1. Acceptance of Terms
By downloading, installing, accessing, or using KyotoTech PN (the "Software"), you ("User", "You") agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use the Software.
These Terms constitute a legally binding agreement between you and KyotoTech LLC (合同会社KyotoTech) ("KyotoTech", "we", "us", "our").
2. License Grant
Subject to your compliance with these Terms, KyotoTech grants you a limited, non-exclusive, non-transferable, revocable license to use the Software in accordance with the MIT License included with the Software.
3. User Responsibilities
Compliance with Laws
You are solely responsible for ensuring that your use of the Software complies with all applicable local, national, and international laws and regulations, including but not limited to:
- Data protection laws (GDPR, CCPA, LGPD, PIPA, etc.)
- Electronic communications regulations
- Anti-spam laws (CAN-SPAM, CASL, etc.)
- Consumer protection laws
- Export control regulations
Third-Party Services
The Software integrates with third-party services. You are solely responsible for:
Apple Push Notification Service (APNS):
- Compliance with Apple Developer Program License Agreement
- Compliance with Apple Human Interface Guidelines
- Proper handling of device tokens and user consent
- Payment of any applicable Apple Developer fees
Google Firebase Cloud Messaging (FCM):
- Compliance with Google Cloud Terms of Service
- Compliance with Firebase Terms of Service
- Proper handling of registration tokens and user consent
- Payment of any applicable Google Cloud fees
User Consent
You must obtain proper consent from end users before:
- Collecting device tokens
- Sending push notifications
- Processing personal data
- Storing user information
Content Responsibility
You are solely responsible for all content transmitted through the Software, including notification titles and messages, custom data payloads, and links or media content.
4. Prohibited Uses
You agree NOT to:
- Use the Software for any illegal purpose
- Violate any applicable laws or regulations
- Infringe on the rights of others
- Send unsolicited or unauthorized notifications (spam)
- Transmit malware, viruses, or harmful code
- Attempt to reverse engineer, decompile, or disassemble the Software
- Remove or alter any proprietary notices or labels
- Use the Software to harass, abuse, or harm others
- Interfere with or disrupt the Software or servers
- Collect user data without proper consent
- Share, resell, or redistribute the Software in violation of the License
- Use the Software in any manner that could damage KyotoTech's reputation
5. Disclaimer of Warranties
"AS IS" Basis
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Disclaimer of Warranties
KYOTOTECH EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY OR RELIABILITY
- AVAILABILITY OR UPTIME
- SECURITY
- ERROR-FREE OPERATION
KYOTOTECH DOES NOT WARRANT THAT:
- The Software will meet your requirements
- The Software will be uninterrupted, timely, secure, or error-free
- The results obtained from the Software will be accurate or reliable
- Any errors in the Software will be corrected
6. Limitation of Liability
Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KYOTOTECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, OR BUSINESS
- LOSS OF DATA OR INFORMATION
- LOSS OF GOODWILL OR REPUTATION
- BUSINESS INTERRUPTION
- COST OF SUBSTITUTE GOODS OR SERVICES
- ANY OTHER INTANGIBLE LOSSES
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF KYOTOTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Maximum Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KYOTOTECH'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SOFTWARE SHALL NOT EXCEED THE GREATER OF:
- THE AMOUNT YOU PAID TO KYOTOTECH FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR
- ONE HUNDRED US DOLLARS (USD $100.00)
Exceptions
THE LIMITATIONS IN THIS SECTION SHALL NOT APPLY TO:
- LIABILITY ARISING FROM OUR GROSS NEGLIGENCE (重過失) OR WILLFUL MISCONDUCT (故意) AS DEFINED UNDER JAPANESE LAW
- LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE MANDATORY LAW
- YOUR INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT
Japan Consumer Contract Act
If you are a consumer as defined under Japan's Consumer Contract Act (消費者契約法), certain limitations may not apply to the extent prohibited by that Act.
Cumulative Liability
The limitations set forth in this section apply regardless of the number of claims made and shall apply in the aggregate to all claims arising out of or relating to these Terms or the Software.
Essential Purpose
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THESE TERMS AND REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES. THE SOFTWARE WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS.
7. Indemnification
You agree to indemnify, defend, and hold harmless KyotoTech and its officers, directors, employees, agents, suppliers, licensors, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the Software
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Your violation of any third-party rights
- Any content you transmit using the Software
- Any claim by a third party related to your use of the Software
- Your failure to obtain proper user consent
- Any data breach or security incident related to your use of the Software
This indemnification obligation shall survive termination of these Terms.
8. Third-Party Services
No Affiliation
KyotoTech is not affiliated with, endorsed by, or sponsored by Apple Inc. or Google LLC. Apple Push Notification Service and Firebase Cloud Messaging are trademarks of their respective owners.
Third-Party Terms
Your use of third-party services through the Software is subject to those services' own terms and conditions. KyotoTech is not responsible for third-party services.
Service Availability
KyotoTech does not guarantee the availability, reliability, or functionality of any third-party services. Changes to third-party services may affect the Software's functionality.
9. Intellectual Property
Ownership
The Software and all related intellectual property rights are and shall remain the exclusive property of KyotoTech. Nothing in these Terms grants you any rights to KyotoTech's trademarks, logos, or other brand features.
Feedback
If you provide feedback, suggestions, or ideas about the Software, you grant KyotoTech a non-exclusive, royalty-free, perpetual, irrevocable license to use such feedback for any purpose.
Trademarks
"KyotoTech PN" and "KyotoTech" are trademarks of KyotoTech LLC. You may not use these trademarks without our prior written consent, except as reasonably necessary to identify the Software in your application.
10. Term and Termination
Term
These Terms are effective until terminated.
Termination by You
You may terminate these Terms at any time by ceasing all use of the Software and destroying all copies.
Termination by KyotoTech
KyotoTech may terminate these Terms at any time, with or without cause, with or without notice.
Effect of Termination
Upon termination:
- All rights and licenses granted to you will immediately cease
- You must cease all use of the Software
- You must destroy all copies of the Software
- Sections 5 (Warranty), 6 (Liability), 7 (Indemnification), 9 (IP), 11 (Class Action Waiver), and 12 (Governing Law) survive termination
11. Class Action Waiver & Dispute Resolution
IMPORTANT: PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND KYOTOTECH LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, OR ANY OTHER FORM OF REPRESENTATIVE OR CONSOLIDATED PROCEEDING AGAINST KYOTOTECH LLC.
Unless both you and KyotoTech LLC agree otherwise, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
Individual Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to these Terms or the Software shall be resolved on an individual basis. If any court or arbitrator determines that this class action waiver is void or unenforceable for any reason, or that a proceeding may proceed on a class basis, then the dispute resolution provisions of these Terms shall be deemed null and void, and the dispute shall proceed exclusively before the Kyoto District Court.
Informal Resolution
Before filing any formal legal proceedings, you agree to first attempt to resolve any dispute by contacting us at support@kyototech.co.jp. We will attempt to resolve the dispute informally within 60 days. If the dispute is not resolved within that period, either party may proceed with formal legal action.
Time Limitation
YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SOFTWARE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT SHALL BE FOREVER BARRED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
12. Governing Law and Jurisdiction
Governing Law
These Terms shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law provisions.
Jurisdiction
Subject to the Class Action Waiver provisions above, any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the Kyoto District Court (京都地方裁判所) as the court of first instance.
Waiver of Jury Trial
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND KYOTOTECH LLC EACH WAIVE THE RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS.
Force Majeure
Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government actions, epidemics, pandemics, power outages, internet or telecommunications disruptions, cyberattacks affecting critical infrastructure, or failures of third-party service providers.
13. General Provisions
Entire Agreement
These Terms, together with the MIT License and Privacy Policy, constitute the entire agreement between you and KyotoTech regarding the Software.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
Waiver
KyotoTech's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment
You may not assign or transfer these Terms without KyotoTech's prior written consent. KyotoTech may assign these Terms without restriction.
No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights.
Language
This Agreement is drafted in English. In the event of any conflict between the English version and any translation, the English version shall prevail.
14. Changes to Terms
KyotoTech reserves the right to modify these Terms at any time. Changes will be effective upon posting of the revised Terms. Your continued use of the Software after any changes constitutes your acceptance of the revised Terms.
15. Contact Information
Company Information
KyotoTech LLC (合同会社KyotoTech)
〒612-8083 京都市伏見区京町2丁目237-202
Kyoto, Japan
Contact
Resources
Version History
| Version |
Date |
Changes |
| 1.0 | January 17, 2026 | Initial release |