These Terms of Use (hereinafter referred to as "these Terms") set forth the conditions for using the services (hereinafter referred to as "the Service") provided by "Fossil Identifier" on this application. These Terms constitute the end user license agreement (EULA) for the application. All registered users (hereinafter referred to as "Users") are expected to use the Service in accordance with these Terms.
The primary purpose of the Service is to allow Users to identify fossils and rocks from photos taken with a camera or selected from the gallery, to check whether the specimen in the photograph is a fossil at all, and to check information such as the common name, a scientific name at the rank the photograph supports, geologic period and age, rarity, preservation and matrix, the locality such specimens typically come from, alternative candidates, the visible reasons behind the identification, and an estimated value, as well as to save identification results to a personal collection arranged as a stratigraphic column.
These Terms shall apply to all relationships between Users and the Company regarding the use of the Service.
In addition to these Terms, the Company may establish various rules and regulations (hereinafter referred to as "Individual Provisions") regarding the use of the Service. Regardless of their designation, these Individual Provisions shall constitute a part of these Terms.
In the event that the provisions of these Terms conflict with the Individual Provisions set forth in the preceding article, the Individual Provisions shall take precedence unless otherwise specified in the Individual Provisions.
Registration for the Service shall be completed when the applicant agrees to these Terms, applies for registration in the manner prescribed by the Company, and the Company notifies the applicant of its approval.
The Company may decline to approve a registration application if it determines that the applicant falls under any of the following reasons, and the Company shall have no obligation to disclose the reasons:
Users shall manage their User ID and password for the Service appropriately under their own responsibility.
Under no circumstances may Users transfer or lend their User ID and password to a third party, or share them with a third party. The Company shall deem that a login made with a User ID and password combination matching the registered information is made by the User who registered that User ID.
The Company shall not be liable for any damage caused by the use of a User ID and password by a third party, except in cases where the Company is found to have acted intentionally or with gross negligence.
Users shall not engage in any of the following activities when using the Service:
Activities that violate laws or public order and morals
Activities related to criminal acts
Activities that destroy or interfere with the functionality of the Company's servers or networks, or those of other Users or third parties of the Service
Activities that may disrupt the operation of the Company's services
Activities involving the collection or accumulation of personal information about other Users
Activities involving unauthorized access or attempts thereof
Activities involving impersonation of other Users
Activities that directly or indirectly provide benefits to antisocial forces in connection with the Company's services
Activities that infringe upon the intellectual property rights, portrait rights, privacy, honor, or other rights or interests of the Company, other Users of the Service, or third parties
Posting or transmitting content on the Service that contains, or is determined by the Company to contain, the following expressions:
Excessively violent expressions
Explicit sexual expressions
Expressions that lead to discrimination based on race, nationality, creed, gender, social status, family origin, etc.
Expressions that induce or promote suicide, self-harm, or drug abuse
Other antisocial content that causes discomfort to others
Activities that are intended for, or determined by the Company to be intended for, the following purposes:
Business, advertising, promotion, solicitation, or other commercial activities (except those approved by the Company)
Activities intended for sexual or obscene purposes
Activities intended to meet or establish relationships with strangers of the opposite sex
Activities intended to harass or defame other Users
Activities intended to cause disadvantage, damage, or discomfort to the Company, other Users of the Service, or third parties
Activities that use the Service for purposes other than those intended by the Service
Activities involving religious proselytizing or recruitment to religious organizations
Other activities that the Company deems inappropriate
The Company may suspend or interrupt all or part of the Service without prior notice to Users if it determines that any of the following reasons exist:
When performing maintenance, inspection, or updates on the computer systems related to the Service
When the provision of the Service becomes difficult due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters
When computers or communication lines are stopped due to an accident
When the Company otherwise determines that the provision of the Service is difficult
The Company shall not be liable for any disadvantage or damage suffered by Users or third parties due to the suspension or interruption of the Service.
Users may only use the Service to post or upload text, images, videos, and other information for which they hold the necessary intellectual property rights, including copyrights, or for which they have obtained the necessary permission from the rights holders.
The copyrights of text, images, videos, and other content posted or uploaded by Users through the Service shall be reserved to the respective Users or other existing rights holders. However, the Company may use such content to the extent necessary for improving the Service, enhancing quality, correcting deficiencies, and promoting the Service, and Users shall not exercise moral rights of authorship with respect to such use.
Except as set forth in the preceding paragraph, all copyrights and other intellectual property rights related to the Service and all information associated with the Service belong to the Company or the rights holders who have licensed their use to the Company. Users shall not reproduce, transfer, lend, translate, modify, reprint, publicly transmit (including making transmittable), transmit, distribute, publish, or commercially use such content without authorization.
The Company may, without prior notice, delete posted data, restrict all or part of the use of the Service, or deregister a User if it determines that the User falls under any of the following:
If the User has violated any provision of these Terms
If it is found that false information was included in the registered information
If the credit card designated by the User as a payment method has been suspended
If there is a failure to fulfill payment obligations such as fees
If there is no response to contact from the Company for a certain period
If the Service has not been used for a certain period since the last use
If the Company otherwise determines that the use of the Service is inappropriate
If the User falls under any of the items in the preceding paragraph, the User shall automatically lose the benefit of time for all debts owed to the Company and shall immediately pay all outstanding debts in a lump sum.
The Company shall not be liable for any damage incurred by Users as a result of actions taken by the Company under this article.
Users may withdraw from the Service through the withdrawal procedure prescribed by the Company.
A paid subscription is required to use the Service and access its core features. Details of the subscription plans, prices, and billing periods are displayed within the application prior to purchase.
Subscriptions are auto-renewable subscriptions processed by Apple through the User's Apple ID account. Payment will be charged to the User's Apple ID account upon confirmation of purchase. The subscription automatically renews unless it is canceled at least 24 hours before the end of the current billing period, and the account will be charged for renewal within 24 hours prior to the end of the current period.
Users may manage and cancel their subscriptions at any time in their Apple ID account settings. Canceling a subscription stops future renewals; fees already paid for the current billing period are non-refundable except as required by applicable law or Apple's policies. Refund requests are handled by Apple in accordance with Apple's terms and policies.
If a free trial is offered, any unused portion of the free trial period will be forfeited when the User purchases a subscription, where applicable.
The identification results provided by the Service are generated by artificial intelligence (AI) and are estimates only. The Company does not guarantee the accuracy, completeness, or reliability of the identification results, the determination of whether a specimen is a fossil, the accompanying specimen information, or the value estimates.
In particular, the Service may incorrectly identify the common name, scientific name or taxonomic rank, geologic period and age, rarity, preservation and matrix, or locality of a specimen, and it may incorrectly determine whether a specimen is a fossil or a non-fossil object such as a concretion, dendrite, nodule, water-worn pebble, or modern shell. The Service does not authenticate fossils. A photograph cannot prove whether a specimen is a genuine fossil, a composite, a restored or enhanced piece, or a replica, and the Service will never claim that a specimen is genuine; where something in an image appears inconsistent, it is surfaced only as a note for the User to look into, and not as a verdict on authenticity. Accordingly, the identification results do not constitute a guarantee, certification, or determination of the authenticity or species of any specimen, and any value estimate assumes a genuine example. The size band selected by the User is treated as the User's own measurement and is not verified by the Service; an incorrect size band may lead to an incorrect identification or value estimate.
The estimated value provided by the Service is informed by current marketplace listings of similar specimens and is a rough reference only; it is provided for informational purposes and may vary depending on species, size, completeness, preparation, condition, authenticity, market demand, and region, and it does not constitute an appraisal or valuation by a qualified professional. Prices of listed items may differ from prices at which items actually sell. Users must never rely solely on the identification results, the reference listing information, or the value estimates provided by the Service to make purchasing, selling, or investment decisions regarding fossils or specimens. For formal identification, authentication, appraisal, insurance, resale, or legal matters, Users should always consult qualified professionals such as paleontologists, museum curators, or certified appraisers.
Compliance with all rules governing the collection, possession, sale, and movement of fossils and specimens is the sole responsibility of the User. Collecting and export rules vary by country, by region, and by land ownership, and may include collecting permits, restrictions on public and private land, protected species and protected sites, and import and export controls. The Service does not know and does not verify these rules, nothing provided by the Service constitutes legal advice, and its results must not be treated as confirmation that collecting, possessing, selling, or exporting a particular specimen is lawful where the User is located. Users are also solely responsible for their own safety when collecting, including at quarries, cliffs, road cuts, spoil heaps, and other hazardous locations.
The Company shall not be liable for any financial loss, damage, injury, penalty, or other harm arising from actions taken based on the identification results, fossil determinations, reference listing information, or value estimates provided by the Service. Users use the identification results and estimates at their own risk and responsibility.
The Company does not warrant, either expressly or implicitly, that the Service is free from defects in fact or in law (including defects related to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, errors, bugs, and infringement of rights).
The Company shall not be liable for any damage incurred by Users arising from the Service, except in cases of intentional or gross negligence on the part of the Company. However, this disclaimer shall not apply if the contract between the Company and the User regarding the Service (including these Terms) constitutes a consumer contract as defined by the Consumer Contract Act.
Even in the cases set forth in the proviso of the preceding paragraph, the Company shall not be liable for any damage arising from special circumstances (including cases where the Company or the User foresaw or could have foreseen the occurrence of damage) among damages incurred by Users due to the Company's negligence (excluding gross negligence) in breach of contract or tort. Furthermore, compensation for damages incurred by Users due to the Company's negligence (excluding gross negligence) in breach of contract or tort shall be limited to the amount of usage fees received from the User in the month in which the damage occurred.
The Company shall not be liable for any transactions, communications, or disputes that arise between Users and other Users or third parties in connection with the Service.
The Company may change, add to, or discontinue the content of the Service with prior notice to Users, and Users shall consent to this.
The Company may modify these Terms without obtaining individual consent from Users in the following cases:
When the modification of these Terms is in the general interest of Users.
When the modification of these Terms is not contrary to the purpose of the Service usage agreement, and is reasonable in light of the necessity of the modification, the appropriateness of the modified content, and other circumstances pertaining to the modification.
When modifying these Terms pursuant to the preceding paragraph, the Company shall notify Users in advance of the intent to modify these Terms, the content of the modified Terms, and the effective date of the modifications.
The Company shall handle personal information obtained through the use of the Service appropriately in accordance with the Company's "Privacy Policy."
Notices or communications between Users and the Company shall be made by the method prescribed by the Company. Unless the Company receives a change notification in the separately prescribed format from a User, the Company shall deem the currently registered contact information as valid and send notices or communications to that contact, which shall be deemed to have reached the User at the time of dispatch.
Users may not assign their contractual status or any rights or obligations under these Terms to a third party, or offer them as collateral, without prior written consent from the Company.
These Terms shall be governed by and construed in accordance with the laws of Japan.
In the event of any dispute arising in connection with the Service, the court having jurisdiction over the location of the Company's head office shall have exclusive agreed jurisdiction.