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Qwests Terms of Use

Effective date: [TO CONFIRM: effective date]
Version: 1.0

These terms are an agreement between you and Analema GK (アナレマ合同会社) ("we", "us"), the maker of Qwests. Please read them. They are written to be plain.

1. Accepting these terms

The first time you open Qwests, the app asks you to agree to these terms, with links to them and to our Privacy Policy, before you continue with just a name, with Apple or with Google. If you do not agree, please do not use the app.

2. Who can use Qwests

You must be 18 or older, and old enough to make a binding agreement where you live. Qwests is not made for children, and anyone under 18 must not use it.

In some places the age of adulthood is higher than 18 (for example, 19 in South Korea or 20 in Thailand). If that is true where you live, you may agree to these terms only with a parent's or guardian's consent where the law requires it.

3. What Qwests is

Qwests is a daily habit app. Each day it offers a few small real-world "quests". You choose whether to do one, mark it complete, and the day shows on your calendar. A mascot, Qwester, celebrates with you. You can save or share a card or GIF.

Qwests is free, with no in-app purchases. [TO CONFIRM: true for launch.]

This version of the app has no feed, chat, comments or messaging, and no accounts talk to each other. It keeps your data on your phone (see the Privacy Policy). If that changes, we will update these terms and the Privacy Policy first (section 13).

4. Safety and your own choices

Quests are suggestions for real life. You decide whether, when and how to do any of them.

• Skip any quest that feels unsafe, illegal, unsuitable for your health or uncomfortable. Skipping is always fine.
• Do quests only when it is safe. Never use the app while driving or cycling, or anywhere you need your full attention.
• Think about your health, the weather and where you are. Adjust a quest to suit you.
• Follow the laws and rules where you are, and the rules of any place you visit.
• Respect other people. Ask for their consent before you photograph them or share their image, and respect their privacy and wish to be left alone.
• Some Social quests involve talking to strangers. Use good judgement, stay in public places and trust your instincts. If someone does not want to talk, leave them be.
• Qwests is not medical, mental-health or fitness advice. Talk to a professional before changing your exercise, diet or health habits, or if you are struggling.
• Qwests is not for emergencies. If you or someone else is in danger, contact your local emergency services.

You are responsible for your own choices, including how you carry out a quest and how you treat other people. This does not reduce our responsibility for our own fault (see section 10).

5. Acceptable use

Please do not:

• break the law, or use the app to harm, harass, stalk or endanger anyone;
• photograph or share people without their consent;
• copy, reverse-engineer, decompile or tamper with the app, except where the law says you may;
• remove or hide our notices, or use our content or mascot in a misleading way;
• use the app to build a competing product, or use automated means to access it.

6. Your content

Notes, photos and feelings you add are yours. We claim no ownership of them. In this version of the app, they stay on your phone and we do not receive them, so we need no rights to them. If a future feature needs to store or show your content for you, we will explain what rights we need, and ask you, before it starts.

You are responsible for what you share. When you use the share sheet, you choose where it goes, and the other app's terms apply. Only share what you have the right to share, including images of other people.

7. Our content and Qwester

The app, the quest library, the wordmark, the design and the Qwester mascot belong to Analema GK or its licensors and are protected by copyright, trademark and other laws. All rights not granted here are reserved.

You are welcome to share the cards and GIFs the app creates, including on your own social media accounts. Please keep our marks and the mascot unaltered, and do not use them to advertise or sell something, or in a way that suggests we endorse you or your product. For any other use, ask us first. [TO CONFIRM with Gus: whether posts on creators' monetised accounts are fine.]

8. App store terms

You get Qwests from Apple's App Store or Google Play. These terms apply, and the store's own terms also apply to your download.

For Apple users, these terms form our end-user licence agreement and include the following.

• Acknowledgment. This agreement is between you and Analema GK only, not Apple Inc. ("Apple"). We, not Apple, are solely responsible for the app and its content.
• Scope of licence. We give you a limited, non-transferable licence to use the app on Apple-branded products you own or control, as allowed by the Usage Rules in the Apple Media Services Terms and Conditions (including use by other accounts linked to you through Family Sharing).
• Maintenance and support. We, not Apple, are solely responsible for support and maintenance. Contact info@analema.xyz. Apple has no obligation to provide any.
• Warranty. We are solely responsible for any product warranties, whether given by us or implied by law. If the app fails to meet any applicable warranty, you may tell Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation for the app. Any other claims, losses, liabilities, damages, costs or expenses for failure to meet a warranty are our responsibility, as these terms provide.
• Product claims. We, not Apple, are responsible for any claims about the app or your use of it, including product liability claims, any claim that the app fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
• Intellectual property claims. If a third party claims the app or your use of it infringes their intellectual property, we, not Apple, are solely responsible for investigating, defending, settling and resolving the claim.
• Legal compliance. You confirm that you are not located in a country subject to a US government embargo or designated as a "terrorist supporting" country, and that you are not on any US government list of prohibited or restricted parties.
• Developer contact. Analema GK (アナレマ合同会社), 2757-44 Inunakiyama, Shimanokita, Itoshima-shi, Fukuoka 819-1303, Japan, info@analema.xyz.
• Third-party terms. You must follow any applicable third-party terms (for example, your wireless data agreement) when using the app.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of this agreement. When you accept it, Apple has the right to enforce it against you.

[TO CONFIRM: these terms are uploaded as the custom EULA in App Store Connect; otherwise Apple's standard EULA applies on the App Store.]

For Google Play users, Google is not a party to this agreement and is not responsible for the app, except as Google Play's terms say.

9. What we can and cannot promise

We work to keep Qwests useful and working, but we cannot promise that it will always be available, be free of errors, work on every phone or system version, or give you particular results.

Because the app keeps your data on your phone, it is lost if you lose your phone, delete the app or use Delete account, unless your phone's own backup kept a copy. We have no copy and cannot recover it.

This section does not take away any rights you have under the law where you live, for example if the app does not work as described.

10. Our liability

What we are always responsible for. Nothing in these terms limits or excludes our liability for harm we cause on purpose or through gross negligence, for death or personal injury caused by our negligence, for fraud, or for anything else the law where you live does not let us limit.

Limits that apply otherwise. Only where we were slightly negligent (not on purpose and not through gross negligence), and where the law allows:

• we are responsible only for loss that was a foreseeable result of our fault, and not for loss that is indirect or that neither of us could have expected; and
• our total liability to you is limited to the amount you paid us for the app in the 12 months before the claim, or JPY 10,000 if that is more.

Consumers in the EU and UK. If you are a consumer in the EU or the UK, the two limits above do not apply. We are responsible for foreseeable loss caused by our breach of these terms or our negligence, as the law where you live provides.

11. Ending your use

You can stop any time: use You → Delete account, or delete the app.

We may stop offering, updating or supporting Qwests. If we do, we will give you reasonable notice where we can. The app on your phone may keep working, but may stop working with future phone systems.

Sections 7, 9, 10 and 12 continue to apply after you stop.

12. Governing law and disputes

These terms are governed by the laws of Japan.

• If you live in Japan, the Tokyo District Court may hear disputes as the court of first instance, alongside any other court the law gives you.
• If you are a consumer living outside Japan, you also keep the protection of the mandatory consumer laws of the country where you live, and you may bring a claim in the courts there.

Before going to court, please email us. Most problems can be solved that way.

13. Changes to these terms

We may update these terms when there is a good reason, for example when we add features, when the law changes, or to make them clearer. A change will be reasonable and will not go beyond what that reason needs.

Before a change takes effect, we will publish the new terms with the date they take effect and, for meaningful changes, tell you in the app, giving you reasonable time to read them. If you do not agree, you can stop using the app and delete your account before then. If a change needs your agreement under the law where you live, we will ask for it.

14. Other things

• Translations. We publish these terms in English, Japanese, Korean, Thai and Simplified Chinese. If they differ, the English version applies, unless the law where you live says otherwise. If any wording is unclear, we will read it in the way that is fairer to you.
• If part of these terms does not apply. If a court finds part of these terms invalid, the rest still applies.
• Sign-in services. You do not need an account to use Qwests. If you choose Sign in with Apple or Sign in with Google, they are run by Apple and Google under their own terms.

15. Contact

info@analema.xyz [TO CONFIRM: mailbox is live] Analema GK (アナレマ合同会社) 〒819-1303 福岡県糸島市志摩野北字犬鳴山2757番44 (2757-44 Inunakiyama, Shimanokita, Itoshima-shi, Fukuoka 819-1303, Japan) Representative: 代表社員 キーレズ・オーガスチン (Agustin Quiles IV), Representative Member