VortAR — Terms of Service

1. Purpose of these Terms

These Terms set out the conditions for using the location-based social app “VortAR” (the “Service”) provided by T Experience LLC (Tエクスペリエンス合同会社; “we”, “us”; company details are in Article 13). Anyone who uses the Service (a “User”) is deemed to have agreed to these Terms.

2. Application of and consent to these Terms

These Terms apply to all relationships between us and Users concerning the use of the Service.

• Users begin using the Service after agreeing, on the consent screen shown when the app is first used, to three things: these Terms, the Privacy Policy, and being 18 or older.
• We record the fact of consent (the date and time and the version of the Terms agreed to).
• The consent screen in the app shows the key points of these Terms and a link to this page. The full text is published on this page.

3. The Service, changes and interruptions

The Service is a matching/social service for people seeking to meet other men (including gay and bisexual men, transgender men, and non-binary people). It may not be used to look for a partner of the opposite sex. You can look for connections beyond the people near you, and some features use location information. We do not ask what you call your sexual orientation or about your current relationships (such as whether you have a partner).

3-1. Changes We may change or add to all or part of the Service. Changes to the features of paid ranks are governed by 7-7.

3-2. Interruptions We may temporarily suspend all or part of the Service without prior notice to Users in any of the following cases. We will announce planned maintenance in the app in advance whenever possible.

1. When maintenance, inspection or updates must be carried out urgently
2. When a failure of systems or communication lines, or a power outage, occurs
3. When a force majeure event under Article 9-3 occurs
4. When there is an urgent need to respond to unauthorized access, vulnerabilities, data breaches or the like
5. When based on laws or on orders or requests from public authorities
6. Any other case where it is unavoidable for operational reasons

3-3. Termination We may end all or part of the Service. If we end the whole Service, we will announce it in the app and on our website, and also notify your registered email address, at least 30 days before the end date (or at least 3 months before, if anyone still has a prepaid paid period remaining). However, we may shorten this period where there are unavoidable reasons such as force majeure under Article 9-3. How paid periods are handled at the end is governed by 7-8, and the minimum period for Founding Members is governed by 7-5.

3-4. With respect to changes, interruptions and termination under this Article, we are liable only where we are at fault (intentionally or negligently), and only within the scope of Article 9-2.

4. Accounts

• The Service is for people aged 18 or older. Anyone under 18 may not use the Service.
• Entering your date of birth is required at registration, and an account cannot be created if you are determined to be under 18. If we find that someone under 18 has registered, we will delete the account and related data.
• Users must not enter false information when registering. Note that the Service also has features for blurring or hiding information you don’t want others to know.
• Only one account per person may be created. However, the Service has a feature that lets you appear across space and time within the app.
• Users are responsible for managing their own account information (email address, password, etc.). It may not be lent, transferred or shared with any third party.
• We are not liable for damage to Users caused by inadequate management of the registered email address, password or verification codes, or by their use by a third party, except where we are at fault (intentionally or negligently). If you think your account may have been used by a third party, contact us immediately at ops@vortar.jp.
• Users represent and warrant that they are not an organized crime group (boryokudan), a member of one, a person for whom 5 years have not passed since ceasing to be a member, a quasi-member, a company related to an organized crime group, a corporate racketeer (sokaiya) or the like, a person engaging in criminal activities under the pretext of social movements, a specialized intellectual crime group, or any other person equivalent to these (collectively, “Antisocial Forces”), and that they have no relationship with Antisocial Forces. If we reasonably judge that a User is in breach of this, we may suspend or delete the account without prior notice, and in that case no refund will be made.

For our policy on child safety, see our Child Safety Standards.

5. Prohibited conduct

When using the Service, Users must not do any of the following.

5-1. Conduct toward other Users

• Defaming, threatening or harassing other users
• Fraud or requests for money
• Sending obscene images or videos without consent
• Inappropriate contact with minors
• Impersonating other Users, or obtaining or disclosing other people’s personal information without permission
• Publishing other Users’ location, photos or conversations outside the Service, or providing them to third parties, without their consent
• Recording, filming or capturing calls (voice or video) without the other person’s consent (including screenshots and filming with another device)
• Revealing to third parties, without the person’s consent, another User’s sexual orientation, gender identity or sexual health information, or the fact that they use the Service (outing)
• Stalking, lying in wait, turning up uninvited at someone’s home, workplace or similar places, or continuing to contact someone after they have said no
• Voyeuristic filming, sexual filming without the other person’s consent, or sending or publishing such recordings
• Buying, selling or handing over illegal drugs or dangerous drugs, or encouraging their use
• Soliciting prostitution, or seeking sexual relationships in exchange for money or other consideration

5-2. Conduct concerning use of the Service

• Use for sales or solicitation purposes
• Seeking partners for relationships with the opposite sex, or looking for people who would accept such invitations
• Conduct that violates laws or public order and morals
• Interfering with the operation of the Service, unauthorized access, reverse engineering, or mass access using automated tools
• Faking your location (GPS spoofing, etc.)
• Any other conduct we reasonably judge to be inappropriate

5-3. Messages to people who have blocked you, etc.

• Messages, Sparks and Ignites sent to someone you are blocked by, or to someone whose settings do not accept Signals, may not reach them even if shown as sent. In such cases, uses and purchased slots are not returned.

5-2. Users’ liability for violations

1. Users are responsible for their own conduct in connection with use of the Service (including content they post).
2. If a User violates these Terms, or causes damage to us intentionally or negligently, that User shall compensate us for the damage we suffer (including reasonable attorneys’ fees).
3. If a claim or dispute arises between us and another User or any other third party in connection with a User’s conduct, that User shall resolve it at their own responsibility and expense, and shall bear the costs we incur in dealing with it (including reasonable attorneys’ fees) and any compensation we pay. However, this excludes any portion attributable to reasons for which we are responsible.

6. Handling of content

• Copyright in content you post belongs to you.
• Users grant us permission to use their posted content free of charge (including having our contractors use it) to the extent necessary to provide, operate and improve the Service and to prevent misuse (including resizing for display, copying, backup and review). To that extent, Users shall not exercise moral rights of authorship against us or our contractors. We will not use posted content to advertise or promote the Service without the User’s consent.
• We may remove inappropriate content without notice.
• We review reported content and, where necessary, take action such as removal, warnings or account suspension.
• As a rule, we review reported content within 24 hours.
• Depending on the severity and number of violations, action may be taken in stages: a warning, suspension of some features for a set period, then account suspension.
• Users warrant that they hold the necessary rights to the content they post and that, for photos and videos showing third parties, they have obtained those people’s consent.
• We have no obligation to monitor Users’ content or conduct at all times. However, we review reported content as set out in this Article.
• Copyrights, trademark rights and other intellectual property rights in the Service (the app, website, names, logos, designs, etc.) belong to us or to their rightful owners.

6-2. Registering venues and communities

1. Users who register a venue or community (including co-mamas; “Venue Operators”) are themselves responsible for the accuracy of the information they register and for complying with the laws that apply to running the venue or community. We do not guarantee the accuracy of venue or community information, that the business actually operates, or safety there.
2. Venue Operators must not use information about Users that they learn through the Service (such as being registered as a regular, visit records, profile contents and the Founding Member badge) for any purpose other than running the venue within the Service, nor disclose it to third parties. This continues to apply after they stop being a Venue Operator.
3. If a Venue Operator violates this Article, we may cancel the venue’s registration or suspend the account, and may claim compensation for damages under Article 5-2.

7. Paid plans and subscriptions

The Service has a free tier and paid ranks (plans). There are five ranks, as follows. Amounts are the prices shown in the app; the actual amount charged, currency and tax treatment follow the display of the app store that processes the payment.

• VortAR Free — Free
• VortAR Aurora — ¥690 per month / ¥1,700 for 3 months (about 18% off) / ¥5,500 per year (about 34% off)
• VortAR Star — ¥1,280 per month / ¥3,200 for 3 months (about 17% off) / ¥9,800 per year (about 36% off)
• VortAR Galaxy — ¥1,980 per month / ¥4,900 for 3 months (about 18% off) / ¥15,800 per year (about 34% off)
• VortAR Universe — ¥2,980 per month / ¥7,400 for 3 months (about 17% off) / ¥23,800 per year (about 33% off)

Discount rates compare with paying the monthly price of the same rank for 3 or 12 months. In addition, there is “Founding Member” (a one-time payment), which lets the first 100 people use a rank equivalent to Galaxy for as long as the Service is provided (7-5).

7-1. Payment and billing platform

• Paid plans and individual purchases are provided through RevenueCat and payments are processed by the billing system of the app store you got the app from (Google Play or App Store).
• Purchases, renewals, cancellations and refunds are governed, for purchases on Google Play, by Google Play’s billing terms and refund policy, and for purchases on the App Store, by Apple’s App Store Terms of Service.

7-2. Automatic renewal and cancellation

• Subscriptions renew automatically at the end of each period unless cancelled. The 3-month plan is paid 3 months in advance and the annual plan 1 year in advance; unless cancelled, they renew automatically every 3 months and every year respectively.
• Cancel from the account settings of the app store you purchased from (Google Play “Subscriptions”, or on iPhone [Settings] → [your name] → [Subscriptions]). Uninstalling the app does not cancel your subscription.
• After cancelling, you can use the paid plan until the end of the period you have already paid for.
• Cancelling a 3-month or annual plan midway does not give a prorated refund for the remaining period (refunds follow the app store’s rules as described in 7-6).
• Deleting your account does not cancel your store subscription.

7-3. Introductory prices and campaigns

• For annual plans, we may offer an introductory (discounted) price that applies only to your first subscription period. The introductory price applies only to the first subscription period; later automatic renewals are charged at the regular annual price. Setting and applying introductory prices depend on the app store’s features.
• If we run other campaigns, the conditions, eligibility and period will be shown in the app each time. A campaign ends when a set number of people is reached or on a set date, whichever comes first.
• Campaigns do not change the conditions of a period you have already paid for to your disadvantage.

7-4. Free grants by us

• For testing, as an apology for a defect, or for other operational reasons, we may grant a paid rank free of charge for a set period. In that case, the grant ends when the period expires and does not automatically turn into a paid subscription.

7-5. Founding Member (lifetime plan)

• We sell “Founding Member” to the first 100 people only: for a one-time payment (¥39,800), it lets you use a rank equivalent to VortAR Galaxy for as long as the Service is provided. Sales end when that number is reached; there will be no extension by date, additional sales or discounts.
• “Lifetime” means for as long as the Service is provided. We will provide the Service for at least 3 years from the date you purchased Founding Member. However, we may end it before then where there are reasons for which we are not responsible, such as the enactment, amendment or repeal of laws, orders from public authorities, the app being removed from an app store, or force majeure under Article 9-3. If we end the Service, we will announce it in the app or on our website at least 3 months before the end date. How this is handled when the Service ends is governed by 7-8.
• Founding Member is tied to the purchaser’s own account and cannot be transferred, lent, bought or sold to or from other accounts or third parties.
• It cannot be cancelled or refunded after purchase (refunds follow the app store’s rules). No refund is made when the Service ends, either (7-8). On the purchase screen, you will be asked to agree to this before you buy. However, this does not prevent cancellation where we cannot provide the content of Founding Member for reasons for which we are responsible, or any other cancellation based on law. No refund is made if we suspend or delete the account for a violation under Article 8.
• If we revise our ranks and a rank equivalent to VortAR Galaxy no longer exists, Founding Members will receive the paid rank closest to Galaxy as of the revision.
• Founding Members show a Founding Member badge and their purchase number (#1–#100) on their profile. Each can be hidden in settings. We never publish a list of Founding Members. The badge and number are different from marks of trust such as ID verification or recommendations, and do not affect the Trust Score.

7-6. Refunds

• We are not a party to the payment, so whether a refund is possible and how to request it follow the rules of the app store you purchased from. If you bought on Google Play, apply to Google Play under its refund policy; if you bought on the App Store, apply to Apple under its rules (“Report a Problem” reportaproblem.apple.com). However, if you could not use paid features for a considerable period for reasons for which we are responsible, we will respond by granting a paid rank free of charge for an equivalent period or by other appropriate means, and any remaining damage is governed by Article 9-2.
• When you delete your account, we do not refund unused paid periods or unused items.

7-7. Individual purchases (consumable items)

Separately from subscriptions, we offer the following individual items. As a rule, they cannot be cancelled after purchase (refunds follow the rules of the app store you purchased from, as in 7-6).

• Nickname change ticket — ¥500
• One extra Spark — ¥120
• Pack of 5 Sparks — ¥500
• One extra Step Signal revival slot — ¥150
• Withdraw an approval — ¥200 (charged on the Free plan only; free on Aurora and above)
• Call extension (15 minutes × 3) — ¥150
• One extra call — ¥150
• Pack of 10 translations — ¥150 (plans other than VortAR Universe; usable after the month’s translations are used up, and kept until used)

In addition, we sell individual items whose prices are shown in the app, such as Warp highlighting, extra meet-up proposal slots, Secret Filter retakes and opens, and extra Ignite slots. Prices follow the display in the app.

We may change the structure, prices and features of plans. Price changes do not apply to periods you have already paid for. We change features where necessary for security, legal compliance, fixing defects or other needs; if a change would be significantly disadvantageous to people in a paid period, we will announce it in the app at least 30 days before it takes effect and take appropriate measures such as granting a paid rank free of charge.

7-8. End of the Service and paid periods

1. If we end the whole Service, we will announce it with the notice period set out in 3-3.
2. Even if a paid period remains at the time the Service ends, fees you have paid (including for 3-month plans, annual plans and the Founding Member purchase price) will not be refunded. Refunds through an app store are handled under that app store’s rules.
3. Ending some features of the Service is governed by 7-7.

8. Account suspension, deletion and leaving

8-1. Suspension of accounts by us

• If a violation of the prohibited conduct is confirmed, we will suspend the account without notice.
• If there is a risk of a violation of the prohibited conduct and we reasonably judge that there is an urgent need to protect the life, body or property of other Users or third parties, we may temporarily suspend the account, restrict some features, or hide content even before the violation is confirmed. If our review finds no violation, we will promptly lift the measures.
• If a member whose use we have suspended tries to register again, depending on the violation we may refuse re-registration, or require the purchase of a paid plan we specify as a condition of starting to use the Service.
• Even if paid plans become unavailable because of a suspension, we do not refund anything. However, if it turns out that the action was taken in error on our part, we will make up for it by granting a paid rank free of charge for a period equivalent to the action or by other appropriate means.
• If you believe a warning, temporary suspension, suspension or other action was taken in error, contact within 14 days of the action at ops@vortar.jp (subject: “Appeal”). We will reply within 7 days of receipt.

8-2. Leaving by the User (account deletion)

• Users can request deletion of their account at any time from [My Page] → [⚙️ Settings] → [Delete account & data] in the app.
• Instead of leaving (deleting the account), there is also a feature to pause use of the Service temporarily while keeping data such as your profile.
• After a deletion request, there is a 30-day grace period. During it, you can cancel the request from the same screen and restore your account.
• After the grace period, the account, including profile, photos and location information, is deleted by our daily batch process.
• Instead of the whole account, you can also request deletion of only some data (photos, location history, messages, etc.).
• Of messages exchanged with other Users through Signal and similar features, those kept on the other person’s side are not deleted.

For the deletion steps and details of what is deleted, see About account deletion.

9. Disclaimers

1. The Service provides a place for Users to meet and interact. We are not a party to interactions, arrangements, transactions or in-person meetings between Users, and any trouble arising between Users (money lending, personal relationships, accidents when meeting in person, etc.) is to be resolved between the parties concerned. We are not liable for damage caused by such trouble, except where we are at fault (intentionally or negligently).
2. Displays such as ID verification, phone number verification, the Trust Score, recommendations and the Founding Member badge do not mean that we guarantee the other person’s identity, character, safety, health (including STI status), absence of a criminal record, or the like. ID verification only shows that the submitted document and selfie were matched at the time of review.
3. Profile contents (including sexual health items) are self-reported by the User, and we do not check whether they are true.
4. When meeting in person, please take care of your own safety, for example by choosing a public place for the first meeting, telling someone you trust about your plans, not meeting if you feel uneasy, and calling 110 (police) or 119 (fire/ambulance) without hesitation if you feel in danger. Measures such as protection during sexual contact are also for you to decide.
5. Information we calculate, generate and display automatically, such as recommendations (Navigator), the Trust Score, translations and distance displays, is provided for Users’ reference. We do not guarantee its accuracy, compatibility with the other person, or the outcome of meetings. Translations are machine translations and may contain errors.
6. Features that use location information (distance display, Safe Zone, Stealth Mode, Warp, etc.) may not work as intended because of the device’s positioning, the network environment, OS restrictions and so on. For example, your location is not updated while the app is closed, and the location from the last time you used the app is used. Where you do not want your location known, please combine several measures, such as turning off the use of location information.
7. We take technically feasible measures, such as preventing screen recording during calls, but we cannot completely prevent recording by other Users, such as filming with another device. Damage caused by another User recording or reposting is the responsibility of the User who did so.
8. We endeavor to keep Users’ data (messages, photos, etc.) until the end of the set retention period, but it may be lost or damaged because of failures or other causes.
9. We do not guarantee that the Service is free from defects in fact or in law. The Service may not work properly depending on the network environment, device, positioning accuracy and so on.
10. Nothing in this Article exempts us from liability where we are at fault (intentionally or negligently). The scope of compensation in such cases is governed by Article 9-2.

9-2. Scope of compensation for damages

1. If we cause damage to a User through our non-performance of obligations or a tort, we will compensate for it in accordance with this Article.
2. If we act intentionally or with gross negligence, we will compensate the User for the damage incurred. In that case, the limits in the next paragraph do not apply.
3. Only where the damage is caused by our negligence (excluding gross negligence), the damage we compensate is limited to ordinary damage actually incurred by the User (including emotional distress), and we do not compensate lost profits or other damage arising from special circumstances. In addition, the amount of compensation is capped at the total amount the User paid as fees for the Service during the 1 month immediately before the date on which the event causing the damage occurred. If the User made no payment during that period, the cap is the price of 1 month of the cheapest paid plan (VortAR Aurora, ¥690 per month), or, for Founding Members, the monthly price of VortAR Galaxy (¥1,980).
4. The cap in the preceding paragraph applies to the aggregate of damage arising from the same cause.

9-3. Force majeure

We are not liable for damage to Users caused by a delay in, or failure of, the provision of the Service due to any of the following events (“Force Majeure”). However, this excludes cases where we are at fault (intentionally or negligently), including where, after a Force Majeure event occurs, we fail to take measures we should take to prevent the damage from spreading.

1. Earthquakes, tsunamis, typhoons, floods, volcanic eruptions, fires and other natural disasters
2. Epidemics of infectious diseases, war, civil war, terrorism and riots
3. Enactment, amendment or repeal of laws, and orders or dispositions of public authorities
4. Power outages and failures of telecommunications carriers’ lines
5. Failures, outages or specification changes, beyond our control, of external providers of cloud, payment, communication and other services we use to provide the Service (Google LLC, Apple Inc., RevenueCat, Inc., LiveKit, Inc., Twilio Inc., etc.)
6. Unauthorized access or cyberattacks by third parties (including floods of traffic that disrupt the Service) that occur despite our having taken reasonable security measures
7. Any other events for which we are not responsible

10. Handling of personal information

How we collect, use, provide to third parties, retain and delete personal information and location information in the Service is set out in the Privacy Policy. The Privacy Policy forms part of these Terms.

10-2. In the event of a data breach

1. If we learn of a leak, loss, damage or unauthorized access concerning Users’ information (including personal information and the contents of communications; the same applies below), including the risk of any of these (a “Breach”), we will promptly investigate the cause and prevent further damage, and will report to the Personal Information Protection Commission or the Minister of Internal Affairs and Communications as required by law.
2. If a Breach is likely to harm Users’ rights and interests, we will inform the affected Users, by a notice in the app, an email to the registered address, or an announcement on our website, of an outline of the Breach, the types of information involved, the cause, the risk of secondary harm, and the steps we would like Users to take (such as changing passwords).
3. To prevent a Breach from spreading, Users shall cooperate, at our request, by changing passwords, logging in again, updating the app, or taking other reasonable steps.
4. We are not liable for Breaches caused by any of the following. However, where we are at fault (intentionally or negligently), we are liable within the scope of Article 9-2.
   1. Inadequate management of passwords or verification codes by the User, loss or theft of the device, infection of the device with malware, or lending the device or account to a third party
   2. Information that the User made public inside or outside the Service, or disclosed to other Users, being saved, reposted or spread by those people or by third parties
   3. Screenshots, screen recordings, filming with another device or other recording by other Users (Article 9, paragraph 7)
   4. A third party obtaining information through unauthorized access or other criminal acts despite our having taken reasonable security measures
5. Where we are liable for a Breach, the scope of compensation is governed by Article 9-2.

10-3. Providing information in emergencies and reviewing reported conversations

1. If we reasonably judge that there is an imminent danger to the life, body or property of a User or a third party and that it is difficult to obtain the person’s consent, or if the police, a court or another public body makes a request based on law (including an order to disclose sender information), we may provide information about Users to that body to the extent necessary. We provide the contents of communications only under a warrant issued by a judge, or where unavoidable to avert an imminent danger to life or body.
2. When we receive a report, we save the conversation around the reported part and review its contents, to the extent set out in 3-1 of the Privacy Policy.

11. Governing law and jurisdiction

• These Terms are governed by the laws of Japan.
• Any dispute between us and a User concerning the Service or these Terms shall be subject to the exclusive jurisdiction, in the first instance, of the Utsunomiya District Court.

12. Changes to these Terms and inquiries

1. We may change these Terms without obtaining individual Users’ consent, under Article 548-4 of the Civil Code, in either of the following cases:
   1. When the change conforms to the general interests of Users
   2. When the change does not run counter to the purpose of these Terms and is reasonable in light of the necessity of the change, the appropriateness of the changed content, and other circumstances relating to the change
2. When we change these Terms under the preceding paragraph, we will set the effective date of the changed Terms and, by the effective date, make known that we are changing these Terms, the changed content and the effective date, by posting on this page and announcing in the app. Changes that are disadvantageous to Users will be made known at least 14 days before the effective date and also sent to the registered email address (except where there is an urgent need, such as responding to changes in law).
3. When we make a change that significantly affects Users’ rights and obligations, we may ask you in the app to agree to the changed Terms.
4. We keep past versions of these Terms and, at a User’s request, will show the content of the version that User agreed to.
5. For inquiries about these Terms, contact the address in Article 13 (Company information).

12-2. Notices, assignment and other provisions

1. Notices We give notices to Users by display in the app, email to the registered address, posting on our website, or other methods we consider appropriate. A notice sent to the registered email address is deemed to have arrived when it would normally have arrived.
2. Assignment of a User’s position Users may not, without our consent, assign, lend or pledge to a third party their position or rights and obligations under these Terms.
3. Business succession If we transfer the business relating to the Service to a third party, or have it succeeded by merger, company split or other means, we may pass on to the successor our position and rights and obligations under these Terms, and Users’ registration information and other information (including personal information), in accordance with law and the Privacy Policy, and Users agree to this in advance. We will announce it in the app or on our website before the handover (or promptly after it, where unavoidable).
4. Severability Even if any provision of these Terms, or any part of one, is held invalid or unenforceable under the Consumer Contract Act or other laws, the remaining provisions of these Terms, and the remaining part of any provision held partly invalid, continue in effect.
5. Language The Japanese version of these Terms is the official text. If there is any difference between it and the English or any other translation, the Japanese version prevails.
6. Survival Article 5-2, Article 6 (the parts concerning rights), Article 6-2, paragraph 2, Articles 9 to 9-3, Article 10-2, Article 11 and this Article remain in effect after an account is deleted or suspended.

13. Company information