer viruses or other harmful computer programs
Actions to modify, delete, decompile, disassemble, or reverse engineer programs related to the Service or Website, or use network monitoring or detection software to determine the Website's site architecture
Actions that interfere with or compromise the consistency or security of the Service's system, or attempts to decode transmissions to or from servers running the Service
Unauthorized access or other actions that place excessive load on the Website or Service's network or system
Actions to provide services or products similar to or competing with the Service, or using the Service to prepare for such actions
Using the Service with a cryptocurrency wallet over which one does not have management and disposal rights
Any other actions that infringe upon the rights or interests of the Company or third parties
Other actions that the Company determines to be inappropriate and requests Users to resolve within a reasonable period after prior notice
Article 7 (Changes, Temporary Suspension, Interruption, or Termination of the Service)
The Company may change, modify, or add to all or part of the Service's content, or temporarily suspend or interrupt all or part of the Service's provision (hereinafter referred to as "Service Changes, etc.") in any of the following cases:
When adding new functions to the Service, or changing, suspending, making private, or deleting existing functions or screen layouts, etc.
When conducting inspection or maintenance of hardware, software, communication equipment, or other related equipment or systems for the Service
When all or part of the Service becomes difficult to provide due to computer or communication line failures, operational errors, excessive access concentration, unauthorized access, hacking, or other unforeseeable factors
When security issues arise related to the Service
When Force Majeure Events occur
When continuation of Service operation becomes difficult due to application or potential application of Laws and Regulations, measures based on Laws and Regulations, or establishment of new Laws and Regulations
When Service Changes, etc. become necessary for business reasons
When Service Changes, etc. become necessary due to other reasons equivalent to the preceding items
Notwithstanding the preceding paragraph, the Company may implement Service Changes, etc. or terminate all or part of the Service when the Company determines it unavoidable or for other Company reasons.
When implementing measures specified in the preceding two paragraphs, the Company shall notify Users accordingly. Such notification shall be made in advance when the measures have significant impact on Users or when the Company deems it necessary, except in emergencies.
The Company shall provide such notification by posting the content and timing of changes on the Website or notifying through the Service application.
Article 8 (User Withdrawal, etc.)
The Company may allow Users to terminate the Usage Agreement (hereinafter referred to as "Withdrawal") through methods specified by the Company. In such cases, Users will be unable to use the Service from the effective date of withdrawal as determined by the Company.
Notwithstanding the preceding paragraph, Users may not Withdraw if they have unfulfilled obligations under the Usage Agreement, and may only Withdraw after completing the fulfillment of such unfulfilled obligations.
Article 9 (Contract Termination, etc.)
If a User falls under any of the following items, the Company may, by notifying the User, temporarily or indefinitely suspend all or part of the Service use, terminate the Usage Agreement, or take other measures necessary for proper operation of the Service without prior notice or warning:
When the Company reasonably determines that the User has engaged in or may engage in Prohibited Actions or otherwise violated or may violate any provisions of these Terms
When there is no response for 30 days or more without reasonable cause to inquiries or other communications from the Company requesting a response
When the Company reasonably determines it inappropriate to allow the User to use the Service for reasons other than those specified in the preceding items
Termination based on the preceding paragraph shall not preclude the Company from claiming damages from Users, and terminated Users shall immediately lose the benefit of time and must immediately pay any debts owed to the Company.
Article 10 (Intellectual Property Rights)
All Intellectual Property Rights and other rights related to all content and other creations (including but not limited to digital goods and digital services defined in Article 4, Paragraph 1) provided by the Company to Users in connection with the Usage Agreement shall belong to the Company or those who have licensed such rights to the Company.
Article 11 (Damages)
If damages occur to the Company or third parties due to Users' actions violating these Terms or intentional or negligent actions related to use of the Service, Users shall compensate for all such damages (including reasonable attorney fees).
Even if the Company becomes liable to compensate Users for damages related to the Service regardless of whether such liability arises from breach of contract, tort, or other causes, the scope of such liability shall be limited to direct and actual ordinary damages (excluding lost profits).
Article 12 (Non-Guarantee and Exemption, etc.)
The Company does not guarantee the following matters and shall not be liable for any damages arising from or related to them, except in cases of willful misconduct or gross negligence by the Company:
That the Service meets Users' specific purposes or has functions, commercial value, accuracy, usefulness, or completeness expected by Users
That the Service or Linked Services comply with applicable Laws and Regulations or are continuously available
That the Service complies with Linked Services' terms of use or can continuously link with Linked Services
That the Service does not infringe upon third parties' rights or interests
Except as required by Laws and Regulations, the Company has no obligation to store any information provided by Users. Users shall store such information at their own responsibility and expense.
Users shall resolve disputes arising between themselves and third parties in connection with the Service or Website at their own responsibility and expense. While the Company will strive to resolve such disputes from a neutral position, it shall not bear any obligation, responsibility, or burden for resolving such disputes. The Company may confirm facts with Users who are parties to such disputes when deemed necessary to resolve the disputes and maintain the Service's integrity, and such Users shall cooperate with the Company's fact-finding efforts.
Any taxes and public charges imposed on Users in connection with use of the Service shall be borne by Users, and the Company shall have no obligation to verify their types, amounts, payment status, etc.
Neither the Company nor Users shall be liable for delays, non-performance, or other inappropriate performance of obligations under the Usage Agreement caused by or related to Force Majeure Events.
The Company shall not be liable for the following damages incurred by Users, regardless of whether such liability arises from breach of contract, tort, or other causes, except in cases of willful misconduct or gross negligence by the Company:
Damages caused by defects or insufficient performance of internet connection services for using the Service or other User connection environment issues
Damages caused by Withdrawal
Damages caused by Users' improper management or use of User Wallet Information, or third parties' use of User Wallet Information
Damages caused by Users losing or forgetting their User Wallet Information
Damages caused by Users' failure to comply with procedures, security standards, etc. specified by the Company
Damages caused by errors, bugs, or other defects in the Service
Damages caused by failure or loss of Users' terminal devices, malware, spyware, worms, other computer viruses, or unauthorized access by third parties through hacking, cracking, or other means
Damages caused by measures taken by the Company based on these Terms (including termination of the Usage Agreement)
Damages caused by use of Linked Services
Article 13 (Handling of Confidential Information)
Users shall keep confidential all information designated as confidential by the Company in connection with the Service or Usage Agreement (hereinafter referred to as "Confidential Information").
Users may use Confidential Information only for the purpose of using the Service or performing obligations under the Usage Agreement, and shall not disclose, leak, or publish it to third parties without prior written consent from the Company.
Article 14 (Exclusion of Anti-Social Forces, etc.)
Users represent that they (including officers in the case of corporations or other organizations; the same shall apply in this Article) do not fall under Anti-Social Forces, etc. and guarantee that they will not fall under such category in the future.
The Company and Users covenant not to engage in the following actions themselves or through third parties:
Violent demands
Unreasonable demands beyond legal responsibility
Threatening speech or actions, or use of violence
Damaging the Company's credit or obstructing the Company's business through spreading rumors, using fraudulent means, or using force
Involvement with Anti-Social Forces, etc. regardless of method or manner
If it is discovered that a User falls under Anti-Social Forces, etc., the Company may immediately terminate the Usage Agreement for the future by notifying such User.
The Company shall not be liable to compensate for any damages incurred by Users due to termination under the preceding paragraph.
Article 15 (Notifications)
Unless otherwise specified in these Terms, the Company's notifications and other communications to Users shall be made through posting on the Website, notification through the Service application, or other methods determined by the Company.
When the Company makes notifications or other communications through the Service application, Users shall be deemed to have received such communications at the time they arrive.
Unless otherwise specified in these Terms, Users' inquiries and other notifications or communications to the Company shall be made through notification via the Service application or other methods determined by the Company.
Article 16 (Changes to Terms)
The Company may change these Terms by specifying the effective date of such changes and appropriately announcing through posting on the Website or other suitable methods the fact that the Terms will be changed, the content of the changed Terms, and their effective date, in any of the following cases:
When the changes benefit Users
When the changes do not contradict the purpose of these Terms and are reasonable in light of the necessity for change, appropriateness of changed content, and other circumstances related to the changes
Changes to these Terms under the preceding paragraph shall take effect from the effective date specified in said paragraph, and Users shall be subject to the changed Terms.
Users shall be deemed to have agreed to such changes by continuing to use the Service after the changes take effect.
Users who do not agree to changes in these Terms may terminate the Usage Agreement by notifying the Company through separately specified procedures by the day before the effective date of changes specified in Paragraph 1.
Article 17 (Prohibition of Transfer of Rights and Obligations, etc.)
Users shall not assign, transfer (including through merger or company split), pledge, or otherwise dispose of their position under the Usage Agreement or rights or obligations based on the Usage Agreement to third parties without prior written consent from the Company.
If the Company transfers all or part of its business related to the Service to a third party (including all cases where the Service is transferred through merger, company split, or other means), the Company may transfer its position under the Usage Agreement, rights, obligations, and all information about Users obtained through the Service to the transferee of such transfer, and Users shall consent to such transfer in advance.
Article 18 (Severability)
Even if any provision of these Terms or part thereof is determined to be invalid or unenforceable under Laws and Regulations, the remaining provisions or remaining parts of provisions determined to be partially invalid or unenforceable shall continue to be fully valid and effective. In such case, the Company and Users shall endeavor to modify the invalid or unenforceable provisions or parts thereof to the extent necessary to make them legal and enforceable, and to ensure effects legally and economically equivalent to the intent of such invalid or unenforceable provisions or parts thereof.
Article 19 (Language Provision)
The Company may provide these Terms in English and other languages (hereinafter referred to as "Terms in Other Languages"). While Terms in Other Languages set forth the same content as these Terms, if there are any contradictions, conflicts, or discrepancies between these Terms and Terms in Other Languages, the provisions of these Terms shall prevail, and the relevant content in Terms in Other Languages shall be interpreted and applied to conform to these Terms.
Article 20 (Good Faith Consultation)
The Company and Users shall consult in good faith to resolve any questions regarding interpretation of these Terms, matters not provided for in these Terms, or other matters related to these Terms, in accordance with Laws and Regulations and commercial practices.
Article 21 (Governing Law and Jurisdiction)
These Terms shall be governed by and construed in accordance with the laws of Japan.
The Tokyo District Court shall have exclusive jurisdiction in the first instance over all disputes arising from or related to use of the Service.
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