Terms of Service

TERMS OF SERVICE

Last Updated: February 21, 2024

These Terms of Service ("Terms") apply to you who access and/or use the Yaomic application, the Yaomic website (www.yaomic.com), including all content and other materials contained in or provided through such application or website (collectively, the "Service"), which is provided by Kana Interactive Co., Ltd., including its partners and affiliates (collectively referred to as "Yaomic", "we", "us", or "our").

Please read these Terms carefully before using our Service.

Definitions

For the purposes of these Terms of Service:

Account means a unique user account created during the registration process to enable you to access our Service or certain parts of our Service.

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store).

Coins means virtual currency that you may purchase and/or obtain, which may be exchanged for content, items, or other offerings provided by us.

Member means an Account that has subscribed on a monthly or annual basis and maintains active membership status at the time of using the Service.

Reading Ticket means an item that allows users to access comic and novel content without limitation on the number of titles or episodes during the validity period of such Reading Ticket.

Play Store means the digital distribution service operated and developed by Google LLC (Google Play Store).

Content means digital comics, novels, images, or other types of digital content, including related materials made available under the Service.

Item means any virtual product, digital product, feature, or functionality offered under the Service.

Feedback means suggestions, innovations, or recommendations you submit regarding the features, performance, or characteristics of our Service.

User Post means features of our Service that allow users to post or submit information, including text, images, or other materials under the Service.

Yaomic Application means our content portal, reading program, application, website, or software that allows you to browse, purchase, download, read, access, or use Content offered under this Agreement.

Yaomic Website means www.yaomic.com.

1) Acceptance of Terms

By accessing the Yaomic Application, the Yaomic Website, using the Service, downloading the application, clicking any button, or checking any box indicating your agreement—regardless of whether you register an Account—you acknowledge that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy (collectively, the "Agreement").

This Agreement is concluded solely between you and Yaomic, not with the Application Store or Play Store. However, the Application Store and/or Play Store shall have the right to enforce this Agreement against you as third-party beneficiaries in relation to your use of the Service.

This Agreement applies to all visitors, users, and others who access or use the Service, including users who contribute Content and/or User Posts.

If you do not agree with any part of this Agreement, you must not access or use our Service.

2) Limited License

We grant you a limited, revocable, non-exclusive, non-transferable license to download, install, and use the Yaomic Application and the Yaomic Website strictly in accordance with this Agreement.

You may use the Service only on devices that you own, control, or are authorized to use.

The license granted is solely for personal, non-commercial purposes.

You agree not to:

(a) License, sell, rent, lease, assign, distribute, transmit, disclose, or commercially exploit the Yaomic Application, Yaomic Website, or any Content under the Service.

(b) Modify, create derivative works, disassemble, reverse engineer, decompile, or attempt to extract source code.

(c) Remove, alter, or obscure any proprietary notices.

3) Updates and Modifications

We reserve the right to modify, suspend, or discontinue access to the Service at any time, with or without notice, without liability.

We may provide updates, upgrades, bug fixes, or modifications without prior notice.

We have no obligation to provide updates or maintain any particular feature.

All updates shall be deemed part of the Service and governed by this Agreement.

4) User Accounts

You must provide accurate and complete information.

Failure to do so may result in immediate termination.

We are not responsible for third-party social platform accounts.

You must be at least thirteen (13) years old (or the minimum legal age in your jurisdiction). If under the minimum age, use must be supervised by a legal guardian.

We may require proof of age or parental consent and may terminate accounts if such proof is invalid.

5) Membership and Subscriptions

Users may subscribe monthly or annually.

Members may access unlimited Content during active membership.

Subscription fees are non-refundable unless required by law.

Membership renews automatically unless canceled before renewal.

We may modify membership fees or benefits without prior notice.

6) Intellectual Property and Content

The Yaomic Application, Website, and all Content are owned by us or licensed to us.

All Content is protected by copyright, trademark, and other laws.

You are granted a limited, non-exclusive, non-transferable, revocable license for personal use only.

You may download Content only through official Service functions.

You must not:

Copy, distribute, sell, sublicense, or rent Content

Circumvent encryption or content protection

Modify or create derivative works

Reproduce Content through recording or screenshots

We may suspend access to Content due to legal or copyright issues.

7) User Posts and Feedback

You acknowledge and agree that any comments, posts, or User Posts submitted by you shall not infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other proprietary rights.

You further agree that your User Posts shall not contain unlawful, defamatory, obscene, inappropriate, harmful, or malicious content, including computer viruses or malware that may damage the Service.

You are solely responsible for your User Posts and their accuracy. We assume no responsibility or liability for any User Posts submitted by you.

By submitting Feedback to us, you assign all rights, title, and interest in such Feedback to Yaomic. If such assignment is not effective for any reason, you grant us a perpetual, irrevocable, royalty-free, worldwide, non-exclusive license to use, reproduce, modify, sublicense, distribute, and otherwise exploit such Feedback without limitation.

8) Coins and Purchases

Certain Content may require the use of Coins.

8.1 Coins may be granted through purchases, promotions, or other activities as determined by us. We reserve the right to modify Coin pricing and the number of Coins required to access Content at any time.

8.2 Coins have no real-world monetary value and do not represent any real-world currency or credit. Coins cannot be redeemed for cash.

You are granted a limited, non-exclusive, non-transferable, revocable license to use Coins solely within the Service.

8.3 Coins are tied to the Account that obtained them and are non-transferable.

8.4 All Coin purchases are final and non-refundable unless required by applicable law.

8.5 You may not transfer, sublicense, exchange, sell, or attempt to exchange Coins outside the Service. We may suspend or revoke Coins if fraudulent activity is suspected.

9) Privacy Policy

Your access to and use of the Service is subject to our Privacy Policy.

The Privacy Policy describes how we collect, use, and disclose your Personal Data.

By accepting this Agreement, you acknowledge and agree to the terms of our Privacy Policy.

10) Termination

We may suspend or terminate your Account immediately without prior notice or liability if you breach this Agreement.

Upon termination, you must cease all use of the Service and Content.

Failure by us to enforce any provision shall not constitute a waiver.

11) Limitation of Liability

To the fullest extent permitted by law, in no event shall Yaomic or its affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

Loss of profits

Loss of data

Business interruption

Personal injury

Loss of privacy

Even if we have been advised of the possibility of such damages.

Our total liability under this Agreement shall not exceed the amount you actually paid through the Service.

12) Indemnification

You agree to indemnify and hold harmless Yaomic, its parent company, subsidiaries, affiliates, officers, employees, agents, partners, and licensors from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney's fees) arising from:

(a) Your use of the Service

(b) Your User Posts

(c) Your violation of this Agreement

(d) Your violation of any third-party rights

13) Disclaimer of Warranties

The Service is provided "AS IS" and "AS AVAILABLE," with all faults and defects, without warranty of any kind.

To the maximum extent permitted by law, we expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of:

Merchantability

Fitness for a particular purpose

Non-infringement

Accuracy

Reliability

We do not guarantee that:

The Service will meet your requirements

The Service will be uninterrupted or error-free

Errors will be corrected

The Service will be free from viruses or harmful components

We are not responsible for third-party products or services advertised or linked through the Service.

14) Severability and Waiver

If any provision of this Agreement is found unenforceable, that provision shall be modified to reflect its original intent to the fullest extent permitted by law.

The remaining provisions shall remain in full force and effect.

15) Amendments

We reserve the right to modify these Terms at our sole discretion.

Changes will be posted on the Yaomic Application and/or Website.

Continued use of the Service after changes constitutes acceptance of the revised Terms.

16) Governing Law and Jurisdiction

If a Thai language version of this Agreement exists, the Thai version shall prevail in case of any conflict.

This Agreement shall be governed by and construed in accordance with the laws of Thailand.

17) U.S. Legal Compliance

You represent and warrant that:

(a) You are not located in a country subject to U.S. government embargo; and

(b) You are not listed on any U.S. government list of prohibited or restricted parties.

18) Contact Us

If you have any questions regarding this Agreement, the Service, or Content, please contact us at:

[email protected]

End of Terms of Service

Last Updated: February 21, 2024