HoppinGO Terms of Service

This Terms of Service (hereinafter referred to as the “Terms”) sets forth the conditions under which registered members (hereinafter referred to as “Members”) may use the “HoppinGO” service (hereinafter referred to as the “Service”) provided by toTheMOON LLC (hereinafter referred to as the “Company”). Please review and agree to these Terms before using the Service.The contents of these Terms may be modified as necessary. Please refer to the latest version of the Terms when using the Service.

Article 1 (Definitions)

The definitions of terms used in these Terms shall be as follows:

(1) HoppinGO：The service provided by the Company to manage and share “places to visit (spots)”.
(2) The Service: The collective term for services and information provided by HoppinGO.
(3) The Content: The collective term for text, sounds, still images, videos, software programs, code provided on the Service, and external data such as location information, overviews, and photos provided through the Google Maps Platform (including visit history information).
(4) Member: An individual who has completed user registration for the Service.
(5) ID: A unique string of characters held by a registered member for the use of the Service.
(6) Password: A unique secret key set by a registered member corresponding to their ID.
(7) Visit Log Information: The collective term for text, character strings, images, comments, and other information registered by Members as a record of their visits.
(8) Personal Information: The collective term for information that can identify an individual, such as name and e-mail address.
(9) Registration Information: The collective term for information registered by Members on the Service (excluding Visit History Information).
(10) Intellectual Property: Inventions, ideas, new varieties of plants, designs, copyrighted works, and other products created by human intellectual activity (including natural laws or phenomena discovered or elucidated that have industrial applicability), trademarks, trade names, and other indicators of goods or services used in business activities, and technical or business information useful for business activities, such as trade secrets.
(11) Intellectual Property Rights: Patent rights, utility model rights, plant breeder’s rights, design rights, copyrights, trademark rights, and other rights established by law concerning intellectual property or rights relating to legally protected interests.

Article 2 (Consent to the Terms of Service)

1. Members shall be permitted to use the Service only after agreeing to these Terms.
2. A Member is deemed to have accepted these Terms at the point they download the Service onto a smartphone or other information terminal and complete the consent procedure prescribed by the Company.
3. These Terms shall apply to all relationships concerning the use of the Service between the Member and the Company.
4. By using the Service, Members are deemed to have agreed to be bound by the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy, in addition to these Terms.

Article 3 (Changes to the Terms)

1. The Company may revise the contents of these Terms at any time without obtaining the prior consent of Members, and Members shall accept such revisions without objection.
2. When revising these Terms, the Company will display the contents of the revision on the Service. Members are deemed to have agreed to the modified Terms when they use the Service after the changes take effect.

Article 4 (Membership Enrollment Procedures)

1. Those who wish to join the Service (hereinafter referred to as “Applicants”) must agree to these Terms and apply for membership in accordance with the method prescribed by the Company.
2. An Applicant becomes a registered Member at the point the Company accepts the application and the ID registration is completed.
3. If a minor uses the Service, the consent of a parent or legal guardian is required.
4. The Company may, at its own discretion, refuse an application for membership if the Applicant falls under any of the following items. The Company shall not be under any obligation to disclose the reason for refusal.
- (1) The Applicant applied for membership by a method other than that prescribed by the Company.
- (2) The Applicant was previously expelled from membership due to a violation of these Terms or any other terms of use prescribed by the Company.
- (3) The Company determines that the Applicant is registering through fraudulent means.
- (4) Any other cases where the Company deems the enrollment inappropriate.

Article 5 (Account Management)

1. Members shall, under their own responsibility, appropriately register and manage information registered upon use (hereinafter referred to as “Registration Information,” including ID, password, etc.). Members shall not allow a third party to use, lend, transfer, change the name of, buy, sell, or otherwise dispose of such information.
2. When the Service is used through specific Registration Information, the Company shall deem it to be used by the person who completed the utilization registration.
3. If damage is caused to the Company or a third party due to the unauthorized use of Registration Information, the Member shall compensate the Company and the third party for such damage.
4. The Company shall bear no responsibility whatsoever for any damage caused by a third party using a Member’s Registration Information, except in cases where the Company has intent or gross negligence.
5. If a Member discovers that their Registration Information has been stolen or used by a third party, the Member shall immediately notify the Company and follow instructions provided by the Company.

Article 6 (Handling of Personal Information)

The Company shall appropriately handle Members’ personal information and Registration Information acquired through the use of the Service in accordance with the separate “HoppinGO Privacy Policy” prescribed by the Company.

Article 7 (Prohibited Acts)

Upon the use of the Service, the Company prohibits Members from engaging in the acts listed below. If the Company acknowledges that a Member has violated any of these prohibitions, it may temporarily suspend use of the Service, expel the Member, delete spot registration information and Visit History Information, or take any other measures deemed necessary by the Company.

(1) Acts that violate laws, regulations, or public order and morals.
(2) Acts related to criminal behavior.
(3) Acts that destroy or interfere with the functions of the servers or networks of the Company, other Members of the Service, or third parties.
(4) Acts that may obstruct the operation of the Company’s services.
(5) Acts of collecting, accumulating, or providing personal information concerning other Members.
(6) Accessing unauthorized data or attempting to do so.
(7) Impersonating other Members.
(8) Providing benefits directly or indirectly to anti-social forces in connection with the Company’s services.
(9) Acts that infringe or risk infringing on the intellectual property rights, portrait rights, privacy, honor, or other rights or interests of the Company, other Members of the Service, or third parties.
(10) Registering or transmitting contents on the Service that include, or are judged by the Company to include, the following expressions:
- ① Excessively violent expressions.
- ② Explicitly sexual expressions.
- ③ Expressions that lead to discrimination based on race, nationality, creed, gender, social status, lineage, etc.
- ④ Expressions that induce or encourage suicide, self-harm, or substance abuse.
- ⑤ Other expressions containing anti-social content that cause discomfort to others.
(11) Acts that target, or are judged by the Company to target, the following purposes:
- ① Sales, promotion, advertising, solicitation, or other profit-making activities (except those approved by the Company).
- ② Activities intended for sexual acts or obscene behaviors.
- ③ Activities intended to meet or date unfamiliar individuals of the opposite sex, etc.
- ④ Activities intended to cause harassment, slander, disadvantage, damage, or discomfort to the Company, other Members of the Service, or third parties.
- ⑤ Using the Service for purposes different from those intended by the Service.
(12) Extracting, saving, tampering with, reproducing, or providing to third parties the contents of the Google Maps Platform (location information, images, overviews, etc.) provided through the Service by any method other than the functions provided by the Service.
(13) Attempting to display data from the Service on maps other than the maps provided by the Company, and similar reverse engineering activities.
(14) Religious activities or solicitation to religious groups.
(15) Other acts deemed inappropriate by the Company.

Article 8 (Handling of Content)

1. Members may use the Content of the Service only within the scope prescribed by the Company.
2. All rights concerning the Content provided in the Service belong to the Company or legitimate right holders. The provision does not license the implementation or use of patent rights, utility model rights, design rights, trademark rights, copyrights, or other intellectual property rights held by the Company or legitimate right holders to Members. Rights concerning content provided through the Google Maps Platform belong to Google LLC or its licensors and are excluded from the rights defined in this paragraph.
3. Members are prohibited from replicating, transmitting, transferring, buying, selling, lending, translating, adapting, reproducing without permission, secondary use, commercial use, modification, disassembling, decompiling, or reverse engineering by any method beyond the scope of use prescribed by the Company.
4. Notwithstanding the preceding paragraph, if a Member loses user eligibility due to withdrawal or other reasons, the right to use the provided Content shall also be extinguished.
5. Copyrights (including all copyrights stipulated in Articles 21 through 28 of the Copyright Act of Japan) concerning content (still images, videos, text information, and all other information) posted or otherwise transmitted by a Member on the Service shall belong to the Member. However, upon transmission of content, the Member grants the Company a royalty-free, non-exclusive license to use the content inside and outside Japan.
6. Reproducing or utilizing postings without permission is prohibited, except for the Member who originally created the posting.
7. Members shall not exercise moral rights of authors within the Service.
8. The Company may utilize Members’ postings within the Service or in services of third parties. In such cases, a partial summary or excerpt of the posting, and the nickname of the Member may be displayed. The Company shall not provide any compensation for damages incurred by Members or third parties due to the utilization of Members’ postings.
9. When a Member creates a posting utilizing copyrighted works of a third party, the Member guarantees under their own burden and responsibility that all necessary rights clearances have been executed.
10. If the Company determines that a Member’s posting is inappropriate, it may delete the posting based on its discretion and judgment without notifying the Member.
11. If a Member obtains profit by utilizing posted information on the Service, except for the utilization of comments by the Member who posted them or cases explicitly permitted under these Terms, the Company may claim an amount equivalent to such profit.
12. The Company does not guarantee the accuracy, completeness, usefulness, or fitness for a particular purpose of the Service (including information provided through the Google Maps Platform). If information on the Service differs from the actual on-site situation, please prioritize the actual on-site situation.

Article 9 (Suspension of Provision of the Service)

1. If the Company determines that any of the following grounds exist, it may suspend or interrupt the provision of all or part of the Service without prior notice to Members. The Service may be provided utilizing services provided by third parties (such as cloud services).
- (1) Performing maintenance inspections (including cases where emergency inspections are required) or updates of facilities concerning the Service.
- (2) The provision of the Service becomes difficult due to force majeure such as earthquakes, lightning, fires, power outages, or natural disasters.
- (3) Systems or communication lines stop due to an accident.
- (4) Other cases where the Company determines that the provision of the Service is difficult.
2. The Company shall bear no responsibility whatsoever for any disadvantage or damage incurred by Members or third parties due to the suspension or interruption of the provision of the Service.

Article 10 (Modification and Termination of the Service)

1. The Company may modify, suspend, discontinue, or terminate the contents of the Service at any time without prior notice if it deems necessary. For significant matters such as the termination of the Service, the Company will endeavor to announce them on the Service, but does not guarantee this.
2. The Company shall bear no responsibility whatsoever for any disadvantage or damage incurred by Members or third parties due to the modification, suspension, discontinuation, or termination of the Service.

Article 11 (Usage Restrictions and Deregistration)

1. If a Member falls under any of the following items, the Company may delete posted information, restrict the use of all or part of the Service, or deregister the Member without prior notice_:
- (1) Violation of any provision of these Terms.
- (2) It is revealed that false facts exist in registration matters.
- (3) No response is received for a certain period to communications from the Company.
- (4) The Service has not been used for a certain period since the final utilization.
- (5) Slander, harassment against other Members, or acts falling under Article 7 (Prohibitions) are repeatedly performed.
- (6) Other cases where the Company determines that the use of the Service is inappropriate.
2. If the Company receives reports of inappropriate content from other Members, it may promptly delete such content and take measures to restrict the use of the Member who created the posting.

Article 12 (Withdrawal)

Members may withdraw from the Service at any time through the withdrawal procedures prescribed by the Company. After withdrawal, the Member’s account and Registration Information shall be deleted after the period prescribed by the Company elapses.

Article 13 (Disclaimer of Warranties and Limitation of Liability)

1. The Company assumes no responsibility whatsoever for any damage caused by changes, interruption, or termination of the Service.
2. The Company does not participate in any way in the utilization environment of Members and assumes no responsibility for it.
3. The Company does not guarantee that the Service is compatible with all information terminals. Members shall acknowledge in advance that operational malfunctions may occur in the Service due to version upgrades of the OS of the terminal used. The Company does not guarantee that such malfunctions will be resolved by program modifications performed by the Company.
4. Members shall acknowledge in advance that use of part or all of the Service may be restricted due to changes in the terms of use or operational policies of service stores such as the App Store.
5. The Company bears no responsibility even if data on the Service is corrupted due to external factors. The Company does not guarantee the backup of data on the Service.
6. The Company assumes no liability for damages arising from malfunctions, errors, or obstacles occurring in the Service, or the inability to use the Service.
7. The Company does not guarantee the accuracy, recency, usefulness, etc., of the Service (including information provided through the Google Maps Platform). Even if published information differs from the actual situation on site, the Company assumes no responsibility for damages arising from it (such as losses due to inability to reach destinations).
8. The Company makes no guarantees regarding external sites operated by third parties linked from the Service. The Company bears no liability for compensation and does not intervene in damages or troubles arising at link destinations or between Members.
9. The Company makes no guarantees regarding any content, including the accuracy of Members’ posted information. The Company bears no liability for compensation and does not intervene in Members’ damages or troubles between Members caused by posted information.
10. The Company bears no liability for compensation for damages directly or indirectly incurred by Members due to using the Service.
11. The Company assumes no responsibility for lost opportunities, business interruption, or any other damages (including indirect damages or lost profits) incurred by Members or other third parties, even if the Company was notified in advance of the possibility of such damages.
12. If a deletion request for a posting is received from another Member or a third party, the Company may decide the permissions of deletion based on its judgment, and assumes no responsibility for any disadvantage or damage arising from such judgment.
13. If a Member voluntarily displays personal information within the Service and encounters trouble with other Members or third parties concerning the collection or use of such information, the responsibility lies with the Member, and the Company assumes no responsibility.
14. The Company assumes no responsibility for disputes and troubles between a Member and other Members. Even if trouble arises between Members, it shall be resolved under the responsibility of both parties, and no claims shall be made against the Company.
15. If a Member causes damage to other Members or causes a dispute with a third party in connection with the use of the Service, the Member shall compensate for such damage or resolve such dispute at their own expense and responsibility, and shall cause no inconvenience or damage to the Company.
16. If the Company is sued for damages by a third party due to a Member’s actions, it shall be resolved at the Member’s expense (including attorney’s fees) and responsibility. If the Company pays damages to the third party, the Member shall pay all expenses including the damages (including attorney’s fees and lost profits) to the Company.
17. If a Member causes damage to the Company in connection with the use of the Service, the Member shall compensate the Company for the damage (including litigation expenses and attorney’s fees) at their own expense and responsibility.
18. The Company assumes no responsibility for traffic accidents or any other accidents, injuries, disputes, etc., occurring while a Member is using the Service (including while moving or driving). Members shall comply with traffic rules and public manners, and use the Service under their own responsibility.
19. Notwithstanding the provisions of the preceding paragraphs, if the Company has intent or gross negligence, or if these Terms constitute a consumer contract under the Consumer Contract Act of Japan, the disclaimer provisions of this Article shall not apply. In this case, the Company shall bear compensation liability limited to ordinary damages directly and actually incurred by the Member.

Article 14 (Placement of Advertisements)

Members shall be deemed to understand and accept that the Service may include various advertisements, and that the Company or its affiliates may place various advertisements on the Service. The form and scope of advertisements on the Service are subject to change by the Company at any time.

Article 15 (Severability)

Even if any provision of these Terms or a part thereof is judged to be illegal or invalid by a court of competent jurisdiction, the remaining parts of these Terms outside the said provision shall continue to remain fully effective.

Article 16 (Notice or Communication)

Notices or communications between Members and the Company shall be performed by the method prescribed by the Company. Unless a change notification is submitted by a Member in accordance with the method separately prescribed by the Company, the Company shall deem the currently registered contact information to be valid and perform notices or communications to the said contact information, and these shall be deemed to have reached the Member at the time of transmission.

Article 17 (Governing Law and Jurisdiction)

1. The governing law for the interpretation of these Terms shall be the law of Japan.
2. If a dispute arises regarding the Service, the court having jurisdiction over the location of the Company’s head office shall be the exclusive agreed court of first instance.

※ This English translation is provided for informational purposes only. The Japanese version shall govern and take precedence in the event of any disputes.