Terms of Use

“App Ape” (the “Service”) is made available by Fuller, Inc. (“Fuller”). You, the user of the Service (individually, the “User”, and collectively, the “Users”), are deemed to have accepted the following terms and conditions of use (these “Terms of Use”) if the User uses all or part of the Service. If you do not agree to these Terms of Use, you should not use the Service. These Terms of Use shall apply to the master agreement concluded between the User and Fuller in regard to the use of the Service (the “Master Service Agreement”) and individual agreements concluded between the User and Fuller in regard to the use of data (including the Data Use Agreement as specified in Paragraph 1 of Article 15-2, together with the Master Service Agreement, collectively, the “Agreement”).

Article 1 (General)

  1. If any other conditions applied to the use of the Service (the “Conditions”) are provided separately or important notices are published regarding the Service (the “Important Notice”), such Conditions and Important Notices shall constitute a part of these Terms of Use.
  2. In case of any inconsistency between these Terms of Use and the Conditions, the Conditions shall prevail.
  3. The contents of these Terms of Use may be changed as necessary without prior notice to the User. Before using the Service, please read the latest version of these Terms of Use carefully.
  4. The User are deemed to have accepted the change of these Terms of Use pursuant to the preceding paragraph if the User uses the Service after the change.

Article 2 (Account)

  1. The User is required to register necessary information as designated by Fuller for the Service and obtain an approval of Fuller for the opening of the User’s account for the Service (such procedures composed of the registration to the approval, the “Account Registration”). The Master Service Agreement shall be deemed to be concluded between the User and Fuller upon the completion of the Account Registration, and the User may start using the user services that it selects within the scope of the Services (the “Target Service”).
  2. The User shall be deemed to have accepted these Terms of Use upon completion of the Account Registration. An indication of the intention not to accept these Terms of Use becomes effective only by non-completion of the Account Registration.
  3. The User shall comply with the following when it makes the Account Registration:
    1. the User must enter the true and accurate information in regard to themself in the entry field of the account registration page for the Service. Any registration by a substitute is not accepted;
    2. the User must register an email address owned by themself at the time of the Account Registration. Any registration with email addresses owned by others is not accepted. If an email address is used by multiple users within a company, school or family or under any other circumstances, we will accept a registration if all holders of the email address have consented to the registration of the email address by the User. Even in such a case, only the User who has made the Account Registration is allowed to use the Service;
    3. the User must promptly change the registered information if there is any change to the information registered pursuant to paragraph (1) above;
    4. the User may not possess or register multiple accounts; and
    5. the User is not allowed, with or without compensation, to assign, lend, pledge or in whatever manner have any third party use the account held by the User (including sharing the same account among multiple users to use the Service). If multiple users wish to use the Service simultaneously, it is required to make the Account Registration for the same number of accounts as such users.
  4. To use the Service, the User is required to enter the registered email address and password. If the entered information is identified with certain registered information, any activities carried out with the entered information shall be deemed to be activities of the User who has registered that registered information with us. Even in cases where the email address or the password are stolen or illegally used, the User shall be liable for any activities carried out with the email address or the password that the User has registered for the Service, except in cases of willful misconduct or gross negligence on the part of Fuller.
  5. The User shall be solely responsible for damages incurred due to insufficient management, wrong use or third-party’s use of the user ID or the password, etc. and Fuller shall bear no responsibility for the damages.
  6. In the case where it turns out that the password or the user ID of the User has been stolen or used by a third-party, the User shall immediately notify Fuller and follow Fuller’s instructions.

Article 3 (No Warranty)

  1. The Service is provided on an as-is basis. The Service may be suspended or canceled due to changes of service specifications. Fuller disclaims all warranties with respect to the information provided through the Service, including warranties with respect to the completeness, accuracy, reliability, and usefulness of the information. Fuller shall bear no responsibility for any matters relating to your use of the Service, including providing support for the use of the Service.
  2. Fuller does not guarantee that all information in the Service is stored or stays unchanged. The User shall store the information at its responsibility within the range of ordinary use.
  3. Fuller does not guarantee that all information, images, etc. in the Service are free of viruses and any other threats, that unauthorized third-party access will not occur in relation to the Service nor that there are no safety-related issues concerning the Service.
  4. Fuller is not involved in any communications and activities between the Users. In the case of conflicts or problems between the Users, the relevant Users shall resolve the issues at their responsibilities and costs, and Fuller shall bear no responsibility for such issues.
  5. In the case of conflicts between the User and a third-party, the User shall resolve the issue at its responsibility and cost, and Fuller shall bear no responsibility for such issues.

Article 4 (Use of Information relating to Service)

Information obtained from the User is handled according to the conditions described in these Terms of Use as well as the Fuller’s privacy policy (https://fuller-inc.com/docs/privacy-policy-en). Your acceptance of these Terms of Use shall be deemed to constitute your acceptance of Fuller’s privacy policy. Please be sure to read Fuller’s privacy policy carefully.

Article 5 (Collection and Use of Access Log Data)

  1. The Service collects the User’s access logs (the “Access Logs”). The Access Logs are used only to analyze the operation status of the server and statistics information of technical failures, improve the Service for the Users’ convenience and promoting the Service, and never used for any other purposes.
  2. Google Analytics is used to collect and analyze the Access Logs. Google Analytics collects Access Logs without any information that could identify individuals. The Access Logs are collected and stored according to the Google’s privacy policy. Please see below for Google Analytics and Google’s privacy policy. Google Analytics http://www.google.com/analytics/ Google Privacy Policy http://www.google.com/policies/privacy/partners

  3. The Service activates the functions of Google Analytics for advertisement and introduces the functions of Google Analytics for reporting regarding demographic overview and interest categories of users. Fuller uses first-party cookies, including cookies issued by Google Analytics, and other first party IDs to analyze the age group, the gender, interests, and concerns of the User by combining them with third-party cookies and other third-party IDs. If the User wishes to opt out the functions of Google Analytics for advertisement, please change the settings of the browser that the User uses or use the Google Analytics Opt-out Browser Add-on. *Google Analytics Opt-out Add-on https://tools.google.com/dlpage/gaoptout/

Article 6 (Prohibition of Reprint, etc.)

  1. All copyrights of data, images, etc. constituting the Service belong to Fuller (except for public domains and materials in respect of which Article 47-6 or 47-7 of the Copyright Act of Japan allows reproduce). The User may not reprint images, data or programs which constitute the Service for the purpose or benefit of other services, magazines, advertisements, etc. without Fuller’s permission.
  2. If the User reprints information posted on the Service in breach of the preceding paragraph, Fuller will take measures pursuant to the Copyright Act, including but not limited to, warning, criminal complaint, claim for damages, injunction, and restoration of reputation.

Article 7 (Attribution of Rights)

  1. All programs, services, software, trademarks, and trade names constituting the Service as well as all proprietary rights in regard to the services and the products provided by Fuller or its business partner and the accompanying technologies shall belong to Fuller, its business partner or the relevant rights holders, as the case may be. Any infringement of those rights is strictly prohibited.
  2. The User shall not reverse engineer, remodel nor commit infringement of any programs, software or anything else constituting the Service.
  3. In case of a dispute due to any breach of this Article 7, the User shall settle the dispute at its own responsibility and cost, and shall indemnify and hold harmless Fuller from all damages, liabilities, and expenses arising out of or in connection with such dispute under all circumstances.

Article 8 (Compensation)

If the User causes any damages to Fuller or any third-party (including subcontractor of Fuller) due to any breach of these Terms of Use by the User, the User shall indemnify and hold harmless Fuller and any such third-party from all of the damages.

Article 9 (Change of Service)

Fuller may change, make additions to or discontinue all or part of the Service without prior notice to the Users.

Article 10 (Suspension of Service)

  1. Fuller may temporarily suspend the Service without prior notice due to the following reasons:
    1. in case of maintenance, inspection, and repair of our system to maintain good operating conditions of the Service;
    2. in case of inability to provide the Service due to fires and power outages;
    3. in case of inability to provide the Service due to natural disasters and the like; or
    4. any other case that requires temporary suspension of the Service due to operational or technical reasons. .. In no event shall Fuller bear any responsibility for losses or damages incurred by the Users or third-parties arising directly or indirectly from the suspension of the Service.
  2. Fuller reserves the right to discontinue the Service without prior notice if Fuller determines that it is difficult to continue providing the Service after a temporary suspension of the Service pursuant to the preceding paragraph.

Article 11 (Termination of Service)

  1. Fuller may terminate the provision of the Service at any time by notifying the Users in advance on the Fuller’s website or by any other means.
  2. In no event shall Fuller bear any responsibility for losses or damages incurred by the Users or third-parties arising directly or indirectly from the termination of the Service pursuant to the preceding paragraph.

Article 12 (User’s Action)

  1. If the User uses the Service to transmit and receive data, the User shall be responsible for the contents of transmission and reception of data.
  2. Fuller provides the Service via the internet. The User shall appropriately install and operate all equipment, communication means, software, etc. necessary for the use of the Internet, at its responsibility and cost. Fuller shall bear no responsibility for such installation or operation.
  3. The User acknowledges and agrees that communication expenses, etc. are charged separately to use or view the Service depending on the User’s internet connection and any other environment and all such communication expenses, etc. shall be borne by the User.
  4. The User acknowledges and agrees that part of the Service may not be used depending on the environment of the User’s internet connection or device, or any other environment.

Article 13 (Rights to Use Data)

  1. The User may use the data provided through the Service (the “Data”) only if the primary purpose of the use of the Data is for the business conducted by companies or organizations that the User belongs to.
  2. Users shall be prohibited from the following actions when using the Data:
    1. tampering with the Data;
    2. disclosing, assigning, lending or transmitting the Data to a third-party;
    3. distributing the Data to unspecified masses through measures such as screening, exhibition, public transmission and automatic public transmission (including publication on the Internet);
    4. using the Data in a way which may have an adverse impact on impartial data surveys, such as using the Data for inappropriate contact with survey participants or survey sample households;
    5. using the Data for purposes other than the User’s business activities;
    6. using the Data in a way that Fuller determines is illegal or likely to be illegal;
    7. using the Data in a way that Fuller loses or is likely to lose business opportunities in relation to the Service;
    8. using the Data beyond the scope permitted under these Terms of Use; and
    9. any other use of the Data in breach of these Terms of Use.
  3. Fuller may request that the User explain the circumstances of the use of the Data by the User, and the User shall explain to Fuller as requested.
  4. If the Data is used by the User in breach of these Terms of Use, the Fuller may discontinue providing the Data and claim damages incurred by Fuller from the User in accordance with the Civil Code of Japan and any other relevant laws. The User shall agree to such discontinuance and indemnify the Fuller for such damages upon request of Fuller.

Article 14 (Display of Data)

The User must use the following indications or other indications equivalent thereto when using the Data except in the case that Fuller has given prior consent.

  1. When using the Data on an as-is basis: “App Ape.”
  2. When using the Data after analysis and/or with processing: “Based on App Ape data.”

Article 15 (Use of Paid Service)

  1. The User may apply for paid Service by completing the designated procedures for such paid Service. Terms and conditions which may be separately prepared (the “Special Terms and Conditions”) shall apply to certain paid Service, and in case of any discrepancy between the Special Terms and Conditions and these Terms of Use, the Special Terms and Conditions shall prevail.
  2. The details of the paid Service, including contents, application process, prices thereof, are provided in the relevant service pages on our website.

Article 15-2 (Use of Self-serve Service)

  1. The User may use the Self-serve Service by completing the designated procedures for the Self-serve Service. In these Terms of Use, the “Self-serve Service” shall mean the paid Service with online payment whereby Fuller provides the Data regarding the smartphone applications selected by the User. An agreement pursuant to which Fuller provides such Data with fees and the User pays for and uses such Data (the “Data Use Agreement”) shall be deemed to be concluded between the User and Fuller when the User (i) selects the Data regarding smartphone applications on the designated screen on our website and (ii) clicks on the designated button as a manifestation of the User’s intention to accept these Terms of Use and the Service Plan (as defined in the following paragraph). The Self-serve Service allows the User to be provided the Data specified under the relevant Data Use Agreement. In addition to other provisions of these Terms of Use, this Article 15-2 shall apply to the Self-serve Service. In case of any inconsistency between other provisions under these Terms of Use and this Article 15-2, this Article 15-2 shall prevail.
  2. Please check the relevant service page on our website, where detailed information regarding the contents of the Self-serve Service (the “Service Plan”), including types of data, methods of delivery, frequency of update, fees for the Service, term of agreement and payment method and period, is provided.
  3. Fuller may change the Service Plan without prior notice to the Users. Therefore, please be sure to check the latest version of the Service Plan posted on the relevant service page of our website when the User uses the Self-serve Service. If the User uses the Self-serve Service after any change to the Service Plan, the User shall be deemed to have accepted the change to the Service Plan.
  4. The User may use the Data by any of the following methods and only for the purpose of the Internal Use. In these Terms of Use, the “Internal Use” shall mean any use of the Data only among the officers and the employees of companies or organizations that the User belongs to:
    1. reproduction and storage (reproduced data shall be handled in the same manner as the Data);
    2. analysis and processing (analyzed and processed data shall be handled in the same manner as the Data); and
    3. screenings and exhibitions
  5. The User shall pay to Fuller an amount specified in the Service Plan as fees (the “Fees”) for the use of the Self-serve Service in accordance with the terms and conditions set forth in the Service Plan.
  6. The User may terminate the Data Use Agreement via the designated procedures, and the Data Use Agreement shall terminate upon the completion of such procedures. Notwithstanding the termination of the Data Use Agreement by the User, Fuller will not refund any Fees that the User has already paid to Fuller in accordance with the Agreement.

Article 16(Prohibited Acts)

  1. When using the Service, the User shall be prohibited from the following acts:
    1. an act that violates, promotes the violation of, or is likely to violate or promote the violation of laws and regulations;
    2. an act that infringes intellectual property rights, portrait rights, rights of privacy, privileges, reputation or any other rights or interests of Fuller, other Users or any other third-parties (including an act that causes an infringement of such rights or interest directly or indirectly);
    3. sending information containing computer viruses or any other harmful computer programs;
    4. sending unsolicited messages such as junk mails, spam emails, chain emails, promotion emails or advertisement emails;
    5. deliberately publishing or posting false information and data;
    6. using the Service to collect personal data;
    7. unauthorized access to the systems connected to the Service or any other act with respect to such systems that may cause damages to Fuller;
    8. crawling for the purpose of collecting data provided by the Service;
    9. masquerading the User as another (spooling attack);
    10. an act that Fuller deems impeding or likely to impede the operation of the Service; and
    11. any other act that Fuller deems inappropriate.
  2. If Fuller determines that any action by the User falls or is likely to fall into any of the acts listed in the preceding paragraph, Fuller may delete the User’s account for the Service. Fuller may claim damages incurred by Fuller from the User in accordance with the Civil Code of Japan and any other relevant laws. Upon request of Fuller, the User shall indemnify the Fuller for such damages.

Article 17 (Elimination of Anti-social Forces)

  1. The User represents and warrants to Fuller that:
    1. there is no member of criminal organizations such as organized crime groups, organizations involved in organized crime groups, etc. (the “Criminal Organizations”) within the organization that the User belongs to;
    2. any members of the Criminal Organizations are in essence not involved in the management of the organization that the User belongs to;
    3. neither the User nor the organization that the User belongs to cooperates or engages in the maintenance and operation of the Criminal Organizations, including provision of funds and any other facilities; and
    4. neither the User nor the organization that the User belongs to has socially condemnable relations with the Criminal Organizations.
  2. The User covenants to Fuller that the User shall not, or shall cause a third party not to commit the following acts:
    1. threatening behavior or acts of violence;
    2. unreasonable requests beyond its legal entitlement;
    3. an act to defame the reputation by spreading rumors, using fraudulent means or resorting to force;
    4. an act to interfere with the business of Fuller; and
    5. other acts comparable to the acts as listed above.
  3. If the User breaches any of the preceding two paragraphs, Fuller may delete the User’s account for the Service without any notice to the User.
  4. If Fuller deletes the User’s account for the Service pursuant to the preceding paragraph, Fuller shall bear no responsibility for any damages incurred by the User.

Article 18 (Unsubscription of Service)

  1. The User may unsubscribe the Service by completing the designated procedures. The User may not use the Service after the unsubscription of the Service.
  2. Unsubscription of the Service will not release the User from its duties and obligations (including but not limited to indemnity obligations) against Fuller or third-parties under the Agreement.
  3. Fuller has the right to retain and use the registered information and analysis data with regard to the User even after the User has unsubscribed the Service.
  4. After the unsubscription of the Service by the User, Fuller may delete the User’s account for the Service at its discretion.
  5. If the User wishes to use the Service again after unsubscription of the Service, the User shall complete re-registration procedures. The User acknowledges and agrees that any data possessed by Fuller before the unsubscription will not be migrated to the Service after the re-registration procedures.

Article 19(Service Restrictions and Account Deletion)

  1. Upon the occurrence of any of the following events, Fuller may, at its discretion, restrict all or part of the functions of the Service without prior notice until such event is remedied (the “Service Restriction”):
    1. in the case where the User breaches these Terms of Use;
    2. in the case where Fuller determines that it is necessary for the administration, maintenance, and management of the Service; or
    3. in the case where Fuller determines that there exists any other event similar to the events listed in the preceding paragraphs. .. Fuller may discharge the Service Restriction if Fuller determines at its discretion that such event has been remedied.
  2. The User shall not be released from its duties and obligations, including but not limited to indemnity obligations and payment obligations of the fees for the paid Service (including the Self-serve Service), against Fuller or any third-parties under the Agreement even during the period that the Service Restriction remains effective.
  3. If the User’s access to the Service is under the Service Restriction due to the occurrence of any of the events described in paragraph 1 above and such an event is not cured within the period specified in the notice delivered by Fuller to the User, Fuller may immediately delete the account of the User for the Service.
  4. Notwithstanding the preceding paragraph, if any of the events listed in paragraph 1 occurs and Fuller determines that it will interfere with the business of Fuller, Fuller may immediately delete the account of the User for the Service.
  5. Deletion of the account of the User for the Service will not release the User from its duties and obligations (including but not limited to indemnity obligations) against Fuller or third-parties under the Agreement. Fuller will not refund any Fees that the User has already paid to Fuller in accordance with the Agreement even after the deletion of the account of the User for the Service.
  6. Fuller has the right to retain and use the registered information and analysis data with regard to the User even after the account of the User for the Service is deleted.
  7. In no event shall Fuller bear any responsibility for any damages, losses, costs or liabilities incurred by the User arising from the Service Restriction or the deletion of the account pursuant to paragraphs 1, 3 and 4.

Article 20(No Assignment)

The User may not assign, create a security interest over or otherwise dispose of its rights and obligations and contractual positions under the Agreement in whole or in part.

Article 21 (Disclaimer)

In the event that the provision of the Service is suspended, discontinued, delayed or becomes impossible due to a natural disaster or other force majeure event, public needs, restrictions under laws and regulations, problems with operating systems, middleware, browsers, or the like, failure of telephone lines, spread of infectious disease, suspension of the intracompany network of the User or any other service of any third-party that is a prerequisite for the provision of the Service, or other events not attributable to Fuller (collectively, the “Force Majeure Events”), Fuller shall bear no responsibility for any damages, losses, costs or liabilities incurred by the User arising from the Force Majeure Events.

Article 22 (Language)

In the case that these Terms of Use are translated into any language other than Japanese, the User agrees that Fuller provides the translated version solely for the User’s convenience and that only the Japanese version shall govern the relationship between the User and Fuller. In the case of any discrepancy or inconsistency between the Japanese version and the translated version, the Japanese version shall prevail.

Article 23 (Jurisdiction and Governing Law.)

  1. In the case of any dispute between the User and Fuller arising out of or in connection with these Terms and Conditions or the Agreement, the parties shall discuss and consult in good faith with each other.
  2. The Tokyo District Court or the Tokyo Summary Court shall serve as the exclusive jurisdiction court in the first instance in regard to any disputes arising out of or in connection with these Terms and Conditions or the Agreement.
  3. The law governing these Terms of Use and the Agreement shall be the laws of Japan.

Article 24 (Inquiries)

For any inquiries regarding these Terms of Use, please contact the address below.

Fuller, Inc. Customer Support Representative, Kashiwanoha Campus 148-2, Wakashiba 178-4, Kashiwa City, Chiba Prefecture, 277-0871 Japan E-mail: service@appa.pe

Supplementary Provision

The Terms of Use will be enforced from 14 November 2014

  • Established 14 November 2014
  • Revised 3 March 2015
  • Revised 17 September 2015
  • Revised 18 September 2016
  • Revised 15 November 2016
  • Revised 20 November 2017
  • Revised 4 December 2017
  • Revised 9 July 2018