Legal Information

Terms of Service

These Terms of Service set out the terms under which users may use the smartphone application Ember Gallery (the "App"/"Service") provided by Atomic Torches Collective (the "Service Provider"). Please use the Service only after agreeing to these Terms.

Article 1 (Consent to these Terms)

1. Users may use the Service only after agreeing to these Terms of Service.
2. A usage agreement between the user and the Service Provider, governed by the provisions of these Terms, is formed at the time the user downloads the Service to a smartphone or other information device and completes the procedure for agreeing to these Terms.
3. If the user is a minor, please use the Service only after obtaining the consent of a parent or other legal representative.
4. If a minor user uses the Service while falsely claiming to have such consent, falsely claiming to be an adult, or otherwise using deceptive means to give the impression of having legal capacity, the user may not rescind any legal act relating to the Service.
5. If a user who was a minor at the time of agreeing to these Terms uses the Service after reaching the age of majority, that user is deemed to have ratified all legal acts relating to the Service.

Article 2 (Amendment of these Terms)

1. The Service Provider may revise the content of these Terms at any time without obtaining the user's consent, and the user shall accept such revisions without objection.
2. When the Service Provider revises these Terms, it will publish the content of the revision on this website.
3. Notwithstanding the preceding paragraph, any revision to these Terms takes effect from the time it is published on this website.
4. If the user uses the Service after these Terms have been amended, the user is deemed to have agreed to the amended Terms without objection.

Article 3 (Management of the right to use the Service)

1. Users may not allow a third party to use, or lend, transfer, change the registered name of, or sell or buy, paid services provided for the purchaser's own use.
2. If the Service is used under the registration information of the purchaser, the Service Provider may treat such use as having been made by the person who registered the purchase, and all results arising from such use, together with all associated responsibility, shall belong to the person who registered the purchase.

Article 4 (Handling of personal information, etc.)

Personal information and user information will be handled appropriately in accordance with the "Privacy Policy" set out separately on this website.

Article 5 (Prohibited acts)

In using the Service, the Service Provider prohibits users from engaging in the following acts. If the Service Provider determines that a user has violated a prohibition, the Service Provider may suspend that user's access or take any other measures it deems necessary.

1. Acts that infringe the intellectual property rights of the Service Provider or a third party
2. Acts that damage the honor or credibility of the Service Provider or a third party, or that unjustly discriminate against or defame them
3. Acts that analyze the App or tamper with its internal data
4. Using functions or paid services that the Service Provider does not intend to provide to the user
5. Any other act that the Service Provider determines to be inappropriate

Article 6 (Disclaimer)

1. The Service Provider bears no responsibility whatsoever for any damage arising from changes to, or the suspension or termination of, the App/Service.
2. The Service Provider is not involved in, and bears no responsibility whatsoever for, the environment in which the user uses the Service.
3. The Service Provider may terminate the provision of the App/Service without prior notice; provided, however, that the Service Provider will endeavor, in principle, to announce such termination on this website no later than one year before the termination date.
4. The Service Provider bears no responsibility whatsoever, regardless of cause, for the loss, corruption, or unavailability of photo data or other content stored within the App. Users shall back up any necessary data at their own responsibility.

Article 7 (Advertising)

Advertising will be handled appropriately in accordance with the "Advertising Policy" set out separately on this website.

Article 8 (Promotion codes)

The use of promotion codes will be handled appropriately in accordance with the "Promotion Code Terms of Use" set out separately on this website.

Article 9 (Governing law and jurisdiction)

The validity, interpretation, and performance of these Terms shall be governed by, and construed in accordance with, the laws of Japan. Any dispute arising in connection with the Service shall be subject to the exclusive agreed jurisdiction of the court having jurisdiction over the location of the Service Provider's principal office.

Privacy Policy

Atomic Torches Collective (the "Service Provider") sets forth this Privacy Policy (the "Policy") regarding the handling of users' personal information in the services it provides through its smartphone application (the "App"/"Service") as follows.

Article 1 (Personal information)

"Personal information" refers to "personal information" as defined in the Act on the Protection of Personal Information, meaning information about a living individual that can identify a specific individual by name, date of birth, address, telephone number, contact details, or other description contained in such information, as well as information that can identify a specific individual from the information alone (personal identification information), such as data relating to appearance, fingerprints, or voiceprints, or social certificates.

Article 2 (Handling of photo data and access permissions)

In providing the photo album feature, the App handles photo data as follows.

1. The App requests access permission to the photo library in order to provide functionality for browsing and managing the photo library on the device.
2. Photo data handled by the App is stored only on the user's device and is never transmitted or uploaded to the Service Provider's servers or any other external cloud environment.
3. The App may use Exif (Exchangeable Image File Format) information, such as the date and time a photo was taken, for functions such as sorting and display within the App. However, the App does not acquire or use Exif information that includes location data (GPS information).

Article 3 (Methods of collecting personal information)

The Service Provider may ask for the user's name and email address when the user uses a paid service. The Service Provider may also collect transaction records or payment-related information containing the user's personal information from its business partners (the "Partners"), arising from dealings between the user and such Partners. Partners include app distribution platform operators, advertisers, and advertising networks.

In addition, the App uses Google AdMob for advertising delivery, and advertising identifiers (such as the Advertising ID/IDFA) and other device information may be automatically collected for the purposes of ad delivery and measuring its effectiveness. For details on the information collected, please refer to the "Advertising Policy" set out separately on this website.

Article 4 (Purposes of collecting and using personal information)

The purposes for which the Service Provider collects and uses personal information are as follows.

1. To provide the Service Provider's services, in particular to collect information for use of paid services and for compensation in the event of a malfunction
2. To respond to inquiries from users
3. To make necessary contact, such as for maintenance or important notices
4. To identify users who have violated the Terms of Service or who attempt to use the Service for fraudulent or improper purposes, and to refuse such users' use of the Service
5. To bill users for usage fees for paid services

Article 5 (Change of purpose of use)

The Service Provider will change the purpose of use of personal information only where the new purpose is reasonably determined to be related to the purpose before the change. If the purpose of use is changed, the Service Provider will publish the new purpose on this website.

Article 6 (Retention period of personal information)

The Service Provider retains personal information for approximately the following periods, and will delete it or render it irrecoverable without delay after the applicable period, except where retention is required by law.

1. Personal information obtained through responses to inquiries, etc.: 90 days from the date of the last contact
2. Personal information obtained in connection with the use of a paid service: one year from the date the paid service in question was completed

Article 7 (Provision of personal information to third parties)

The Service Provider will not provide personal information to third parties without first obtaining the user's consent, except in the following cases, and except as otherwise permitted under the Act on the Protection of Personal Information or other applicable laws.

1. Where necessary to protect a person's life, body, or property, and it is difficult to obtain the individual's consent
2. Where particularly necessary for improving public health or promoting the sound development of children, and it is difficult to obtain the individual's consent
3. Notwithstanding the preceding paragraph, the recipient of information shall not be deemed a third party in the following cases:
   1. Where the Service Provider entrusts the handling of personal information, in whole or in part, within the scope necessary to achieve the purpose of use
   2. Where personal information is provided in connection with a business succession due to a merger or other reason

Article 8 (Disclosure of personal information)

When requested by an individual to disclose personal information, the Service Provider will disclose it without delay, except where the Service Provider is not legally obligated to make such disclosure. However, the Service Provider may decline to disclose all or part of such information where disclosure would fall under any of the following.

1. Where the identity of the person requesting disclosure cannot be confirmed
2. Where disclosure is likely to harm the life, body, property, or other rights or interests of the individual or a third party
3. Where disclosure would otherwise violate any law or regulation

Notwithstanding the preceding paragraph, information such as the App's usage history or billing history will, in principle, not be disclosed, except where the Service Provider is legally obligated to do so.

Article 9 (Correction and deletion of personal information)

If personal information about a user held by the Service Provider is incorrect, the user may request that the Service Provider correct, add to, or delete ("Correct, etc.") such information, in accordance with procedures established by the Service Provider.

If the Service Provider receives such a request from a user and determines that it is necessary to comply, the Service Provider will Correct, etc. the personal information in question without delay.

The Service Provider will notify the user without delay after making a correction, etc. pursuant to the preceding paragraph, or after deciding not to do so.

Article 10 (Suspension of use of personal information, etc.)

If requested by an individual to suspend the use of, or delete ("Suspend Use, etc."), personal information on the grounds that it is being handled beyond the scope of its purpose of use, or that it was obtained through improper means, the Service Provider will promptly conduct the necessary investigation.

Based on the results of the investigation described in the preceding paragraph, if the Service Provider determines it is necessary to comply with the request, it will Suspend Use, etc. of the personal information in question without delay. The Service Provider will notify the user without delay after taking such action, or after deciding not to do so.

Article 11 (Personal information of minors)

If the user is a minor, the Service Provider will obtain and use personal information with the consent of a parent or other legal representative as necessary. If a minor has any questions regarding the handling of their own personal information, please contact the inquiry desk described in Article 12 through a parent or other legal representative.

Article 12 (Contact for inquiries)

For inquiries regarding this Policy, please contact us via the Contact page.

Article 13 (Changes to this Privacy Policy)

The content of this Policy may be changed without notice to users, except for matters required by law or otherwise provided for separately in this Policy. The revised Privacy Policy takes effect from the time it is posted on this website.

Advertising Policy

Atomic Torches Collective (the "Service Provider") sets forth this Advertising Policy (the "Policy") regarding the handling of advertising in the services it provides through its smartphone application (the "App"/"Service") as follows.

Article 1 (Use of advertising)

The App uses AdMob, provided by Google Inc., for advertising delivery. AdMob may automatically collect user information for the purpose of managing the advertisements delivered. For details on the information collected, its purposes of use, provision to third parties, and other matters, please refer to the advertising provider's application privacy policy at the link below.

Google Advertising Policies

Article 2 (Use of rewarded ads and provision of limited content)

The App uses a mechanism (the "Rewarded Ad Feature") that employs video-based ads provided by AdMob and unlocks limited features only after a video has been watched in full. In connection with the Rewarded Ad Feature, the Service Provider prohibits users from engaging in the following acts.

1. Intensively watching ads over a short period of time for the purpose of unlocking limited features
2. Watching ads mechanically using external tools or similar means
3. Any other act that the Service Provider or the advertising provider determines to be inappropriate

Article 3 (Ad personalization)

The App may deliver personalized advertisements through AdMob based on the user's interests and other factors. On iOS devices, in accordance with Apple's policies, a dialog requesting the user's permission for ad tracking (App Tracking Transparency) may be displayed.

Promotion Code Terms of Use

Atomic Torches Collective (the "Service Provider") sets forth these terms regarding the handling of promotion codes used in connection with the services it provides through its smartphone application (the "App"/"Service"). Please use promotion codes only after agreeing to these Terms.

Article 1 (Purpose of promotion codes)

The App/Service may distribute promotion codes that unlock limited features within the App for purposes such as promotional activities to encourage use, or to facilitate the review process. These promotion codes are distributed free of charge by the Service Provider, and their sale for value, by the Service Provider or by any other party, is prohibited under all circumstances.

Article 2 (Prohibited acts)

In using the Service, the Service Provider prohibits users from engaging in the following acts. If the Service Provider determines that a user has violated a prohibition, the Service Provider may suspend that user's access or take any other measures it deems necessary.

1. A user who has been provided a promotion code by the Service Provider transferring or selling it to a third party
   1. As an exception, sharing of promotion codes among an unspecified number of users is permitted in the following cases:
      1. Where the Service Provider explicitly distributes the code to an unspecified audience via social media, web pages, or similar means
      2. Where the Service Provider explicitly permits sharing among an unspecified number of users
2. Analyzing the mechanism by which promotion codes are generated or authenticated
3. Obtaining a promotion code through means not intended by the Service Provider and providing it to a third party

Article 3 (Disclaimer)

1. The Service Provider bears no responsibility whatsoever for any damage arising from the use of, changes to the content of, or the suspension or termination of, promotion codes.
2. The Service Provider makes no guarantee whatsoever regarding the validity of promotion codes and may invalidate any promotion code that has been distributed. The Service Provider also bears no responsibility for responding to individual inquiries regarding the reissuance or use of promotion codes.