Terms of Service

Last Updated: March 8, 2025

These Terms of Service ("ToS") govern your access to and use of our website (https://onionbrother.co.jp/, referred to as the "Site"), our associated mobile application (the "App"), and all services provided through the Site and App (collectively, the "Service"). These terms establish a legally binding agreement between you ("user" or "you") and Onion Brother K.K. ("Company," "we," "us," or "our").

By using our Site, downloading our App, or engaging with our Service, you acknowledge and agree to comply with these ToS. If you do not accept these terms, please do not use the Site or Service and uninstall any associated apps.

1. Acceptance of Terms & Updates

We may update these ToS periodically. If significant changes occur, we will notify you as required by law. If you disagree with any updates, you should stop using the Service and uninstall the App. Your continued use after the updates take effect constitutes your acceptance of the revised terms.

2. Privacy Policy

Our Privacy Policy (https://onionbrother.co.jp/policy) is incorporated into these ToS. By agreeing to these terms, you also agree to the Privacy Policy and our Advertising Choices, which outline how we collect, use, and handle your data.

3. Dispute Resolution & Arbitration

These ToS include provisions on dispute resolution, including mandatory arbitration. Unless you opt out (see below), any legal claims between you and us must be resolved through binding arbitration, meaning:

• You waive your right to sue in court (except for small claims court).

• You cannot participate in class-action lawsuits against us.

If you wish to opt out of arbitration, you must notify us within 30 days of first using our Service.

4. Eligibility & User Representations

By using our Service, you confirm that:

• Your use of the Site and App complies with applicable laws.

• You are 18 years or older, or between 13-17 years old with parental/legal guardian consent.

• You are legally capable of agreeing to these ToS.

5. User Conduct & Prohibited Activities

A. User Contributions

If you post comments, content, or other materials ("Contributions") on our Service, you must:

• Own or have the legal right to share such content.

• Not infringe on others' privacy, intellectual property, or contractual rights.

• Not post illegal, harmful, defamatory, obscene, hateful, or otherwise objectionable content.

• Not share advertisements, solicitations, malware, or harmful code.

B. Prohibited Activities

You must not:

• Use the Service to collect user data without consent.

• Spam, hack, disrupt, or overload the Service.

• Impersonate others or misrepresent your identity.

• Circumvent security features or attempt unauthorized access.

Violations may result in content removal, account suspension, or legal action.

6. Intellectual Property

All content within the Service, including text, images, code, trademarks, and logos ("Materials"), is owned or licensed by us. You may not copy, modify, distribute, or commercially exploit any part of the Service without explicit permission.

You may download or print content for personal use only, provided that all copyright and proprietary notices remain intact.

7. Service Management & User Violations

We reserve the right to:

• Monitor the Service for violations.

• Restrict or remove content that violates our policies.

• Take legal action against users who engage in harmful or illegal activities.

We do not guarantee that we will review all content or take action in every case.

8. Third-Party App Stores

Our Service is available through platforms like the Apple App Store and Google Play Store. These third-party platforms have their own terms, which you must comply with.

If these third-party terms conflict with our ToS, the more restrictive terms will apply.

9. In-App Purchases & Subscriptions

Some features may require payment for premium services or in-app purchases. Payments are processed through third-party app stores, which determine:

• Pricing & taxes

• Subscription renewal terms

• Refund and cancellation policies

If you purchase a subscription, it renews automatically until you cancel through your App Store account. Uninstalling the app does not cancel your subscription—you must manage this through the App Store settings.

10. Third-Party Links & Services

Our Service may link to external websites (e.g., Facebook, Twitter). We do not control these third-party sites and are not responsible for their content, security, or privacy practices.

Before using third-party sites, review their terms and policies separately.

11. Legal Disputes & Arbitration Agreement

A. Informal Resolution

Before taking legal action, contact us first at [email protected]. Many disputes can be resolved this way.

B. Binding Arbitration

If disputes remain unresolved after 30 days, they must be settled through binding arbitration under the American Arbitration Association (AAA) rules.

C. No Class Actions

Legal claims must be filed individually, not as part of a class-action lawsuit.

D. Small Claims Court Exception

Either party may file small claims instead of arbitration if applicable.

E. Opt-Out Option

You may opt out of arbitration by sending written notice within 30 days of first using our Service.

F. Jurisdiction

If arbitration does not apply, disputes must be litigated in California courts.

12. Liability Disclaimer

We provide our Service "as is" and "as available", without warranties of any kind. We do not guarantee uninterrupted access, accuracy, or error-free performance.

To the extent permitted by law, we are not liable for:

• Errors, outages, or security breaches.

• Losses from using or relying on the Service.

• Indirect, incidental, or consequential damages exceeding $50.

13. Additional Notices

A. California Users

For consumer complaints, contact:

• California Department of Consumer Affairs

• Phone: (916) 445-1254 / (800) 952-5210

• Address: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834

B. Digital Millennium Copyright Act (DMCA)

If you believe your copyright has been infringed, email [email protected] with:

1. Your contact details and signature.

2. A description of the copyrighted work.

3. A link or location of the infringing content.

4. A statement of good faith belief that the use is unauthorized.

We will investigate and take appropriate action.

14. Miscellaneous

• These ToS do not create partnerships, joint ventures, or employment relationships.

• Failure to enforce any part of these ToS does not waive our rights.

• If any provision is found unenforceable, the remaining terms remain valid.

• We may assign our rights under these ToS without approval.

• Employees cannot modify these ToS on our behalf.

15. Governing Law

These ToS are governed by the laws of California. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16. Contact Us

For questions, contact us at [email protected].