Premium Service Terms of Service

These Premium Service Terms of Service set forth the terms and conditions pertaining to the use of the paid service provided by POCKE, INC.
Please make sure to read and accept these Premium Service Terms of Service before using the paid service as these Premium Service Terms of Service shall apply to a User of the paid service (hereinafter referred to as “Premium Member”).
Use of the paid service shall also require consent to the Terms of Service, so please make sure to read and accept that document before using the paid service.

Article 1 (Application of Terms of Service)

1. These Premium Service Terms of Service (hereinafter referred to as “Premium Terms of Service”) prescribe the terms and conditions for the use of the paid service (hereinafter referred to as “Service”) provided by POCKE, INC. (hereinafter referred to as the “Company”). By using this Service, the Premium Member is deemed to have agreed to these Premium Terms of Service
2. The Company reserves the right to amend these Premium Terms of Service in a way deemed reasonable for the customer. Amendments to these Premium Terms of Service shall become part of the contract provided that the Premium Member has received an email notifying them of these amendments and has not submitted an objection within six weeks of receiving the notification and provided that the Premium Member’s notification from the Company contains explicit information regarding the consequences of the amendment. Should the Premium Member object to the amendments in good time, the amendments shall not be effective for the user. In this case, the Company has the right to terminate the usage agreement with notice of one month if it is impossible or unreasonable to expect the Company to continue with the contract without the amendments.

Article 2 (Definitions)

Unless otherwise specified by the Premium Terms of Service, the terms used in these Premium Terms of Service shall have the same meaning as the terms used in the Terms of Service.

Article 3 (Paid Registration)

1. A User who wishes to use this Service must register and pay a fee.
2. A User who wishes to register and pay a fee must agree to the Terms of Service and Premium Terms of Service and complete the registration procedure and pay the fee.

Article 4 (Usage Fee)

1. The fee for use of this Service shall be determined separately.
2. A Premium Member shall, regardless of whether the Premium Memberactually uses this Service, pay the usage fee (hereinafter referred to as “Usage Fee”) for this Service charged by Apple Store (in-app purchase) or Google Play (in-app purchase) for each contract period to the Company.
3. A User may sign up for a 30-day trial of the Premium Service. If the User does not cancel or withdraw the Premium Service before the end of the trial, the User authorizes our Company to automatically charge the agreed price monthly until the User cancels the Premium Service.
4. A 30-day trial for the Premium Service may be used once. If a User signed up for the Premium Service in the past, the User may not sign up for another trial. If a User purchases the Premium Service without a trial, the User agrees to be automatically charged monthly until the User cancels the Premium Service.

Article 5 (Charging Period)

1. The Usage Fee shall be paid by a Premium Member through the payment of the fee for the contract period as set by the Apple Store (in-app purchase) or Google Play (in-app purchase) from the date the User registers as a Premium Member through the Apple Store (in-app purchase) or Google Play (in-app purchase) from the device(s) used by the Premium Member.
2. The Usage Fee shall not be calculated on a prorated daily basis. Even if a Premium Member cancels the membership before the contract period elapses, the Premium Member shall pay the full Usage Fee for the entire contract period.

Article 6 (Payment Method)

1. The Usage Fee shall be paid through the Apple Store (in-app purchase) or Google Play (in-app purchase).
2. If a Premium Member pays the Usage Fee through the Apple Store (in-app purchase) or Google Play (in-app purchase), the provisions set forth in the “Apple Store Terms of Service,” “Sales Terms and Conditions of iTunes Store, Mac App Store, App Store and iBooks Store,” “iTunes Store Terms of Service,” and “Mac App Store, App Store, iBooks Store Terms of Service” prescribed by Apple Inc., and “Google Play Terms of Service” prescribed by Google shall apply in addition to these Premium Terms of Service.

Article 7 (Cancellation of Paid Registration)

1. In the event that the Premium Member terminates the use of this Service, he/she shall perform the Company’s designated termination procedure, and upon completion of said procedure, the use of this Service shall be deemed to have been terminated.
2.The Company shall not, under any circumstances, refund the Usage Fee and any other fees that it has already received.
3. If a Premium Member performs the procedure to cancel the use of this Service in the middle of the month, the Premium Member shall pay the full Usage Fee for the whole month.

Article8 (Cancellation of Paid Subscription, etc.)

1. If the Company finds that any of the following items applies to a Premium Member, the Company may temporarily cancel the Premium Member’s paid subscription without advance notice to the Premium Member:
(1) When there is a delay in the payment of the Usage Fee for the premium service or any other debts, or the Premium Member has refused payment of the fee;
(2) When the use of the payment method has been suspended;
(3) When the Premium Member of this Service has been subjected to provisional attachment, provisional disposition, compulsory seizure or disposition of tax delinquency, the commencement of bankruptcy proceedings, or corporate rehabilitation has been filed against the Premium Member, or the verdict of the commencement of guardianship, curatorship, assistance has been handed down to the Premium Member; or
(4) When the Premium Member fails to remedy the breach of the Terms of Service or the Premium Terms of Service despite the Company’s request to do so.
2. If any of the items in the preceding paragraph applies to a Premium Member, the Premium Member shall forfeit the benefit of time and pay in lump-sum the Usage Fee that has been incurred as of that point of time and all other liabilities that the Premium Member owes to the Company.
3. If the Company suffers from damages due to the applicability of any of the items in the preceding paragraph 1 to the Premium Member, the Company may demand compensation from the Premium Member (including Premium Members who have cancelled subscriptions), regardless of the status of termination of the Premium Member’s paid registration.
4. If the Company engages in the actions set forth in paragraph 1 in this Article, the Company shall assume no responsibility for the result of those actions.

Article 9 (Ownership of Rights)

All rights, including the editorial right and copyright related to this Service, shall belong to the Company or any third party holding the copyright. Premium Members may not reproduce, duplicate, store, or transfer the contents of this Service or information provided by this Service without the permission of the Company.
1. The Company may suspend the provision of this Service without the consent of thea Premium Member if there are any unavoidable reasons in the maintenance or management of the Company’s facility due to its own circumstances, or if the service of the telecommunications provider used by the Company ceases to be rendered. The Company shall, irrespective of reason, assume no responsibility for any disadvantage andor damages that the Premium Member or a third party suffers due to the temporary suspension or cessation of this Service.

POCKE, INC.
Enacted on: September 15, 2020