Feelyou | It's O.K. Not to be O.K.

Feelyou’s Terms and Conditions

bajji Inc. (bajji, we, or us) owns and operates the application for use on mobile devices called “Feelyou” and related website (collectively referred to as Site). These Terms and Conditions(Terms) govern your access to and use of the Service, and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as Content).

Your use of the Service is conditional upon your agreement to, acceptance of and compliance with the terms and conditions set out below (including our Privacy Policy and Community Guidelines) and the Terms are legally binding on you. You must read these Terms carefully before your use of the Service.

We reserve the right to amend these Terms at any time. You will be deemed to have accepted the terms and conditions as amended by your continued access to and use of the Service.

Any content or information you provide to us will be dealt with in accordance with our Privacy Policy, which can be found by clicking here( https://feelyou.app/en/privacy_policy ).

Age

Our services and use of the Site are not available to persons under 16 without the prior consent of their legal guardian.

If you are a legal guardian and you become aware that your child has provided us with Personal Information without your consent, please contact us at hello@feelyou.app. We do not knowingly collect Personal Information from children under 16. If we become aware that a child under 16 has provided us with Personal Information, we will take steps to remove that Personal Information and to terminate the child’s account.

Third Party Platforms

Use of the Service may involve the use of third party services and platforms, such as Facebook, Twitter, Google etc. (“Third Party Platforms”). For example, you may “share” content through Third Party Platforms. Use of Third Party Platforms is governed by their respective terms of service, not by these Terms. You bear the sole and exclusive responsibility for complying with those other terms of service.

Registration and User Account

You may access to our Service as a registered user (“Registered User”).

To become a Registered User you will need to sign up. You may sign up through third party services and platforms or by creating an account on the Service. We will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will not be able to register with the Service.

As a Registered User, when you submit Content, you can choose to post them anonymously, to post as your private diary, or to associate them with your name and other data that you selected on your Registered User’s profile.

You are solely responsible for all acts or omissions associated with your access and use of the Service or your User account. Registered Users are prohibited from selling or transferring their User account information or making it available to anyone else.

We reserve the right to request additional information to verify your identity. If you fail to provide us the requested information, we reserve the right to suspend or terminate your User account, pursuant to these Terms.

If we believe that the Information you provide is false, deceptive or offensive, we reserve the right to suspend or terminate your user account or your access to the service.

We reserve the right to request additional information to verify your identity, during the registration process, throughout your use of the Service.

Security

Your user name and password are for your use only and are not transferable. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password.

We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) in relation to your account. Feelyou cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

Fee-Based Services

When you download the App and register to Feelyou, you receive a basic version of the App which you may use free of charge. However, gaining full access to all of Feelyou’s communities and other features are subject to fees at the rates and schemes as posted on the relevant pages of the Service ("Fee-Based Services"). Fee-Based Services can only be paid through the payment methods we establish from time to time. At this time, payment for Fee-Based Services are charged and collected through in-app purchase by Apple or Google (“Third Party Payment Methods”). We are not responsible for the terms, rules and practices of these Third Party Payment Methods. They are subject to their own terms, which you should carefully read. We may also, at any time and in our sole discretion, change a free-of-charge feature to a fee-based feature, in which case we will inform you about it.

All amounts are payable and charged: (i) for one-off purchase (e.g. lifetime Subscription), at the time you place your order; and (ii) For monthly or yearly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.

All sales are final, and we do not offer refunds for our any contents.

Currency and Rates

Fee-Based Services are charged through the Third Party Payment Methods in the local currency of your account on these Third Party Payment Methods.

Content and Uploads

All information, text, graphics, photos, comments or other materials uploaded, downloaded or appearing on the Service (Content), whether publicly posted or privately transmitted, is the sole responsibility of the person who created such Content.

Feelyou does not take responsibility for such Content. Any use or reliance upon any Content or materials posted on the Service or obtained by you through the Service is at your own risk.

Feelyou does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content posted on the Service or endorse any opinions expressed on the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, any errors or omissions in the Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Service.

Users must not:

upload any information, text, data, program or comments on the Service (Works) which are false, misleading or deceptive;
post or upload any Works which are libellous, defamatory or which discloses private or personal matters concerning any person, or any Works which are indecent, obscene or pornographic;
post or transmit any Works that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential information, or trade or services marks;
post or transmit any file or data which contains viruses or any other contaminating or destructive features;
post or transmit any Works which are harmful, threatening, abusive or hateful;
post or transmit charity requests, petitions for signature, chain letters or letters relating to pyramid schemes; and/or
use the facilities of the Service to conduct any activity or solicit the performance of any activity which is illegal or which infringes the rights of others
express or imply that any statements you make are endorsed by Feelyou without our specific prior written consent
post content which solicits passwords or personal identifying information for commercial or unlawful purposes from other users

If Feelyou suspects that material which has been uploaded contravenes any of the above conditions, Feelyou reserves the rights to take down that material without notice to the user who uploaded it.

Feelyou will not be responsible for any consequential loss or damage caused to the user by the removal of the material.

Feelyou reserves the right at all times (but will not be obliged) to remove or refuse to post any Content on the Service, to suspend or terminate registered users, and to reclaim usernames without liability to any such user or third party.

Feelyou also reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

satisfy any applicable law, regulation, legal process or governmental request;
enforce the Terms, including investigation of potential violations thereof;
detect, prevent, or otherwise address fraud, security or technical issues,
respond to user support requests; or
protect the rights, property or safety of Feelyou, its users and the public.

Use of The Service And Restrictions

Subject to these Terms, you may use the Service, exclusively for your private and personal purposes. While using the Service, you must refrain from:

Breaching the Terms or any other applicable rules and instructions that we may convey with respect to the use of the Service;
Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, defamation, spam and copyright;
Interfering with, burdening or disrupting the functionality of the Service;
Breaching the security of the Service or identifying any security vulnerabilities in it;
Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect and compile content from the Service;
Displaying the Service or any part thereof in an exposed or concealed frame, or linking to elements or portions of the Service, independently from the manner on which they originally appear or are made available through the Service;
Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
Collecting, harvesting, obtaining or processing personal information of or about other users of the Service.

Without derogating from any of the above, you may not post, disseminate, transmit or otherwise communicate through the Service any Content which:

May infringe rights of others, including a person's right to privacy or right of publicity, patents, copyrights, trade secrets, trademarks;
May depict or identify minors, their personal details, their address or ways to contact them, when practically possible;
May include software viruses, spyware or any other malicious applications;
May encourage, support, assist, or advise in the commission of a criminal offense or carry an elevated risk of psychological or physiological stress or injury or damage to property;
May, through posting, publication, dissemination, or making available to the public, be prohibited by any applicable law, including court orders;
May be threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable; and
May include unsolicited commercial communications ('spam'), chain letters, or pyramid schemes.

Communication

the Service may now or in the future contain communication facilities such as forums and chat rooms, which provide for real-time communication between users of the Service, for feedback to us, messaging and notice services. We reserve the right (but not the obligation) to monitor such communication facilities and the communications and Content posted from time to time. While we reserve the right to monitor such communication facilities, we do not, cannot, and are under no obligation to, review all communications and third party materials posted or uploaded to the Service and are not responsible for the content of these communications and third party materials.

Feelyou does reserve the right to block, edit or remove from the Service communications and third party materials which Feelyou in its sole discretion determines to be abusive, defamatory or obscene, fraudulent, misleading or deceptive, a breach of any third party intellectual property rights, a breach of any law or these Terms, or offensive or otherwise unacceptable to the Company.

You acknowledge and agree that Feelyou has no control over users of the Service, and is under no circumstances liable for the behaviour, opinions or conduct of such users, including but not limited to any information, materials or advice provided by them, any defamatory or otherwise offensive statements.

Community Rules

No nudity, pornography, or depictions of sexual activity

This includes images containing the explicit display of sexual organs especially intended to stimulate erotic feelings, full or partial nudity, any depiction of sexual activity, softcore or hardcore pornography.
This includes links posted in comments.
If you aren't sure, please don't post it.

No hate speech or abusive content.

Racism, sexism, slurs, personal attacks, death threats, suicide requests or any form of hate speech is not tolerated.
This includes hate speech or abuse in usernames, as well as images and comments.

No Advertising, SPAM, or other links to commercial websites

There's too much SPAM on the Internet already - don't add to it.

No Location Information / Doxing

Do not post your or another individual's street address or any information that may lead another user to discover your real address. Users should include no information that makes them publicly identifiable.

Indemnity

You agree to indemnify Feelyou and keep Feelyou, its officers, directors, employees, servants, agents, licensors, licensees and suppliers, indemnified from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach of these Terms, the Warranties or any activity related to use of the Service (including negligent or wrongful conduct) by you or any other person using your registered account.

As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Feelyou account, which you may not be able to opt-out from receiving.

Links

The Service may contain links to content published on other websites or external sources, provided by third parties. We do not operate or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability.

Monitoring

Each user of the Service is responsible for the content he or she uploads to the Service. We do not actively monitor content and will not censor user content, except in the limited circumstances described above and in our Privacy Policy.

You can file a report that someone is uploading abusive, objectionable or threatening content to the Service either directly within the application or by emailing your report to hello@feelyou.app.

Once you have submitted your report, we will review the reported user account, including any particular posts that have been reported. If the Feelyou user has violated any of our policies set out in these Terms, we will take action, ranging from removing the reported content & warning the responsible user up to permanently suspending the user account of the person responsible for uploading the content.

Intellectual Property

Unless otherwise noted, all material and services available on the Service or through the App, and all material and services provided by or through the Service, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Content") are the intellectual property of Feelyou, our licensors, and our contributors. The Content is protected by U.S. copyright, trademark, trade-dress, and any other applicable national or international intellectual property laws. All Feelyou trademarks and service marks, logos, slogans and taglines are the property of Feelyou. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on Feelyou without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.

Changes and Availability; Discontinuation

From time to time, we may change the Service's structure, layout, design or display, as well as the scope and availability of the information and content therein, or the access thereto, without prior notice. Changes of this type by their very nature may result in glitches or cause inconvenience of some kind. You will have no plea, claim or demand whatsoever against us or our directors, officers, employees, agents, advisors, mentors, subcontractors and assignees (collectively, our “Staff”), resulting from such changes, from glitches or any kind of failure resulting from their introduction.

The availability, quality and functionality of the Service depend on various factors, including software, hardware and communication networks, which are provided by third parties, at their responsibility. These factors are not fault-free.

We do not warrant that the service will operate without disruption, errors or interruptions, will properly store the content, will properly post the content, or that it will be accessible, or available at all times or immune from errors, glitches or unauthorized access.

You acknowledge that the Service DOES NOT provide any data back-up services, including with respect to any Content or any other data that you upload or use.

We may, at any time, at our sole discretion, change, discontinue or suspend the operation of the Service, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. We are not obligated to give any notice prior to such change, discontinuation or suspension.

Changes to The Terms

We may revise these Terms, in whole, or in part, at any time to time. In such case, we will notify you. Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms. In case of legal requirement, we may also introduce immediate changes to these Terms. The latest version of the Terms will be accessible through the Service.

In any event, if you do not consent to the amended Terms, you must discontinue your use of the Service.

Disclaimer and Limitation of Liability

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE, CONTENT, PRODUCTS AND/OR SERVICE ON THE SERVICE OR ELSEWHERE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, Feelyou DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Feelyou DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE FROM VIRUSES OR ANYTHING ELSE HARMFUL. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, Feelyou MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR COMPLETENESS OF THE SERVICE, TEXT MESSAGES, SERVICES, CONTENT, THE CONTENT OF ANY THIRD-PARTY SITE LINKED TO OR FROM THIS SITE, COMMENTS, INFORMATION, INFORMATION PROVIDED BY US OR OUR VENDORS, OR ANY OTHER ITEMS OR MATERIALS ON THE SERVICE OR LINKED TO FROM THE SERVICE.

Feelyou ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (A) ANY, ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, SERVICES, INFORMATION, SITE AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE SERVICE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE, PRODUCTS, SERVICES OR ANY THIRD PARTY SITE(S), PRODUCTS OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE SERVICE OR ANY THIRD PARTY SITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE OR THIRD PARTY SITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE OR ANY THIRD PARTY SITE(S) BY Feelyou OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY SITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.

NO PERSON (INCLUDING ANY AGENT, DEALER OR REPRESENTATIVE OF Feelyou) IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY CONCERNING Feelyou'S SITE AND SERVICES, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY OTHER WARRANTIES OR REPRESENTATIONS.

IN NO EVENT SHALL Feelyou OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPRTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH (A) THE USE OF, OR INABILITY TO USE, THE SERVICE; (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, MATERIALS, CONTENT, OR SOFTWARE AVAILABLE FROM, ON OR THROUGH THE SERVICE OR ANY THIRD-PARTY WEBSITE(S); OR (C) THE CONDUCT OF OTHER USERS OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Feelyou HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE SERVICE. YOUR SOLE REMEDY AGAINST Feelyou FOR DISSATISFACTION WITH THE SERVICE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF Feelyou IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE, ANY CONTENT, OR PURCHASE OF ANY PRODUCTS OR SERVICES ON OR THROUGH THE SERVICE, Feelyou'S LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE.

Termination

These Terms of Service are effective unless and until terminated by either you or Feelyou. You may terminate these Terms of Service as they apply to you at any time by ceasing to use the service. Feelyou may terminate these Terms of Service at any time immediately and without notice, and accordingly deny you access to the service, for any reason in its sole discretion; however, the provisions in these Terms of Service that relate to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms of Service.

Governing Law & Jurisdiction

Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be exclusively governed by and construed in accordance with the laws of Japan, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than Japan.

Any action relating to the Service or agreement shall be brought to the Tokyo District Court, Tokyo, Japan.

Last Updated: June/24/2020

Version 2: August 18, 2020
Version 1: June 24, 2020