Terms of Service
Last updated: March 19, 2025
These Terms of Service (hereinafter referred to as "these Terms") govern the conditions of use of the mobile application "TestCrew" (hereinafter referred to as "the App") provided by Akira Kawata (hereinafter referred to as "we" or "us"). By registering, users (hereinafter referred to as "Users") agree to use the App in accordance with these Terms.
By downloading, installing, or using the App, Users are deemed to have agreed to all provisions of these Terms.
Article 1 (Application)
- These Terms apply to all relationships between Users and us regarding the use of the App.
- Users must also comply with each platform's terms, such as "Apple Media Services Terms of Use" defined by Apple Inc. and "Google Play Terms of Service" defined by Google LLC when using the App.
Article 2 (Registration)
- Those wishing to use the App shall apply for registration by the method determined by us (e.g., email registration), and registration is completed when we approve the application.
- Minors must obtain consent from a parent or legal guardian before using the App.
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We may refuse registration applications if we determine that the
applicant falls under any of the following grounds. We assume no
obligation to provide reasons for such refusal.
- When registered information contains false facts.
- When the application is from a person who has violated these Terms in the past.
- When we deem registration inappropriate for any other reason.
Article 3 (Service Mechanics and Credits)
- The App is a platform where Users exchange credits by testing each other's apps.
- Users can earn "credits" by testing other Users' apps and providing appropriate feedback (typically 4 credits, 5 credits for premium member apps).
- Users can post their own apps within the App by using (consuming) their credits (20 credits per posting).
- Credits are valid only within the App and cannot be exchanged for cash or other economic value.
Article 4 (Paid Services)
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We provide the following paid services in the App.
- Credit Purchase: You can purchase additional credits (e.g., 20 credits/500 JPY).
- Premium Membership (Subscription): Monthly membership service (980 JPY/month). Members receive monthly credits, increased tester rewards, and other benefits.
- Fees and payments for paid services are processed through the Apple App Store or Google Play Store payment system.
- Stopping automatic subscription renewals or cancellations must be done through each store's settings screen. Uninstalling the App or deleting your account alone will not cancel your subscription.
- Except where required by law, we will not refund any already paid fees (including credit refunds) for any reason.
Article 5 (User Content)
- Users warrant and represent that they have lawful rights to, and do not infringe third-party rights regarding, content they post or submit (including but not limited to app information and feedback comments).
- The copyright of content posted by Users remains with the User or existing rights holders. However, we have the right to use such content free of charge and non-exclusively for the purpose of providing, improving, and promoting the App (including reproduction, exhibition, public transmission, display, distribution, transfer, lending, translation, adaptation, and publication).
- If we determine that content posted by Users violates these Terms or is inappropriate, we may delete such content without prior notice.
Article 6 (Prohibited Acts)
Users must not engage in the following acts when using the App.
- Acts that violate laws or public order and morality.
- Acts related to criminal activities.
- Acts that infringe copyright, trademark, or other intellectual property rights included in the App's content.
- Acts that destroy or interfere with our, other Users', or other third parties' servers or networks' functions.
- Commercial use of information obtained through the App (except as approved by us).
- Acts that may interfere with our service operations.
- Unauthorized access or attempts to access.
- Collecting or accumulating information about other Users.
- Using the App for fraudulent purposes.
- Acts that cause disadvantage, damage, or discomfort to other Users of the App or other third parties.
- Impersonating other Users.
- Testing fraud (gaining credits fraudulently by not actually testing apps, submitting meaningless feedback, etc.)
- Advertising, solicitation, or sales activities in the App without our permission.
- Other acts we deem inappropriate.
Article 7 (Suspension of Service Provision, etc.)
If we determine that any of the following grounds exist, we may suspend or interrupt all or part of the App's provision to Users without prior notice.
- When performing maintenance or updates to the App's computer systems.
- When provision becomes difficult due to force majeure such as earthquakes, lightning, fires, power outages, or natural disasters.
- When computers or communication lines stop due to accidents.
- When we deem App provision difficult for any other reason.
Article 8 (Usage Restrictions and Registration Cancellation)
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If a User falls under any of the following, we may restrict all or
part of the User's App use or cancel the User's registration without
prior notice.
- When violating any provision of these Terms.
- When false facts are discovered in registered information.
- When there is non-payment of fee obligations.
- When we deem App use inappropriate for any other reason.
- We assume no liability for any damage caused to Users by our actions under this Article.
Article 9 (Withdrawal)
Users may withdraw from the App through the withdrawal procedure determined by us. All credits held at the time of withdrawal will be extinguished and cannot be restored.
Article 10 (Disclaimer and Exclusions)
- We do not expressly or impliedly warrant that the App is free of legal or actual defects (including defects in safety, reliability, accuracy, completeness, validity, fitness for particular purpose, security, etc., bugs, errors, or rights infringement).
- We assume no liability for any damage caused to Users arising from the App, except in cases of our willful misconduct or gross negligence.
- Except in cases of our willful misconduct or gross negligence, our liability for damages regarding the Service is limited to the total amount of usage fees paid by the User for the Service in the past 3 months (or 1,000 JPY if the said amount is less than 1,000 JPY).
- We assume no liability for transactions, communications, or disputes arising between Users and other Users or third parties regarding the App. In particular, we guarantee nothing regarding mutual testing results (such as Google Play approval).
Article 11 (Changes to Service Content)
We may change, add, or discontinue the App's content (including credit grant conditions and consumption amounts) without prior notice to Users. Users are deemed to accept such changes.
Article 12 (Changes to Terms of Service)
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We may change these Terms without individual User consent in the
following cases:
- When changes to these Terms are in the general interest of Users.
- When changes to these Terms do not conflict with the purpose of the App usage agreement and are reasonable given the necessity of changes, the content after changes, and other circumstances surrounding the changes.
- When changing these Terms under the preceding paragraph, we will notify Users in advance of the intention to change these Terms, the content after changes, and the effective date.
Article 13 (Handling of Personal Information)
We handle personal information obtained through App use in accordance with our "Privacy Policy."
Article 25 (Governing Law and Jurisdiction)
- These Terms are interpreted under Japanese law.
- If disputes arise regarding the App, the Chiba District Court or Tokyo District Court shall be the exclusive agreed jurisdiction court of first instance.
Article 15 (Relationship with Apple)
User and You acknowledge that EULA is concluded between User and You only, and not with Apple, and You, not Apple, are solely responsible for Licensed Application and content thereof. EULA may not provide for usage rules for Licensed Applications that are in conflict with Apple Media Services Terms and Conditions as of Effective Date (which You acknowledge You have had opportunity to review).
Article 16 (Scope of License)
The license granted to User for Licensed Application must be limited to a non-transferable license to use Licensed Application on any Apple-branded Products that User owns or controls and as permitted by Usage Rules set forth in Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with purchaser via Family Sharing or volume purchasing.
Article 17 (Maintenance and Support)
You must be solely responsible for providing any maintenance and support services with respect to Licensed Application, as specified in EULA, or as required under applicable law. User and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Licensed Application.
Article 18 (Warranty and Refunds)
You must be solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. EULA must provide that, in event of any failure of Licensed Application to conform to any applicable warranty, User may notify Apple, and Apple will refund purchase price for Licensed Application to that User; and that, to maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.
Article 19 (Product Claims)
User and You acknowledge that You, not Apple, are responsible for addressing any claims of User or any third party relating to Licensed Application or end-user's possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application's use of HealthKit and HomeKit frameworks. EULA may not limit Your liability to User beyond what is permitted by applicable law.
Article 20 (Intellectual Property Rights)
User and You acknowledge that, in event of any third party claim that Licensed Application or End-User's possession and use of that Licensed Application infringes that third party's intellectual property rights, You, not Apple, will be solely responsible for investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Article 21 (Legal Compliance)
User must represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by U.S. Government as a "terrorist supporting" country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
Article 22 (Third Party Terms of Agreement)
You must state in EULA that User must comply with applicable third party terms of agreement when using Your Application, e.g., if You have a VoIP application, then User must not be in violation of their wireless data service agreement when using Your Application.
Article 23 (Third Party Beneficiary)
User and You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of EULA, and that, upon User's acceptance of terms and conditions of EULA, Apple will have right (and will be deemed to have accepted right) to enforce EULA against User as a third party beneficiary thereof.
Article 26 (Contact Us)
For inquiries regarding these Terms, please contact us at:
Operator: Akira Kawata
Address: 960-2 Nishihirai, Nagareyama-shi, Chiba-ken 270-0156,
Japan
Email address:
eerf0309+aurum@gmail.com
Phone: +81 70 9009 0565