Application software
“VIVIBUDS” Terms of Service
cocone ONE corporation and its wholly-owned Subsidiary Companies (hereinafter referred to as “Cocone Group”) sets forth the relationship of rights and duties between Cocone Group and you in regards to the use of the software application “VIVIBUDS” (hereinafter referred to as “the Application”) within this Terms of Service agreement (hereinafter referred to as “the Terms”).
The Terms represent a binding agreement between you and Cocone Group regarding your use of the Application.
Cocone Group grants permission for use of the Application only to those customers who have carefully read and consented to the Terms in their entirety.
A. Introduction
1) Consent to the Terms
The purpose of these Terms is to stipulate the rights and duties between Cocone Group and you regarding the use of the Application, and therefore applies to the relationship between Cocone Group and you.
Regulations that are stipulated and shared by Cocone Group, including the Cocone Global Privacy Policy, constitute a part of the Terms, and you are only to use the Application after giving prior consent to the Terms If you do not agree to the Terms and Provisions, you will not be allowed to use the Application and must cease doing so immediately.
Any continued use of the Application will be viewed as having agreed to the Terms.
2) Minors
This application is not intended for use by persons under 13 years of age.
If you are legally underage, please use the Application with the consent of a legal guardian (parental authority, etc.).
The same applies to those who do not have the ability to perform legal acts independently (hereinafter, ‘Minors’).
If you are underage, you cannot use the Application without the consent of a legal guardian.
If you are using the Application without the consent of a legal guardian, you will not be allowed to use the Application and must cease doing so immediately.
Continued use of the Application by a Minor will be viewed as a legal guardian or parental authority having agreed to the Terms.
3) Application of the Terms
Even if it is determined that a portion of the Terms is invalid in accordance with the law, other provisions of these Terms shall remain valid. In addition, even if all or part of this agreement is invalidated or canceled in regards to a specific customer, this agreement will still be determined to be valid in regards to other customers.
4) Changes to the Terms
Cocone Group reserves the right to make changes to the Terms at any time without the consent of the customer..
・If the changes to the Terms are in accordance with the general interest of the customer.
・If the changes to the Terms do not violate the purpose of the agreement and are reasonable in light of the necessity of the change.
We will notify you in the “Notifications” section within the Application after making changes to the Terms.
Included in the Notice may be information regarding changes, reasons for any changes, content of the changes made to the Terms, and subsequently when the changes go into effect.
If the customer continues to use the Application without expressing any refusal to abide by the changes to the Terms 7 days after such changes are announced, they will be viewed as having agreed to the updated Terms
B. Ownership of Copyrights and Other Rights
（1）All rights, including but not limited to intellectual property rights and copyrights, related to the Application belong to Cocone Group or third parties holding legitimate authority.
（2）Cocone Group provides items, including but not limited to avatars(character), avatar outfits, decorations, and other items contained within the Application (hereinafter, "Customer Content").
Cocone Group lends Customer Content to customers of the Application for use exclusively within the Application.
Furthermore, even if customers create combinations of Customer Content, such as avatar outfit coordinations, decorations, or similar works, the ownership of all rights, including but not limited to copyrights for all individual Customer Content and their combinations shall remain with Cocone Group or third parties holding legitimate authority.
By using the Application, customers are viewed tohave agreed to and shall comply with the Terms.
（3）Customers are prohibited from using the Application in any form beyond its intended configuration.
Any act that infringes upon the rights of Cocone Group, including but not limited to copying, editing, modifying, analyzing, publishing, broadcasting, exhibiting, distributing, transferring, renting, translating, adapting, transmitting, reprinting, recording, sub-licensing, the registration of or the application for rights in relation to all or any part of the Application without Cocone Group’s explicit consent, is strictly prohibited.
（4）The Application includes a feature that allows customers to exchange Customer Content with each other.
The Customer Content available for exchange on the Application continues to belong to Cocone Group or third parties holding legitimate authority, and such exchanges do not grant any additional rights, including but not limited to ownership, to the customers involved.
Cocone Group shall not be responsible for, nor will Cocone Group be involved in any actions related to the exchange of Customer Content that occurs outside of the specific parameters within the Application as provided for by Cocone Group.
C. Customer Responsibilities
（1）You agree to use the Application at your own risk and shall take full responsibility for all actions, consequences, and damages connected with using the Application.
（2）Customers shall use the Application of their own free will (in the case of Minors, after having been granted express consent by a legal guardian or parental authority).
In the case of violations of the rights of third parties (including businesses and other organizations) or in the case of disputes, the problem must be resolved at the customer’s own risk and expense.
Cocone Group does not take responsibility.
（3）The following cases are considered infringement on the rights of other customers:
・Defamation of others
・Slander, or insults directed at others
・Infringement on the privacy of others (example: disclosure of information that can identify
an individual, such as names, addresses, telephone numbers, schools, or organizations)
・Infringement of another person’s copyrights, trademark rights, likeness, etc.
D. Prohibited Matters
When using the Application, customers are strictly prohibited from engaging in any of the following activities:
（1）Using the Application in any manner that is not expressly approved of by Cocone Group.
（2）Displaying information, content, or video clips on the Application including any of the following items:
a. Material that infringes on third-party rights, such as copyrights, trademarks, privacy, likenesses,
or similar rights, including posts made with the intention of infringing upon these rights.
b. Material that discloses personally identifiable information of a third party (including,
but not limited to, names, nicknames, email addresses, physical addresses, phone numbers,
or affiliation with schools or organizations.)
c. Material that violates applicable laws or is deemed pornographic, sexually explicit or obscene.
d. Violent or otherwise grotesque imagery that is deemed offensive or disturbing to customers.
e. Content that induces and promotes violence, cruelty, or crime towards or among children and
adolescents and that hinders or undermines their development.
f. Content that violates laws and regulations, public order, or moral standards.
g. Expressions promoting or leading to discrimination based on race, nationality, creed, gender,
gender expression, social status, or similar characteristics.
h. Any expressions that induce or encourage suicide, self-harm, substance abuse, or illegal drug use.
i. Inappropriate expressions such as slander, complaints, or discriminatory remarks against
Cocone Group or any specific company, corporation, group, region, or individual.
j. Spam messages, including repeatedly posting the same or similar content and displaying such
messages on the Application
k. Attempts to connect or engage in interactions with others through the Application for improper,
unethical, or unsuitable purposes.
l. Content that benefits anti-social forces or engages in any form of cooperation with such groups.
m. Any other content that Cocone Group considers inappropriate in light of the Terms.
（3）Guiding or soliciting customers towards other companies’ applications or services for profit or purposes not permitted by Cocone Group.
（4）Modifying, disassembling, decompiling, or reverse engineering the Application..
（5）Using emulators,attempting to modify, unofficial software, non-genuine software, or application mods.
（6）Exploiting or spreading defects of the Application for novelty purposes or intentionally triggering such defects.
（7）Use of the Application for commercial purposes or profit making rather than for personal enjoyment.
（8）Engaging in acts that violate the copyright, trademark, privacy, likeness, honor, or other rights of Cocone Group or any third party.
（9）Exchanging the Application’s usage rights with cash or cash equivalents, other economic benefits, or the usage rights of other customers in any manner not permitted by Cocone Group.
（10）Engaging in acts that violate laws, public order, or morals or breach the Terms.
（11）Any other actions that Cocone Group considers inappropriate in connection with the operation of the Application.
E. Disclaimers
（1）Cocone Group does not guarantee the accuracy, validity, applicability, usefulness and operation of the Application, including any other matters.
In the event that the customer suffers any problem relating to the Application, Cocone Group will not be liable for any damage caused to the customer or to any third parties to the, excluding cases where the damage is deemed intentional or due to gross negligence on the part of Cocone Group.
（2）Cocone Group may change or discontinue all or part of the services provided on the Application at Cocone Group’s discretion or the discretion of a third party with legitimate rights without prior notice to the customer.
In this case, even if the customer suffers damages related to the Application, Cocone Group will not be liable for the damages.
F. Customer Obligations
（1）Customers should comply with the relevant laws and regulations relating to the Application (including the Foreign Exchange and Foreign Trade Act).
（2）In order to ensure that customers use the Application without any problem, Cocone Group may view Customer Content and customer posts to the Application (including video posts, fusions, comments, community posts, profile information, etc.) in order to ensure compliance with relevant laws and regulations.
However, Cocone Group is not obligated to confirm the status of your compliance with the Terms.
（3）Customers are held liable for compensation regarding any damage caused to Cocone Group or a third party as a result of violation of the Terms.
（4） If Cocone Group finds that the customer is in violation of the Terms, Cocone Group may take appropriate measures to correct the violation without serving any prior notice.
Appropriate corrective actions include, but are not limited to:
・Caution, warning, notification to authorities, etc.
・Rejecting content the offending customer is trying to create, or removing (hiding)
the offending posts from the view of other customers
・Deletion (or suspension) of any or all of the offending customer’s content.
・Suspension or closing of the account.
・Restriction, suspension or deprivation of all or part of rights of use
・Restriction or withdrawal of all or part of currency in the app
・Ranking change
In addition, all or part of the customer’s right to use the Application may be lost, the offending customer shall have no ability to voice any form of objection to said measures, and Cocone Group will not be liable for any damages suffered by the offending customer.
Also, if a customer account is deleted, the customer will lose all rights to use the Application and they will not be able to recover their account.
（5）If more than one year has passed since a customer’s last access to the Application, Cocone Group may, at its discretion, take any action it deems appropriate against the concerned customer, including deletion (or suspension of publication) of part or all of the Customer Content, customer posts, deletion or suspension of customer accounts and other actions.
Cocone Group may take any measures it deems appropriate.
Cocone Group shall not be liable for any damages incurred by you or any third party as a result of such measures.
G. Prohibition of Transfer of Rights and Obligations
The customer must not assign or pledge their position as a customer and any rights and obligations based on that position to a third party unless Cocone Group has given consent to do so.
H. In-App Currency
（1）Customers can purchase in-app currency that can be used within the Application.
The purchase unit price of the in-app currency is decided by Cocone Group and can be changed without prior notice to the customer.
（2）Cocone Group may grant in-app currency to customers at no cost due to campaigns.
If there are paid in-app currencies and free in-app currencies, the free in-app currencies will be consumed first.
（3）Customers must not exchange in-app currencies with others, or exchange cash or other economic benefits.
（4）In-app currencies cannot be refunded for any reason.
However, this does not apply if the refund is legally required.
（5）If more than a year has passed since a customer’s last login, Cocone Group reserves the right to invalidate any remaining in-app currency without the consent of the customer.
I. Linking IDs with External Services
（1）By linking IDs with external services such as (but not limited to) Apple and Google, customers can use account settings and other data from such external services in the Application.
（2）ID linking uses an API (Application Programming Interface) provided by the external service.
Therefore, depending on the status of the external service or API, failures or errors may occur in the Application.
（3）Customers are responsible for linking their IDs with external services, and Cocone Group does not guarantee the accuracy, usefulness, safety, etc. of external services.
In addition, Cocone Group shall not be liable for any damages incurred by customers or other third parties arising from the use of external services, except in the case of willful misconduct or gross negligence on the part of Cocone Group.
（4）Use of external services is subject to the terms, privacy policy, and other provisions and conditions stipulated by the external service.
Cocone Group cannot respond to inquiries, complaints, etc. regarding the operation status, usage, etc. of external services.
Customers should directly contact Cocone Group or other organization that operates the external service.
J. Privacy
（1）Cocone Group respects your privacy.
（2）Cocone Group obtains the information listed below (hereinafter, ‘Customer Information’) for the following purposes:
・Account name (including if the customer’s real name is used) and other profile information
(e.g. setup message). Purpose: smooth operation of the Application.
・E-mail address. Purpose: To provide customers with the ability to transfer app account information
and use the same account on multiple devices (multi-device function); to conduct surveys
and campaigns within the Application, including drawing lots, sending products, and responding to
customer inquiries; to measure customer traffic and behavior within the app; and to distribute and
display advertisements within the app to customers and measure the effectiveness of advertisements
・Date of birth. Purpose: facilitate smooth communication between customers and Cocone Group and
for the purpose of statistics collection and analysis, including by conducting customer questionnaires.
・Name, Addresses, Phone Numbers, Gender Identification. Purpose: statistics collection and analysis
based on survey of customers, for the purpose of drawing lots and shipping products gained through
campaigns within the Application, etc.
・Devicetype, OS information, user agent. Purpose: facilitating customer inquiry response, to improve
services within the Application, and prevent fraudulent activities, including prevention of fraudulent
identity verification and proper service provision.
・Service usage information (cookies, access logs, such as IP address, browser types, browser
languages, advertising identifiers, Google Advertising ID, etc).:
- Cookies. Purpose: Improving customer convenience such as saving customer settings,
maintaining and protecting sessions, and improving service by analyzing the number of visits and
usage of applications used by customers.
- Access log (IP address, browser type, browser language, etc.). Purpose: analyzing customer
environments and improving app service, and purpose of preventing fraudulent activities that
interfere with proper service provision.
- Location information. Purpose: providing customers with communication functions between
customers using location information.
- Ad Identifier. Purpose: measuring customer traffic and behavior, and distributing advertisements,
displaying and measuring advertising effectiveness to customers.
（3）Cocone Group handles your private information appropriately in accordance with the Cocone Global Privacy Policy.
Cocone Group will do its best to safely manage the information obtained from our customers.
K. Regulations
In addition to the Terms and the Cocone Global Privacy Policy, Cocone Group may establish and publish any additional policies, regulations, and rules when providing services.
Added regulations will be applied to customers who use the Application from the time of announcement.
If some or all of the provisions are found to be invalid, illegal, or unenforceable, only those parts that are deemed invalid, illegal, or unenforceable will be invalidated.
L. Governing Law
Japanese law shall apply to the establishment, effect, performance, and resolution of the Terms.
M. Court of Jurisdiction
In the case of filing a lawsuit related to any dispute concerning the Terms, the Tokyo District Court shall be the exclusive jurisdiction court of the first instance.
N. Regulations Applicable to Residents of Japan
The Terms described in “Indication Based on the Specified Commercial Transactions Act” and “Indication Based on thePayment Services Act” apply to prepaid means of payment in the Application.
Other content purchased from prepaid means of payment purchased within the Application is not considered as a prepaid means of payment, as the goods and services related to them are considered to have been provided upon acquisition.
Each representation is made in accordance with the laws of Japan and is applicable only in Japan.
Established on April 17, 2025