Terms of use

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

Please read these Terms and Conditions (”Terms”, “Terms and Conditions”) carefully before using the Kaku(書く) mobile application (”the Service”, “Kaku App”, or “Kaku”) operated by 10B Inc. (”10B”, “the Company”, “us”, “we”, or “our”).

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Our Privacy Policy describes how we collect, store, use, and disclose, and otherwise process your personal information when providing our Service to you, and your rights and choices concerning your information. When you use our Service, you acknowledge that Kaku Privacy Policy applies. If you do not want us to collect, store, use, or share your information in the ways described in Kaku Privacy Policy, you must not use our Service.

1. Your Account and Responsibilities

You’re responsible for your use of the Services and any content you provide, including compliance with applicable laws. Content on the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.

Your use of the Services must comply with our Rules.

You may need to register for an account to access some or all of our Services. Help us keep your account protected. Safeguard your password to the account, and keep your account information current. We recommend that you do not share your password with others.

If you’re accepting these Terms and using the Services on behalf of someone else (such as another person or entity), you represent that you’re authorized to do so, and in that case the words “you” or “your” in these Terms include that other person or entity.

To use our Services, you must be at least 13 years old.

If you use the Services to access, collect, or use personal information about other users (“Personal Information”), you agree to do so in compliance with applicable laws. You further agree not to sell any Personal Information, where the term “sell” has the meaning given to it under applicable laws.

For Personal Information you provide to us (e.g. as a Newsletter Editor), you represent and warrant that you have lawfully collected the Personal Information and that you or a third party has provided all required notices and collected all required consents before collecting the Personal Information. You further represent and warrant that 10B’s use of such Personal Information in accordance with the purposes for which you provided us the Personal Information will not violate, misappropriate or infringe any rights of another (including intellectual property rights or privacy rights) and will not cause us to violate any applicable laws.

2. Changes to these terms

The Company reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time by posting/publishing the amended versions on our site (https://kaku-app.com, “Kaku Website”) or the application via which you may use the Service (“Kaku App”). We may do our best to notify you of any material changes by providing additional notice, such as an e-mail message or messaging within the Service. Unless we state otherwise, changes are effective when posted. New versions of the Terms, and any other policies, codes, or rules will be accessible at Kaku Website or Kaku App. If you continue to use the Service after the changes are posted, you are agreeing that the changes apply to your continued use of the Service.

3. User Content on the Services

We may review your conduct and content for compliance with these Terms and our Rules, and reserves the right to remove any violating content.

We reserves the right to delete or disable content alleged to be infringing the intellectual property rights of others, and to terminate accounts of repeat infringers.

4. Rights and Ownership

You retain your rights to any content you submit, post or display on or through the Services.

Unless otherwise agreed in writing, by submitting, posting, or displaying content on or through the Services, you grant 10B a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your content and any name, username or likeness provided in connection with your content in all media formats and distribution methods now known or later developed on the Services.

10B needs this license because you own your content and 10B therefore can’t display it across its various surfaces (i.e., mobile, web) without your permission.

This type of license also is needed to distribute your content across our Services. For example, you post a story on Kaku App. It is reproduced as versions on both our website and app, and distributed to multiple places within Kaku, such as the homepage or reading lists. A modification might be that we show a snippet of your work (and not the full post) in a preview, with attribution to you. A derivative work might be a list of top authors or quotes on Kaku that uses portions of your content, again with full attribution. This license applies to our Services only, and does not grant us any permissions outside of our Services.

So long as you comply with these Terms, 10B gives you a limited, personal, non-exclusive, and non-assignable license to access and use our Services.

The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in the Services, other users’ content on the Services, or Kaku trademarks, logos or other brand features.

Separate and apart from the content you submit, post or display on our Services, we welcome feedback, including any comments, ideas and suggestions you have about our Services. We may use this feedback for any purpose, in our sole discretion, without any obligation to you. We may treat feedback as nonconfidential.

We may stop providing the Services or any of its features within our sole discretion. We also retain the right to create limits on use and storage and may remove or limit content distribution on the Services.

5. Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with or without notice.

6. Payment Terms

Subscriptions

We offer some Services to you for free. Other Services require you to first enable a subscription that may require payment (“Subscription”). Subscriptions may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications with you. Subscription offerings may vary by jurisdiction, including in availability, pricing, and enabled features and content. Your Subscription will continue and automatically renew until terminated or as otherwise stated during sign-up or other communications with you. You can cancel your Subscription before it renews as set out below in the “Cancellation” section. You can find specific details regarding your Subscription in the Settings of the Apps.

By signing up for a Subscription, you agree that 10B or its payment processor may charge the fees shown to you during sign up on a periodic basis to the payment method you specify at the time of your initial purchase. The membership fee for the Service and any other charges you may incur in connection with your use of the Service, such as taxes and possible transaction fees, will be automatically charged to you on the specific billing date indicated on your Account page. In some cases, your payment date may change, for example if your paid membership began on a day not contained in a particular month.

You acknowledge and agree that 10B may use Apple Pay, Google Pay, or other third-party payment processors to process fees for the Subscription on our behalf, and that we will not be liable for any errors caused by such third-party payment processors. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid payment method. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your payment method. Please check with your payment method service provider for details.

Cancellation

You can cancel your membership at any time on the Kaku App. Payments are nonrefundable, but you will continue to have access to the Service through the end of your billing period.

Your Subscription will continue on a recurring basis according to its terms unless and until you cancel your Subscription or are otherwise suspended or discontinued pursuant to these terms. You must cancel your Subscription before your next renewal date in order to avoid billing for each renewal period. We or our payment processor will bill the periodic Subscription fee plus any applicable taxes to the active payment method at the time. If you cancel your Subscription, cancellation will be effective at the end of the current billing period -- this means that you will have continued access to your Subscription for the remainder of that period, but you will not receive a refund. You can cancel your Subscription by logging into your account and following the instructions in the settings of the Apps. If you pay for your Subscription through your account with a third party (e.g. through the Google Play store) and want to cancel your Subscription or manage your billing, you may need to do so through your account with such third party.

Updating your Payment Methods

You can update your payment methods via the Account page. We may also update your payment methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable payment method(s). You authorize us to charge any payment method associated to your account in case your primary payment method is declined or no longer available to us for payment of your subscription fee.

Changes to the Price and Subscription Plans

We reserve the right to change our subscription plans, pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use or our relevant notice, any price changes or changes to your subscription plan will take effect following notice to you.

7. Free Trials

We may sometimes offer free or discounted trials of our Subscription plans. If we offer you a trial, the duration, pricing (including whether it’s free), and other details of your trial will be stated either in the material describing the particular trial or during your sign-up for the trial. The terms of such trial offers may change and such offers may expire at any time. Trial offers may vary based on region and the specific user. If you cancel or upgrade your Subscription during a trial or while using a promotional code or other credits, your trial may end and the offer may no longer be available.

Some trials will auto-enroll users into normal Subscription fees after the trial period expires. For such plans, you will receive a prompt to accept those terms and the payment processor may charge a small amount to verify that your payment method is valid. Under these plans, once your trial period ends, we will automatically begin billing your payment method for your periodic Subscription fees (plus any applicable taxes), unless you cancel prior to the end of your trial. For that reason, unless otherwise indicated in the trial description, you will be asked to set up a valid payment method when redeeming a trial offer. For existing subscribers who accept a trial, you may be charged a prorated amount at the end of the trial to cover the period between the date the trial ends and the date your next billing period begins. If you don’t want to be charged after your trial period under an auto-enroll trial plan, please cancel your trial Subscription no later than the day before the last day of your free trial period.

8. Third-Party Services

The Service may include links to third-party websites or services. These third-party websites and services are not owned or controlled by us, and we are not responsible for their content or practices. Your use of these third-party services is at your own risk, and you should carefully review the terms and conditions and privacy policies of any such third-party services.

9. Intellectual Property

The Service and all content and other materials included on or made available through the Service, including but not limited to text, graphics, logos, images, and software, are the property of us or our licensors and are protected by copyright and other intellectual property laws. You may not use any such materials without our express written consent.

10. Limitation Of Liability

In no event shall 10B, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, 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, and even if a remedy set forth herein is found to have failed of its essential purpose.

11. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

10B its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

12. Governing Law and Dispute Resolution

These Terms and your use of the Service will be governed by and construed in accordance with the laws of the Republic of Korea, without giving effect to any principles of conflicts of law. Any disputes arising from or in connection with these Terms or the Service will be resolved through binding arbitration in accordance with the rules of the Republic of Korea Court.