Terms of Service
Terms & Conditions
By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages or make derivative versions. The app itself, and all the trademarks, copyright, patents, database rights, and other intellectual property rights related to it, still belong to Wagotabi.
Wagotabi is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The app may store and process personal data that you have provided to us, to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware, viruses, or malicious programs, compromise your phone’s security features and it could mean that the app won’t work properly or at all. The app does use third-party services that declare their Terms and Conditions.
Link to Terms and Conditions of third-party service providers used by the app
You should be aware that there are certain things that Wagotabi will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but Wagotabi cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left. If you’re using the app outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, Wagotabi cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Wagotabi cannot accept responsibility.
With respect to Wagotabi’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Wagotabi accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app. We make no warranty that the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content.
To the extent permitted under applicable law, neither Wagotabi nor any other party involved in creating, producing, or delivering the services or content will be liable to you for any indirect, incidental, special, punitive, exemplary, or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services, arising out of or in connection with these terms, or from the use of or inability to use the services or content, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Wagotabi has been advised of the possibility of such damages, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Wagotabi Limited does not provide reimbursement directly to users for any charges, including but not limited to app purchases, subscriptions, or associated data charges. Any requests for reimbursement should be directed to the platform from which the app was acquired (including but not limited to Apple App Store, Google Play Store, Steam). Wagotabi Limited is not responsible for and does not handle any reimbursement requests directly from users.
At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for the both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Wagotabi does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
Wagotabi is a fictional work. Names, characters, places and events either are products of the author’s imagination or are used fictitiously. There may be resemblance to actual events or locales or persons, living or dead, but this is part of a fiction and Wagotabi cannot be liable for it.
Beta Programs
Wagotabi may offer you early access to certain pre-release computer application software or mobile application software ("Beta Software") in order to allow you to test and provide feedback on Beta Software as part of Wagotabi’s beta testing program (“Beta Program“). **This Section only applies to closed Beta Programs, where Wagotabi offers private access to selected testers. This Section does not apply to open betas that Wagotabi makes publicly available on an app store.
You acknowledge that any product features or content, game documentation, promotional materials and/or any other information that Wagotabi may provide to you in connection with the Beta Program ("Test Materials"), the Beta Software, as well as everything related to the Beta Program is the exclusive property of Wagotabi, is confidential, and should be treated as confidential until such time as Wagotabi releases it.
If Wagotabi offers you access to the Beta Software, then, subject to your compliance with these Terms, Wagotabi grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Beta Software solely for the purposes of testing and providing feedback on the Beta Software as part of the Beta Program.
Without limiting the foregoing and except as prohibited under applicable law, the following are prohibited and you may not:
copy, modify, or create derivative works based on the Beta Software;
give or sell the Beta Software to anyone;
reverse engineer, decompile, disassemble, decrypt or otherwise attempt to derive the source code of the Beta Software;
install the Beta Software on systems you don’t directly control;
Wagotabi may collect your comments, suggestions, and feedback on the Software, and may also track your use of the Software through analytic tools, in accordance with Wagotabi’s Privacy Policy. All such comments, suggestions, feedback, and analytic data (collectively, the "Beta Feedback") is the exclusive property of Wagotabi.
You understand and agree that participation in the Beta Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Wagotabi, and you will not be compensated for your participation or any Beta Feedback.
Unless prohibited by applicable law, all Test Materials are provided to you "as is" without any explicit or implicit warranty of any kind. You understand that the Beta Software is in development and may contain errors, bugs, and other problems that could cause loss of data and/or system failure. You should install the Beta Software on non-production devices that are not business critical and have been backed up. To the extent permitted under applicable law, Wagotabi is not liable in any way for any damages you might incur as a result of your participation in the Beta Program.
You agree that any breach of your confidentiality obligation will result in irreparable harm to Wagotabi, the extent of which would be difficult to ascertain, and that monetary damages will not be an adequate remedy. Accordingly, you agree that in the event you breach your confidentiality obligation, Wagotabi will be entitled to injunctive or other equitable relief as the court deems appropriate, in addition to any other remedies which it may have available.
Contacting us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at kinoko.amaterasu@gmail.com.
Changes
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These terms and conditions are effective as of 2024-11-08.