CakeCue Terms of Use

Article 1 (Application and Relationship with Apple’s Standard EULA)

1. These Terms apply to the relationship between the Operator and Users concerning use of the App.
2. The Standard End User License Agreement (Standard EULA) established by Apple also applies to the App. These Terms supplement the conditions specific to the App, including the free trial.
3. If these Terms conflict with any applicable Apple terms, applicable law and Apple’s terms will prevail.

Article 2 (Description of the App)

1. The App is a tool that assists with cake decoration by displaying a reference image and guide frame over the live view from the iPhone’s rear camera.
2. The App does not use augmented reality (AR) to anchor images or frames in physical space. If the device is moved, the positional relationship between the physical object and the on-screen guide will change.
3. The App does not take, record, or save photos or videos, nor does it generate composite media combining the camera image with the reference image or guide frame.
4. Images and frames displayed by the App are guides only. The App does not guarantee position, dimensions, color, shape, finished appearance, or any other result.

Article 3 (Conditions of Use)

1. Users are responsible for providing a compatible device, operating system, network environment, Apple Account, and any other items necessary to use the App.
2. Minors must obtain consent from a parent or legal guardian before using the App or making an in-app purchase.
3. Users must use the App in a safe environment and exercise sufficient care regarding risks such as dropping or soiling the device, fire, knives, heat sources, and other hazards. Where appropriate, Users should secure the device in a stable stand while working.

Article 4 (Images Selected by Users)

1. Users must ensure that they hold all necessary copyrights, portrait rights, other rights, or lawful authority to use any image selected in the App.
2. Users must not use images in a manner that infringes the rights of any third party or violates laws, regulations, or public order and morals.
3. Selected images are processed only on the device to provide the App’s functions and are not transmitted to the Operator’s server.

Article 5 (Free Trial)

1. Users who have not purchased the App’s full access may try the App’s decoration functions free of charge once.
2. The free trial begins when the User completes the first image selection and enters the camera screen.
3. The free trial ends at the earlier of: when the User confirms returning to the Home screen from the camera screen; or 60 minutes after the trial begins.
4. If the App is closed or restarted within 60 minutes after the trial begins, the selected image, guide frame, and other work state will not be restored, but the User may select a new image and continue the free trial until the original deadline. Restarting the App does not reset the available time.
5. The free-trial start time and used status are stored in the device’s Keychain and may remain on the device even after the App is deleted and reinstalled.
6. After the free trial ends, the one-time in-app purchase described in Article 6 is required to continue using the decoration functions.

Article 6 (In-App Purchase)

1. The App offers a one-time, non-consumable in-app purchase that allows Users to use the decoration functions provided by the App without a limit on the number of uses. This is not a subscription.
2. The price and currency are those displayed by the App Store based on the User’s region and other applicable conditions.
3. Purchasing, billing, payment, restoration, and refunds are handled through Apple’s App Store and StoreKit and are subject to Apple’s terms and applicable law.
4. After a purchase is completed, the App’s functions are unlocked once a valid entitlement from Apple has been verified. After changing devices or reinstalling the App, the App checks the purchase entitlement available from Apple and restores access when the entitlement can be verified. If access is not restored automatically, use “Restore Purchases” in the App.
5. Refund eligibility and procedures are governed by Apple’s processes and applicable law. The Operator does not restrict any refund or other rights where such a restriction is prohibited by law.

Article 7 (Prohibited Conduct)

Users must not engage in any of the following conduct when using the App:

1. Conduct that violates any law, regulation, or public order and morals.
2. Conduct that infringes the Operator’s or any third party’s copyrights, trademarks, portrait rights, privacy rights, or other rights or interests.
3. Conduct that interferes with the normal operation of the App or related systems or places an excessive burden on them.
4. Except where expressly permitted by applicable law, copying, modifying, reverse engineering, decompiling, or disassembling the App.
5. Using the App for an unlawful purpose.

Article 8 (Intellectual Property Rights)

All intellectual property rights relating to the App, including its name, design, program, text, and images, belong to the Operator or their respective lawful owners. These Terms grant Users the right to use the App in accordance with these Terms and Apple’s Standard EULA and do not transfer any intellectual property rights.

Article 9 (Work Data)

1. The App is not a service that continuously saves selected images, guide frames, position, size, rotation, opacity, or other work state.
2. Work state may be lost when the User confirms returning to the Home screen from the camera screen, closes the App, or when processing is interrupted due to the device, operating system, or other conditions.
3. Because the Operator does not receive or store work data, the Operator cannot restore any lost work state.

Article 10 (Changes, Suspension, and Termination)

1. The Operator may change the App or temporarily suspend its provision for reasonable grounds, including addressing defects, complying with laws or platform requirements, maintaining security, or improving functions.
2. If the Operator terminates provision of the App, the Operator will endeavor to provide notice by a reasonable method and within a reasonable period, except in emergencies or where doing so is impracticable.
3. Changes to the operating system, device, App Store, camera, or other environments provided by third parties may make all or part of the App unavailable.

Article 11 (Disclaimer of Warranties)

1. The Operator does not warrant that the App will be fit for a particular purpose, accurate, complete, useful, continuously available, compatible with any particular device, free from errors or interruptions, or produce any particular decoration result.
2. The App is provided “as is.” However, this provision does not restrict any User rights that cannot be excluded under applicable consumer-protection law or other mandatory law.

Article 12 (Limitation of Liability)

1. To the extent permitted by applicable law, the Operator is not liable for loss or damage not attributable to the Operator, loss or damage arising from special circumstances, indirect or consequential loss, lost profits, or loss of data or work state.
2. If a User suffers loss due to the Operator’s ordinary negligence, the Operator’s liability is limited to ordinary and direct loss and will not exceed the amount actually paid by that User to use the App. This limitation does not apply where prohibited by applicable law.
3. The preceding two paragraphs do not apply in cases of the Operator’s willful misconduct or gross negligence, death or personal injury, or where exemption or limitation of liability is not permitted by applicable law.

Article 13 (Changes to These Terms)

1. The Operator may amend these Terms where reasonably necessary due to changes in law, changes to the App, or other circumstances.
2. For material changes, the Operator will provide notice of the changes and their effective date through the App or this website with a reasonable notice period. This does not apply where urgent action is required for legal compliance, security, or other reasons.
3. The amended Terms apply from the effective date stated in the notice.

Article 14 (Severability)

If any provision of these Terms, or any part of a provision, is held invalid or unenforceable under applicable law, the remaining provisions and the remaining portion of that provision will continue in full force and effect.

Article 15 (Governing Law and Jurisdiction)

1. These Terms are governed by the laws of Japan.
2. To the extent permitted by law, the Takamatsu District Court or the Takamatsu Summary Court will have exclusive jurisdiction as the court of first instance over any dispute relating to the App or these Terms.
3. The preceding paragraphs do not prejudice any mandatory consumer-protection law or jurisdictional rights applicable in the User’s country or region of residence.

Article 16 (Operator and Contact)

Operator

kasane

Contact

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