Terms of Use (Mobile Application)

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DEFINITIONS

・User: Refers to any individual or entity who downloads, accesses, or uses the App.

・Service: Refers to all features, tools, and services provided through the App.

・App: Refers to the mobile application “Avatown Mobile,” along with all related functionality, content, and services provided by Dolami, Inc.

・Company/We/Us/Our: Refers to Dolami, Inc., the owner and operator of the App.

・Contents: Refers to all materials accessible through the App, including text, graphics, images, music, software, audio, video, data, or other materials.

・Account: Refers to the user registration information created to gain access to the App’s features.

・Terms: Refers to these Terms of Service and any of their revisions or modifications.

・Device: Refers to any mobile device, tablet, computer, or other hardware used to download or access the App.

・Personal Data/Information: Refers to any information that identifies or relates to an identifiable individual.

・Privacy Policy: Refers to Our policy detailing how We collect, use, share, and safeguard Personal Data.

・Governing Law: Refers to the law applicable to the interpretation of these Terms and resolution of disputes.

・Jurisdiction: Refers to the court or legal authority with the power to adjudicate disputes arising from these Terms.

・Prohibited Conduct: Refers to activities or behavior that are forbidden while using the App or Service.

・Termination: Refers to the process by which the Company or a User ends the User’s Account or access to the Service.

・Uploading: Refers to the act of transferring User-owned digital assets from the User’s Account to external services or applications.

・Upload Location: Refers to any third-party service or application to which a User may transfer or upload digital assets.
ACCEPTANCE OF TERMS

2.1 By checking the acceptance box during your initial login or otherwise indicating your agreement, you acknowledge and consent to these Terms and our Privacy Policy, as well as any rules or guidelines that we may integrate by reference, including the Avatown Service Terms.

2.2 The App is intended for individuals who are 13 years of age or older. By using this App, you represent and warrant that you are at least 13 years old.

2.3 If the User is a legal entity, the term “User” shall also include both the individual who accesses or uses the App and the entity on whose behalf such individual is acting.

2.4 In addition to these Terms, you must also comply with the Google Play Store or Apple App Store terms and conditions under which the App is downloaded, as well as the terms of any Upload Location service you choose to use (e.g., VRChat).

2.5 We reserve the right to revise or update these Terms from time to time. We will notify you of significant changes by reasonable means, which may include posting the revised Terms within the App, sending an email notification to the address associated with your Account, or posting a notice on our official website. Your continued use of the App after such changes constitutes your acceptance of the new Terms.
FORMATION AND MODIFICATION OF AGREEMENT

3.1 These Terms become effective at the earliest of the following:

(a) The moment you download the App;

(b) The moment you install the App;

(c) The moment you first launch the App; or

(d) The moment you click the “I Agree” or similar button during the Account registration process.

3.2 Practically, you will be prompted to read and agree to these Terms via a checkbox at login after downloading the App from Google Play Store or Apple App Store.

3.3 We will provide at least thirty (30) days’ notice of any material changes to these Terms, using the notification methods described in Section 2.5. Minor, non-material amendments may become effective immediately upon posting without direct notice, though we endeavor to make users aware of such changes. If any changes involve a move to paid services, We will provide at least forty-five (45) days’ notice before implementation.

3.4 If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, such provision will be replaced with a valid and enforceable provision that most closely approaches the original intent and economic effect, and the remainder of these Terms will remain in full force and effect.
USER ACCOUNTS

4.1 Registration: To access certain features of the App, you may be required to create an Account. You agree to provide accurate, complete, and updated information as requested during registration.

4.2 Account Security: You are solely responsible for maintaining the confidentiality of your Account credentials, and you must promptly notify Us of any unauthorized access or breach of security.

4.3 Multiple Accounts: You may not create multiple Accounts in a manner intended to abuse the system or misrepresent your identity or the identity of your entity.

4.4 Deactivation and Termination: We reserve the right to suspend or terminate any Account at our sole discretion if we believe there has been any violation of these Terms or any misuse of the Service.
DESCRIPTION OF SERVICES AND ACCEPTABLE USE

5.1 Description: The Service is provided free of charge and allows you to upload 3D avatar data stored in your Avatown account to a destination of your choosing (“Upload Location”). The App includes functionalities such as: logging in with your Avatown account, selecting the avatar to upload, selecting the Upload Location, linking your account credentials for the Upload Location, and providing feedback to Avatown.

5.2 Prohibited Conduct: You agree not to engage in any of the following activities:

(a) Uploading content or data that violate any third-party rights or any applicable laws or regulations;

(b) Engaging in fraudulent, deceptive, or illegal activities using the Service;

(c) Attempting to gain unauthorized access to any Account, network, or system related to the App;

(d) Reverse engineering, decompiling, or attempting to extract the source code of the App;

(e) Using the App or Service in a manner that could disable, overburden, or impair the functionality of the App or the networks connected to it;

(f) Harassing, threatening, or otherwise harming other Users or third parties;

(g) Violating any service-specific rules or guidelines, including those of the Upload Location (e.g., VRChat).
FEES AND PAYMENT

6.1 Currently, there are no fees for the use of this App or Service. Should We introduce any paid services or subscription models in the future, we will follow the notification procedure set forth in Section 3.3 of these Terms.
INTELLECTUAL PROPERTY

7.1 User-Uploaded Avatars: The rights to the 3D avatars you choose to upload may vary depending on the license from the asset’s original source. You must comply with any such license terms, both within the App and with respect to any Upload Location.

7.2 Responsibility for User Data: We do not audit or monitor the data you upload to your Avatown account. You are solely responsible for ensuring that you have the necessary rights and licenses for any content you upload through this App.
USER-GENERATED CONTENT

8.1 (Reserved): This section is intentionally omitted at this time. It may be updated in the future if user-generated content functionality is introduced.
DISCLAIMER OF WARRANTIES

9.1 “AS IS” and “AS AVAILABLE”: The Service is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express or implied. We do not guarantee the completeness, accuracy, or reliability of the Service.

9.2 Third-Party Platforms: We are not responsible for any issues arising from or related to third-party platforms, including VRChat. You acknowledge that you must follow VRChat’s separate Terms of Service and policies, including any guidelines surrounding the API or login process.

9.3 VRChat Login Disclaimer: Our auto-uploader tool integrates with VRChat community API. This may require you to authenticate your VRChat account. We do not request, store, or retain your VRChat log-in information. Authentication happens directly through the VRChat Community API, where we only use your session credentials to perform uploads as described in our Privacy Policy. Any risks or liabilities arising from the use of VRChat community API or your authentication rest with you.

9.4 No Warranty of Non-Infringement: We do not represent or warrant that your use of the Service will not infringe any third-party rights.
LIMITATION OF LIABILITY

10.1 To the maximum extent permitted by applicable law, in no event shall We, Our affiliates, directors, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not We have been informed of the possibility of such damage. This limitation of liability shall not apply to liability resulting from Our gross negligence or willful misconduct.

10.2 Our total aggregate liability to you for any and all claims relating to these Terms, the App, or the Service, given that the Service is currently provided free of charge, shall not exceed the amount of zero US dollars (USD $0). This limitation will apply even if the remedy fails of its essential purpose, except for liability resulting from Our gross negligence or willful misconduct as stated in Section 10.1.
INDEMNIFICATION

11.1 You agree to indemnify, defend, and hold harmless Us and Our affiliates, directors, officers, employees, and agents from and against any third-party claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

(a) Your breach of these Terms;

(b) Your violation of any law or regulation; or

(c) Any claim that your use of the Service infringes or violates the rights of any third party.
PRIVACY POLICY AND DATA HANDLING

12.1 Compliance: Your use of the Service is also governed by Our Privacy Policy, which details how we collect, use, share, and safeguard your Personal Data. We handle your Personal Data in accordance with our Privacy Policy and applicable data protection laws.

12.2 Consistency with These Terms: If there is any conflict between these Terms and the Privacy Policy, these Terms shall govern to the extent of such conflict.
GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Governing Law: These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

13.2 Venue: You agree that any legal action or proceeding arising out of or in connection with these Terms shall be brought exclusively in the state or federal courts located in the State of California, and you expressly consent to personal jurisdiction and venue in such courts.
SEVERABILITY AND ENTIRE AGREEMENT

14.1 Severability: If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

14.2 Entire Agreement: These Terms (including any additional agreements incorporated herein) constitute the entire agreement between you and Us regarding the Service and supersede any prior or contemporaneous understandings, communications, or agreements. All rights not expressly granted herein are reserved by Us.
MISCELLANEOUS

15.1 Non-Assignment: You may not assign or transfer any of your rights or obligations under these Terms without Our prior written consent.

15.2 Force Majeure: We shall not be liable for any failure to perform or delay in performing any obligation under these Terms where the failure or delay results from any cause beyond Our reasonable control, including natural disasters, governmental actions, or internet disturbances.

15.3 Language: In the event of any discrepancy between the English version and the Japanese translation of these Terms, the English version shall prevail. However, We provide the Japanese translation for your convenience and reference.