SMADY Terms of Use

Operator: Tree Under Love Last updated: 2026-04-24

Table of Contents

  1. Article 1 Definitions
  2. Article 2 Agreement to These Terms
  3. Article 3 Registration
  4. Article 4 Management of User ID and Password
  5. Article 5 Paid Services
  6. Article 6 Fees and Payment Methods
  7. Article 7 Prohibited Acts
  8. Article 8 Suspension of the Service
  9. Article 9 Restrictions and Deregistration
  10. Article 10 Preparation of Use Environment
  11. Article 11 Disclaimer of Warranties
  12. Article 12 External Communications / External Services (SDKs) / Identifiers
  13. Article 13 Sale of Target Products
  14. Article 14 Limitation of Liability
  15. Article 15 Rights in Content
  16. Article 16 Changes to These Terms
  17. Article 17 Handling of Personal Information
  18. Article 18 Notices and Communications
  19. Article 19 Contact
  20. Article 20 Assignment of Rights and Obligations
  21. Article 21 Entire Agreement
  22. Article 22 Severability
  23. Article 23 Governing Law
  24. Article 24 Jurisdiction

These Terms of Use (the “Terms”) set forth the conditions for use of the services provided in the mobile application “SMADY” (the “Service”) operated by Tree Under Love (the “Operator”). Users shall use the Service in accordance with these Terms.

Article 1 Definitions

“Content” means text, audio, music, images, videos, software, programs, code, and other information.

“Target Products” means goods and services sold by the Operator and/or third parties through the Operator’s services.

“Device” means a personal computer, smartphone, tablet, or other device used by a user to access the Operator’s services.

“Content” (regardless of who created, posted, transmitted, or uploaded it) means any content accessible through the Operator’s services.

“Anti-Social Forces, etc.” means organized crime groups, their members, right-wing groups, and other similar persons or entities.

“Registration Information” means information required by the Operator to apply for registration to use the Service.

Article 2 Agreement to These Terms

2.1 Users may use the Operator’s services only if they agree to these Terms. When using the Operator’s services, users must agree to these Terms in the manner specified by the Operator.

2.2 In addition to these Terms, the Operator may establish rules, conditions, guidelines, etc. for use of the Service (collectively, “Individual Provisions”). Users shall use the Operator’s services in accordance with these Terms and the Individual Provisions.

2.3 If a user is a minor, the following shall apply.

  1. Please use the Operator’s services only after obtaining consent from a parent/guardian or other legal representative.
  2. If a minor user falsely represents that they have consent of a legal representative despite lacking such consent, or misrepresents their age as an adult, or otherwise uses fraudulent means to make others believe they have legal capacity, the minor may not rescind any legal acts related to the Service.
  3. If a user who was a minor at the time of agreeing to these Terms uses the Operator’s services after reaching the age of majority, such user shall be deemed to have ratified all legal acts related to the Operator’s services.

Article 3 Registration

3.1 Registration for use of the Operator’s services shall be completed when an applicant agrees to these Terms, provides the Registration Information to the Operator by the method specified by the Operator, and the Operator approves such application.

3.2 The Operator may refuse to approve an application for registration if it determines that any of the following applies, and the Operator shall have no obligation to disclose the reason.

  1. There is false, incorrect, or missing information in the Registration Information
  2. The applicant is a minor, adult ward, person under curatorship, or person under assistance and has not obtained the consent, etc. of a legal representative, guardian, curator, or assistant
  3. The applicant is an Anti-Social Force, etc., or has any interaction or involvement with Anti-Social Forces, etc., such as cooperating with or being involved in their maintenance, operation, or management through funding or otherwise
  4. The applicant (or a related person) has previously violated these Terms
  5. Any other case where the Operator deems registration inappropriate

3.3 Users shall promptly update their Registration Information when changes occur, and must maintain such information as true, accurate, complete, and up to date.

3.4 Users may withdraw from the Service by notifying the Operator of their intent to withdraw in accordance with the withdrawal procedure specified by the Operator.

Article 4 Management of User ID and Password

4.1 Users shall manage and store their user ID and password for the Service appropriately at their own responsibility. User IDs and passwords belong exclusively to the user, and users may not allow a third party to use them, share them with a third party, lend them, transfer them, change the registered name, buy/sell them, or inherit them.

4.2 If the Service is used with the correct user ID and password entered, the Operator may deem such use to have been made by the registered user of that user ID.

4.3 Users shall bear any damages caused by insufficient management of a user ID or password, misuse, or use by a third party.

Article 5 Paid Services

5.1 Users may receive services that require a one-time payment or recurring payment (the “Paid Services”) only if they satisfy the conditions and procedures prescribed by the Operator. Users registered for Paid Services may use the Paid Services in accordance with the usage period, fees, payment methods, and other terms notified by the Operator by publication or notice to the user. Payments for Paid Services shall be processed through app stores such as the Apple App Store or Google Play (collectively, the “App Stores”), and purchases, payments, cancellations, renewals, refunds, and other matters shall be governed by the conditions and procedures of the relevant App Store.

5.2 If a user delays payment of fees for Paid Services, or if payment cannot be confirmed due to failure, hold, cancellation, etc. of payment processing by an App Store or external service, the Operator may suspend or restrict the provision of Paid Services to that user. If payments are processed through an App Store, the terms of the relevant App Store shall apply.

5.3 The Operator may, at its discretion, change the content of the Paid Services or discontinue providing them at any time, and shall not be liable for any damages to users arising therefrom.

5.4 Users may not request a refund of fees once paid. However, for payments processed through an App Store, whether refunds are available and the refund procedures shall follow the rules of the relevant App Store.

5.5 Even if a user cancels a subscription, the user may generally continue to use the Paid Services until the subscription period expires. However, the available period may differ depending on free trials or other conditions set by the App Store.

5.6 The Operator may display advertisements to free users. For users subscribed to plans designated by the Operator within the Paid Services, advertisements may be stopped or reduced.

Article 6 Fees and Payment Methods

6.1 Users shall pay the fees for Paid Services in the amount specified by the Operator (by publication or individual notice) using the method designated by the relevant App Store.

6.2 Handling of delayed payments shall follow the rules of the relevant App Store.

Article 7 Prohibited Acts

When using the Service, users must not engage in, encourage, or attempt any of the following acts.

  1. Acts that violate laws and regulations, public order and morals, or internal rules of industry associations to which the Operator or the user belongs
  2. Acts related to criminal activity
  3. Posting, transmitting, or uploading through the Operator’s services any information that the Operator deems to fall under any of the following:
    1. Excessively violent or cruel expressions
    2. Expressions that damage the honor or credibility of the Operator, other users, or third parties
    3. Excessively obscene expressions or expressions constituting child pornography or child abuse
    4. Expressions that promote discrimination
    5. Expressions that encourage suicide or self-harm
    6. Expressions that encourage inappropriate use of drugs
    7. Anti-social expressions
    8. Chain messages or other content seeking to spread information to third parties
    9. Content that causes discomfort to others
  4. Infringing intellectual property rights, portrait rights, privacy rights, or other rights/interests of the Operator, other users, or third parties (including acts that directly or indirectly cause such infringement)
  5. Fraud or threats against the Operator or third parties, defamation, acts damaging honor or credibility, unreasonable discrimination, or slander
  6. Destroying or interfering with the functions of servers or networks of the Operator, other users, or third parties
  7. Transmitting information containing computer viruses or other harmful computer programs
  8. Tampering with information usable in the Operator’s services
  9. Transmitting data exceeding the data capacity specified by the Operator through the Operator’s services
  10. Acts that may interfere with operation of the Operator’s services
  11. Unauthorized access or attempts thereof
  12. Impersonating another user or a third party
  13. Using another user’s ID or password
  14. Collecting or accumulating personal information, etc. about other users
  15. Using the Operator’s services for an unauthorized purpose
  16. Acts that cause disadvantage, damage, or discomfort to other users or third parties
  17. Advertising, solicitation, or commercial activities not permitted by the Operator on the Operator’s services
  18. Directly or indirectly providing benefits to Anti-Social Forces, etc. in connection with the Operator’s services
  19. Any other acts deemed inappropriate by the Operator

Article 8 Suspension of the Service

8.1 The Operator may suspend or interrupt all or part of the Service without prior notice to users if it determines that any of the following applies.

  1. When performing maintenance or updates of computer systems related to the Service
  2. When provision of the Service becomes difficult due to force majeure such as earthquakes, lightning, fire, or power outages
  3. When computers or communication lines, etc. stop due to an accident
  4. Any other case where the Operator deems it difficult to provide the Service

8.2 The Operator may terminate provision of the Service at any time for the Operator’s convenience.

8.3 The Operator shall not be liable for any disadvantage or damage suffered by users or third parties due to suspension or interruption of the Service.

Article 9 Restrictions and Deregistration

9.1 If the Operator determines that a user falls under any of the following, it may, without prior notice, delete or suspend the display related to such user, restrict or suspend use of all or part of the Service, or deregister the user.

  1. Violation of any provision of these Terms
  2. Discovery of false facts in the Registration Information
  3. Using or attempting to use the Service for a purpose or in a manner that may cause damage to the Operator, other users, or third parties
  4. Interfering with, or attempting to interfere with, operation of the Service
  5. Failure to perform payment obligations such as fees
  6. Suspension of payments, insolvency, or filing for commencement of bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or similar proceedings
  7. Dishonor of a bill or check drawn or accepted by the user, or suspension of transactions by a clearing house, or similar measures
  8. Attachment, provisional attachment, provisional disposition, compulsory execution, or petition for auction
  9. Disposition for delinquency of taxes and public charges
  10. Death, or an adjudication commencing guardianship, curatorship, or assistance
  11. No response to communications from the Operator for a certain period
  12. No use of the Service for a certain period since the last use
  13. Any other case where the Operator deems continued use of the Service or continued registration as a user inappropriate

9.2 If any of the events in the preceding paragraph occurs, the user shall automatically lose the benefit of time with respect to all obligations owed to the Operator and must immediately perform all obligations.

9.3 The Operator shall not be liable for any damages suffered by users due to actions taken by the Operator under this Article.

Article 10 Preparation of Use Environment

10.1 Users shall, at their own responsibility and expense, prepare the Devices, software, communication lines, and other environment necessary to use the Service.

10.2 Communication charges incurred in connection with use of the Service shall be borne by the user.

Article 11 Disclaimer of Warranties

11.1 The Operator makes no warranties, whether express or implied, that the Service and Target Products are fit for a particular purpose of the user; have the functions, commercial value, accuracy, usefulness, reliability, completeness, and safety expected by the user; comply with laws and regulations or internal rules of industry associations applicable to the user; can be used continuously; are free from defects, errors, or bugs; do not infringe the rights of users or third parties; and will operate without malfunctions.

11.2 Even if the Operator integrates with external social networking services or other third-party service providers, the Operator does not warrant the possibility or continuity of such integration, nor that use of the Service will not violate the terms of use of such external providers. Users shall comply with the terms of use of external providers at their own expense and responsibility.

11.3 If products are introduced via affiliate programs or blog articles within the Service, inquiries about such products should be made directly to the seller, not to the Operator. If users move to other sites via links or banners, the Operator bears no responsibility for information, services, etc. provided on the destination sites, and does not warrant the accuracy, legality, or fitness for purpose of such sites. Articles posted within the Service reflect the personal views of their authors and may not apply to everyone. Users shall make final decisions regarding purchase of products or services at their own responsibility.

Article 12 External Communications / External Services (SDKs) / Identifiers

12.1 The Operator may, to the extent necessary for operation of the Service (including providing the Service, improving quality, preventing fraud, analyzing incidents, delivering advertisements, confirming billing processing, etc.), conduct communications between the user’s Device and servers of the Operator or third parties (“External Communications”).

12.2 The Operator may use services or SDKs provided by third parties within the Service (e.g., Google logging/measurement infrastructure, ad delivery services (Google AdMob, etc.), and App Store billing/subscription management functions; collectively, “External Services”).

12.3 In connection with use of External Services, all or part of the following information may be transmitted to, collected by, and used by External Service providers to the extent necessary for ad delivery, effectiveness measurement, fraud prevention, incident analysis, maintaining service quality, etc.

  1. Device information (model, OS, app version, etc.)
  2. Usage information (operation history, screen transitions, crash information, log information, etc.)
  3. Network information (connection status, etc.)
  4. Identifiers (advertising identifiers such as AAID/IDFA, and device-related identifiers, etc.)

12.4 Users understand that the terms of use, privacy policy, and other conditions set by the relevant External Service provider apply to use of External Services, and users shall comply with them at their own expense and responsibility.

12.5 Users may, through Device or OS settings, restrict use of advertising identifiers, disable personalized ads, limit tracking, etc. The settings method follows the user’s Device/OS.

12.6 The Operator makes no warranties regarding the content of External Services, the content of displayed advertisements, or the accuracy, legality, usefulness, fitness for purpose, or continuity of External Services, and (except in cases of the Operator’s willful misconduct or gross negligence) shall not be liable for damages incurred by users due to External Services.

12.7 Purchases, payments, cancellations, renewals, refunds, and other matters related to subscriptions and other in-app billing in the Service shall follow the conditions and procedures of the App Store used by the user (Apple App Store / Google Play, etc.).

12.8 Analyses of videos, etc. in the Service are, in principle, performed within the user’s Device, and the Operator does not upload and store the user’s video files on servers. However, this may change if the user shares to External Services by operation, or if handling changes due to future feature additions.

Article 13 Sale of Target Products

13.0 At present, the Operator does not provide a function to sell Target Products on the Service, but may provide sales of Target Products or related functions in the future. If provided, such sales shall be governed by these Terms and/or separate terms and disclosures.

13.1 If product descriptions, images, videos, etc. of Target Products are posted on the Service, the Operator does not guarantee their truthfulness or accuracy. Complaints or inquiries regarding Target Products sold by third parties should be directed to the manufacturer or seller, not to the Operator.

13.2 If the Operator ships Target Products, the user shall provide accurate and sufficient shipping information to the Operator in advance. The Operator shall not bear any damages arising from insufficient or unclear shipping information, and in such cases may unilaterally cancel the order. Shipping schedules, shipping fees, deliverable regions, and other shipping conditions shall be governed by separate sales terms established by the Operator.

13.3 When purchasing Target Products, users agree to provide accurate and sufficient payment information in advance and to keep it up to date. The Operator shall not bear any damages arising from insufficient, inaccurate, or unclear payment information, and in such cases may unilaterally cancel the order. Payment methods, payment notices, and other payment conditions shall be governed by separate sales terms established by the Operator.

13.4 Users shall promptly inspect delivered goods for name, quantity, appearance, and functionality, and if there is any discrepancy or defect, promptly notify the Operator.

13.5 If a delivery period is displayed, it is for reference only and does not guarantee delivery within that period. Delivery schedules may change without notice due to stockouts or other reasons.

Article 14 Limitation of Liability

14.1 Except in cases of the Operator’s willful misconduct or negligence, the Operator shall not be liable for any damages suffered by users arising from or related to use of the Service, changes to the content of the Service, interruption, suspension, or termination of the Service, inability to use the Service, deletion or loss of user messages or information, restrictions or deregistration measures, data loss, Device failure or damage, impacts of the Service on Devices, disadvantages from inability to properly use the Service, disadvantages from data loss, or any other damages.

14.2 If the Operator is liable for damages in connection with use of the Service, except in cases of willful misconduct or gross negligence, the Operator’s liability shall be limited to JPY 100,000.

14.3 The Operator shall not be liable for any transactions, communications, disputes, etc. arising between users, or between a user and a third party, in connection with the Service.

Article 15 Rights in Content

All intellectual property rights in the Service and displayed Content belong to the Operator or persons who have licensed such rights to the Operator. Permission to use the Service under these Terms does not mean permission to use the intellectual property rights of the Operator or its licensors. Users shall not engage in any acts that may infringe the intellectual property rights of the Operator or its licensors for any reason (including unauthorized use of translations, disassembly, decompilation, reverse engineering, etc.).

Article 16 Changes to These Terms

16.1 The Operator may change these Terms at any time if it deems necessary.

16.2 When the Operator changes these Terms, it shall notify users by publication or by sending notice to users.

16.3 If the change to these Terms conforms to the general interests of users, does not contradict 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, the change shall take effect from the effective date stated in the notice even without users’ consent.

16.4 If the requirements in the preceding paragraph are not satisfied, the change shall take effect only upon obtaining users’ consent.

Article 17 Handling of Personal Information

Handling of personal information obtained by the Operator in connection with the Service is not provided in these Terms, and shall be governed by the Privacy Policy separately established by the Operator.

Article 18 Notices and Communications

Notices and communications from the Operator to users regarding the Service shall be made by publication, sending to users, or other methods the Operator deems appropriate. If the Operator sends notice to the contact information registered by the user at that time, such notice shall be deemed to have reached the user.

Article 19 Contact

For inquiries regarding these Terms and the Service, please contact:

Article 20 Assignment of Rights and Obligations

20.1 Users may not assign their contractual status or rights or obligations under these Terms to a third party, nor provide them as security, without the Operator’s prior written consent.

20.2 The Operator may transfer the business related to the Service to another party (including business transfer, company split, merger, etc., regardless of form) without prior notice to users, and users are deemed to have consented in advance. In such a case, the Operator may transfer to the transferee the contractual status, rights and obligations under these Terms, users’ Registration Information, and other customer information.

Article 21 Entire Agreement

These Terms constitute the entire agreement between the Operator and users with respect to matters contained herein. Any prior oral or written agreements, representations, or understandings made before the user agreed to these Terms shall be superseded by these Terms with respect to such matters.

Article 22 Severability

If any provision of these Terms or part thereof is held invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions and the remaining portions of the invalid/enforceable provision shall remain in full force and effect. The Operator and users shall endeavor to modify the invalid or unenforceable provision or portion to the extent necessary to make it lawful and enforceable and to secure effects legally and economically equivalent to its intent.

Article 23 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Japan.

Article 24 Jurisdiction

Any disputes arising out of or in connection with these Terms or the Service shall be subject to the jurisdiction of the court of first instance having jurisdiction under the laws of Japan.

Effective date: 2026-04-24

Last revised: 2026-04-24