Terms and Conditions

Last Updated: February 17, 2025

1. General

  1. Scope. These Terms govern your access to and use of the website https://hikarie.app (the "Site"), the products available for sale, including digital pixels ("Pixels"), and any related services, including the quiz feature that recommends a Pixel based on your answers.
  2. Modifications. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site after the posting of any changes constitutes acceptance of those changes.

2. Website and Product Description

  1. The Product - Pixels.
    • Our Site offers digital Pixels that are part of a map representation of prefectures in Japan. The map comprises 5,890 Pixels across 47 prefectures of Japan.
    • Each Pixel may display an image, a name, and a note provided by the purchaser.
    • Users have the option to directly purchase a Pixel or participate in a quiz that recommends a Pixel based on their answers.
  2. Pricing. The applicable price will be clearly indicated at the time of purchase.
  3. Image, Name, and Note Submission. Prior to initiating the transaction, you must upload an image, provide a name, and enter a note. By submitting these items, you grant us the right to display them on the purchased Pixel as part of the digital map.
  4. Third-Party Components.
    • The map is created by AmCharts and has been modified by Hikarie. The AmCharts component is licensed under CC BY 4.0, and we have provided the appropriate attribution on the Pixel map itself.
    • The map provided may not be fully accurate, and we do not warrant the completeness or precision of the geographical or other information represented.

3. Payment and Refund Policy

  1. Payment Process.
    • Transactions for the purchase of Pixels are processed via Stripe. When you choose to purchase a Pixel, you will be redirected to Stripe to complete the transaction.
    • You agree to provide accurate and complete payment information and authorize Stripe to process the payment on our behalf.
  2. All Sales Final.
    • All purchases are final. No refunds, exchanges, or cancellations will be provided once a transaction is completed.
    • By confirming your purchase, you acknowledge and agree that the transaction is non-refundable.

4. User Conduct and Content Guidelines

  1. User-Submitted Content.
    • You are solely responsible for any image, name, or note you submit for display on a Pixel.
    • By submitting such content, you represent and warrant that you have all necessary rights, licenses, and permissions to use and authorize us to display that content on the Pixel.
  2. Content Standards.
    • We reserve the right to remove, modify, or refuse to display any image, name, or note submitted by a user if it contains offensive language, imagery, or content that we determine in our sole discretion is not suitable for all audiences.
    • You agree that your submitted content shall not contain material that is defamatory, obscene, pornographic, discriminatory, or otherwise unlawful or objectionable.
  3. Indemnification. You agree to indemnify, defend, and hold harmless Hikarie, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses arising from your use of the Site or your violation of these Terms.

5. Intellectual Property

  1. Ownership.
    • The Site, its design, and its underlying code are owned by or licensed to Hikarie.
    • The Pixel map incorporates third-party components (e.g., AmCharts) licensed under CC BY 4.0. Appropriate attribution is provided on the map itself. Use of the map is subject to the terms of the CC BY 4.0 license.
  2. License to Use Submitted Content. By submitting content (including images, names, and notes), you grant Hikarie a non-exclusive, royalty-free, worldwide license to display, distribute, and otherwise use such content in connection with the Pixel map and related marketing and promotional activities.

6. Disclaimers and Limitation of Liability

  1. Disclaimer of Warranties.
    • The Site and all products and services provided through the Site are provided on an "AS IS" and "AS AVAILABLE" basis without any warranty of any kind, whether express, implied, statutory, or otherwise.
    • We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
  2. Limitation of Liability. To the fullest extent permitted by applicable law, Hikarie and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
    • your use or inability to use the Site;
    • any unauthorized access to or use of our servers and/or any personal information stored therein;
    • any interruption or cessation of transmission to or from the Site;
    • any bugs, viruses, trojan horses, or the like;
    • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site.
  3. Accuracy of Information. While we strive to ensure that all information on the Site is accurate, we do not guarantee that the information is complete, current, or error-free. The map may not be fully accurate, and any reliance you place on such information is strictly at your own risk.

7. Governing Law and Dispute Resolution

  1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Hikarie is established, without regard to its conflict of law provisions.
  2. Dispute Resolution. Any disputes arising out of or related to these Terms or the use of the Site shall be resolved through negotiation in good faith. If a resolution cannot be reached, the dispute shall be submitted to binding arbitration in accordance with the rules of the applicable arbitration body in the governing jurisdiction.

8. Termination

  1. Termination of Access. We reserve the right, at our sole discretion, to terminate or suspend your access to the Site or any portion thereof, without prior notice, for conduct that we believe violates these Terms or is harmful to other users or to our business.
  2. Effect of Termination. Upon termination, all rights granted to you under these Terms will immediately cease, and you must promptly discontinue all use of the Site.

9. Miscellaneous

  1. Entire Agreement. These Terms constitute the entire agreement between you and Hikarie regarding your use of the Site and supersede all prior or contemporaneous communications and proposals, whether oral or written.
  2. Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent possible.
  3. No Waiver. The failure of Hikarie to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
  4. Contact Information. If you have any questions about these Terms, please contact us using the contact information provided on the Site.

By using the Site and/or purchasing a Pixel, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. Thank you for visiting https://hikarie.app and for your support.