These Terms of Use (hereinafter referred to as “these Terms”) set out the conditions for use of the distribution service “Chalk Smako” (hereinafter referred to as “this Service”) provided by Chalk Digital Co., Ltd. (hereinafter referred to as “our company”). All users should read and confirm the contents before using this Service.
Article 1 (Application)
1. These Terms and Conditions apply to all relationships between users of the Service and our company regarding the use of the Service.
2. Our company may establish separate individual terms, rules, guidelines, etc. (collectively referred to as “Individual Terms and Conditions, etc.”) for the Service. Individual Terms and Conditions, etc. shall constitute part of these Terms and Conditions, and in the event of any contradiction or conflict between the contents of these Terms and the Individual Terms and Conditions, etc., the contents of the Individual Terms and Conditions, etc. shall take precedence.
Article 3 (User Registration)
1. Any person who wishes to use the Service (hereinafter referred to as the “Applicant”) shall register as a user in accordance with the method specified by the Company. The Applicant shall register as a user upon consent to the contents of these Terms and Conditions, and the Company will deem that the Applicant has consented to the contents of this Agreement at the time of User Registration.
2. When the Company approves the Applicant’s use of the Service and notifies the Applicant that User Registration is complete, a contract containing these Terms and Conditions (hereinafter referred to as the “User Agreement”) will be concluded between the Company and the Applicant, and the Applicant will be able to use the Service as a user.
3. The Company may not approve the Applicant’s use of the Service if it determines that any of the following applies to the Applicant. However, the Company is under no obligation to disclose the reasons for its decision.
(1) If you provide false information when registering as a user.
(2) If you are a person who has previously violated these Terms and Conditions or is related to such a person.
(3) If we determine that you belong to or are likely to belong to anti-social forces (as defined in Article 17), or that you have some kind of interaction or involvement with anti-social forces, such as cooperating with or being involved in the maintenance, operation or management of anti-social forces through funding or other means.
(4) If we determine that you will use the Service for the purpose of violating the compliance requirements set forth in Article 10, Paragraph 1.
(5) If we otherwise determine that your use of the Service is inappropriate.
Article 4 (ID and Password Management)
1. Users shall manage their ID and password for this Service at their own risk. Under no circumstances may users transfer or lend their ID and password to a third party.
2. Users shall be responsible for any damages resulting from insufficient management of their ID and password, errors in use, or use by a third party, and the Company shall not be held liable in any way.
3. If a user discovers that their ID or password has been used fraudulently by a third party, they shall immediately notify the Company and follow instructions from the Company.
4. If the ID and password combination matches the information registered by the user, the Company will consider it to have been used by the user themselves.
Article 5 (Service Contents)
1. This Service allows users to distribute content such as images, videos, and text that they have created, edited, or selected themselves (hereinafter referred to as “Distribution Content”) on a specified distribution date, distribution period, and distribution area by entering the required information.
2. Distribution Content will be distributed to websites or applications (hereinafter referred to as “Distribution Sites, etc.”) that we deem appropriate.
3. Users can check information such as the actual distribution date, distribution period, and distribution area on this Service. However, the information that can be checked may be changed at our discretion.
4. Users can cancel distribution prior to the distribution date.
Article 6 (No guarantees)
The Company is only obligated to provide the Service as set forth in the preceding Article, and does not guarantee any other matters, including that the Service will increase the advertising effectiveness of the User’s business, etc., that the Service will be delivered to the website, etc. that the User desires, or that the data desired by the User can be collected.
Article 7 (Distribution Content)
1. When creating, editing, or selecting distribution content, users shall comply with the following conditions regarding the content of the distribution content:
(1) It shall not contain any content that is criminal or related to a crime;
(2) It shall not contain any content intended to be used for criminal or criminal-related activities;
(3) It shall not contain any content that is fraudulent or threatening to our company, other users of the Service, or third parties;
(4) It shall not be likely to induce, encourage, or promote a crime or an act that violates laws and regulations;
(5) It shall not contain any obscene language or obscene images;
(6) It shall not be likely to damage the honor or credibility of others
; (7) It shall not be likely to damage the dignity of a nation, ethnicity, etc., both domestic and foreign;
(8) It shall not be contrary to public order and morals; (9) It shall not contain
any content related to sexual customs, such as solicitation for sexual services. (10) It does not contain
content that affirms or glorifies suicide, violence, gambling, drugs, prostitution, etc.
(11) It does not contain information related to relationships, such as content that requests relationships with the opposite sex or the same sex, or content that responds to such requests.
(12) The location of the distribution destination must be clear.
(13) It does not place an excessive burden on the Service.
(14) It does not contain content that solicits religious organizations or is related to missionary activities.
(15) It does not contain content that is anti-social, such as belonging to or likely to belong to anti-social forces (defined in Article 17), or that cooperates with or is involved in the maintenance, operation, or management of anti-social forces through funding or other means.
(16) It does not contain content that may be considered to have any kind of interaction or involvement with any group.
(17) It does not contain content that may cause misunderstanding of facts.
(18) It does not contain content that is unscientific or superstitious and may cause anxiety to viewers.
(19) It does not contain content that is likely to cause anxiety to viewers.
(20) It does not contain content that is ugly, cruel, or grotesque and may cause discomfort.
(21) It does not contain content that strongly evokes fear.
(22) It does not contain content that leads to discrimination on grounds such as race, sex, age, physical characteristics, etc.
(23) It does not contain content that is likely to cause anxiety to viewers.
(24) It does not contain any content that violates international treaties, laws, regulations, or prefectural ordinances.
(25) It does not infringe or is likely to infringe the rights of third parties, including other users.
(26) It does not infringe or is likely to infringe the copyrights of third parties, including other users.
(27) It is not restricted by law from being disclosed or provided to third parties (including our company).
(28) It does not contain false information.
(29) It does not violate laws, regulations, or the provisions of these Terms of Use.
(30) It does not contain any other matter that our company deems inappropriate.
2. If the Company determines that the content being distributed does not comply with the conditions set forth in the preceding paragraph, the Company will discontinue distribution.
3. The Company shall not be liable for any damages suffered by users or third parties due to the suspension of distribution pursuant to the preceding paragraph.
4. If the User violates or is deemed to be in violation of Paragraph 1, the Company may immediately terminate this Agreement without any notice or warning, in addition to the measures set forth in Paragraph 2. Furthermore, the Company shall not be liable for compensation for damages incurred by the User as a result of such termination.
5. If the Company suffers damages due to a user’s violation of paragraph 1, the user shall be liable to compensate for such damages.
Article 8 (Rights to Streaming Content)
1. Copyrights related to streaming content (including copyrights set out in Articles 27 and 28 of the Copyright Act; the same applies below) belong as follows:
(1) Content posted as a template available on the Service: belongs to the Company.
(2) Content in (1) above that has been edited by the User: belongs to the Company.
(3) Content created solely by the User, not based on the content in (1) above: belongs to the User.
2. The User shall grant the Company and any person designated by the Company a license to use, free of charge, any Distribution Content for which the copyright belongs to the User.
3. The User shall not exercise moral rights of author against the Company or any person designated by the Company.
Article 9 (Links to Streaming Content)
1. We assume no responsibility for the content of web pages linked to Streaming Content (web pages displayed when clicking on Streaming Content; hereinafter referred to as “User Pages”). Users are responsible for managing their User Pages.
2. Users must comply with the conditions set forth in each item of Article 7, Paragraph 1 regarding the content of their User Pages. If we determine that the content of a User Page does not comply with these conditions, we may take action such as suspending distribution, deleting the Streaming Content, unlinking, or deleting the User Page.
3. Users may create User Pages on the Service. In such cases, the copyright and all other rights to the created User Page belong to us, and we may edit the content of the User Page for the proper operation of the Service, etc. Furthermore, users shall not exercise their moral rights against us or anyone designated by us.
Article 10 (Matters to be Complied with)
1. When using the Service, the User shall not, either himself or through a third party, engage in any of the following acts:
(1) Criminal or criminal-related acts;
(2) Use of the Service with the intent of committing a crime or a criminal-related act;
(3) Fraudulent or threatening acts against the Company, other users of the Service, or third parties;
(4) Acts that may induce, encourage, or promote a crime or an act violating laws and regulations;
(5) Submitting false information to the Company;
(6) Using the ID of another User.
(7) Using the Service using another user’s account;
(8) Promoting discrimination, prejudice, racism, hatred, harassment, or infringement against individuals or groups;
(9) Violent or threatening acts against people or animals, and acts that promote these;
(10) Excessively violent or cruel expressions;
(11) Encouraging or encouraging illegal gambling or participation in illegal gambling;
(12) Drug abuse and expressions that promote these;
(13) Expressions that cause severe physiological aversion and unhygienic acts;
(14) Suicide, self-injury, and acts that promote these;
(15) Warning of criminal acts;
(16) Acts with the purpose of meeting members of the opposite or same sex who the user has not met;
(17) Acts that induce or encourage minors to run away from home or other delinquency;
(18) Acts that may have a negative impact on the physical and mental health of minors;
(19) Pyramid schemes, multilevel marketing transactions, and other similar acts. (20) Any act that is intended to advertise, promote, or solicit transactions ;
(21) Any act that makes a monetary demand ;
(22) Any act that may cause misunderstanding, confusion, inconvenience, or discomfort to other users;
(23) Any act that may cause conflict with other users; (24) Any act that the Company deems unacceptable from an ethical point of view;
(25) Any act that interferes with or may cause disruption to the operation of the Service;
(26) Any act that infringes or may infringe the intellectual property rights or other rights of third parties such as the Company or other users;
(27) Any act that disassembles, decompiles, reverse engineers, or otherwise modifies or alters all or part of the system that provides the Service (hereinafter referred to as the “Service System”);
(28) Any act that is contrary to public order and morals or any act that violates or may violate other laws and regulations;
(29) Any act that violates laws, regulations, or any provision of these Terms and Conditions;
(30) Any other act that the Company deems inappropriate for a User.
2. If the Company determines that a User has violated or is likely to violate the preceding paragraph, or if it is discovered after User registration that a User has violated Article 3, Paragraph 4, the Company may suspend provision of the Service without prior notice.
3. The Company shall not be liable for any damages suffered by users or third parties due to the suspension of provision of the Service pursuant to the preceding paragraph.
4. If the User violates or is deemed to be in violation of Paragraph 1, or if any violation of Article 3, Paragraph 4 is discovered after User registration, the Company may immediately terminate this Agreement without any notice or warning, in addition to the measures set forth in Paragraph 2. Furthermore, the Company shall not be liable for compensation for damages incurred by the User as a result of such termination of the Agreement.
5. If the Company suffers damages due to a user’s violation of paragraph 1, the user shall be liable to compensate for such damages.
Article 11 (Fees)
1. When streaming, users shall pay the fees separately determined by our company (hereinafter referred to as the “Service Fee”) in the manner specified by our company. The Service Fee is determined according to the number of streams (impressions).
2. If a user is late in paying the fee, our company may suspend the provision of the Service to that user and terminate this Agreement without any prior notice.
Article 11-2 (Refund)
1. If any of the following events occurs, the Company shall refund the amount specified in the relevant item for the service usage fee paid pursuant to Paragraph 1 of the preceding Article, and the User shall have the right to claim such refund (hereinafter referred to as the “Right to Claim Refund”).
(1) If the User cancels distribution or the Company suspends distribution pursuant to these Terms and Conditions before the distribution date: the full amount of the service usage fee paid for the distribution.
(2) If the User cancels distribution or the Company suspends distribution pursuant to these Terms and Conditions after distribution has begun but before the expiration of the distribution period: the remaining amount obtained by deducting the fee for the number of distributions made up to the suspension from the service usage fee already paid.
2. If the user exercises their right to request a refund, the Company will make the refund in one of the following ways. The user will be responsible for any bank transfer fees and other costs incurred in making the refund.
(1) If the refund procedure deadline for the credit card is still in effect: By refunding the amount to the credit card (the timing of the refund will vary depending on the credit card company).
(2) If the refund procedure deadline for the credit card has passed: By bank transfer to the bank account designated by the user.
3. If a User has a right to claim a refund, the User may offset the right to claim a refund against the payment obligation of the service fee in equal amounts at the time of payment of the service fee, provided that the right to claim a refund is within six months of the occurrence of the right.
4. Notwithstanding the provisions of the preceding paragraphs, if a user fails to take any refund or offsetting procedures within six months of the occurrence of the user’s right to claim a refund, or if the service agreement with the user is terminated within six months of the occurrence of the right to claim a refund (regardless of the reason; the same applies hereinafter in this Article), the Company will make a refund by bank transfer to the bank account designated by the user. However, if the user has not provided the Company with their bank account information by the time of the refund (six months after the occurrence of the right to claim a refund or the termination of the service agreement), the user will be deemed to have waived their right to claim a refund, and no refund will be made.
5. Users can check the refund amount in their account for this service. However, due to discrepancies in payment timing, etc., we cannot guarantee the accuracy of the figures.
6. The Company will not provide refunds other than those specified in this Article.
Article 12 (Linkage with External Services)
1. Users may link their accounts on external services (hereinafter referred to as “External Service Accounts”) with the Service by following the procedures specified by the Company.
2. When linking an External Service Account with the Service, Users agree that the Company may collect and use information about the User from the relevant External Service.
3. Users shall be solely responsible for the registration, management, use, etc. of External Service Accounts and shall comply with the terms and conditions established by the operating company of the External Service.
4. The Company shall not be liable for any disputes arising in relation to External Service Accounts (including disputes arising between users and the operating company of the External Service).
Article 13 (Intellectual Property Rights)
1. All intellectual property rights, such as copyright, related to this service system and all other rights belong to our company and those who have granted licenses to our company.
2. All intellectual property rights, such as copyright, related to data acquired by our company through the performance of this service and all other rights belong to our company.
Article 14 (Liability and Disputes)
1. Regardless of the reason, if the Company is liable for damages suffered by a user in connection with the Service, the scope of such liability will be limited to the direct and ordinary damages actually incurred by the user due to reasons attributable to the Company, and will not exceed the total amount of fees paid by the user up to the time such damage occurred. However, this does not apply in cases where such damage is due to the Company’s willful misconduct or gross negligence.
2. If a dispute arises between a user and a third party due to the user’s use of the Service, the user shall resolve such dispute at the user’s expense and responsibility and shall not cause any damage to the Company.
Article 15 (Suspension/Cancellation)
1. Our company may suspend provision of the Service if any of the following events occur. However, for items 4 to 7, we may suspend provision of the Service to the relevant user and may cancel this Agreement with that user.
(1) When maintenance or updates are performed on the Service system;
(2) When a failure or other trouble occurs in the Service system or communication lines, etc.;
(3) When it becomes difficult to provide the Service due to force majeure such as an earthquake, lightning strike, fire, power outage, or natural disaster;
(4) When a User suspends or becomes insolvent, or when a petition for bankruptcy, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement of special liquidation, or similar proceedings is filed against the User;
(5) When a bill or check issued or accepted by the User is dishonored;
(6) When a petition for seizure, provisional seizure, provisional disposition, compulsory execution, or auction is filed against the User;
(7) When a User is subject to a disposition for delinquent payment of taxes and public dues;
(8) When a User violates laws, regulations, or these Rules;
(9) When the Company otherwise determines that it is necessary to suspend or stop the Service.
2. The Company shall not be liable for any damages suffered by the User or a third party due to the suspension of the Service pursuant to the preceding paragraph.
Article 16 (Handling of Information)
1. The Company will use information obtained from Users (including, but not limited to, personal information as defined in the Act on the Protection of Personal Information) for the following purposes:
(1) Providing, operating, and improving the Service and responding to inquiries from Users
(2) Providing information about the Service and other services and solutions provided by the Company, as well as products and services handled by the Company, its shareholders, its group companies, and parties entrusted with sending advertisements to the Company
(3) Understanding the usage status of the Service
(4) Considering new services
2. In addition to the preceding paragraph, the Company will handle information obtained from Users in accordance with its Privacy Policy.
Article 17 (Exclusion of Anti-Social Forces)
1. The user represents and warrants that the user (including the directors if the user is a corporation) does not currently or will not fall under any of the following items (any person who falls under any of the following items will hereinafter be collectively referred to as “Anti-Social Forces”):
(1) Organized Crime Group (meaning an entity defined in the “Act on Prevention of Unjust Acts by Organized Crime Group Members”; the same applies below.)
(2) Organized Crime Group Member (member of an organized crime group)
(3) Associate member of an organized crime group
(4) Organized Crime Group-related company
(5) Corporate racketeers, etc., social activists, organizations claiming to be engaged in political activities, or special intelligence violent groups, etc.
(6) Groups or individuals who pursue economic gain by making full use of violence, intimidation and fraudulent methods, or other persons equivalent to those in the preceding items
2. Users shall undertake to not have, now or in the future, any relationship falling under any of the following items with any of the antisocial forces in the preceding paragraph or any person who has close ties with antisocial forces (hereinafter collectively referred to as “antisocial forces, etc.”):
(1) A relationship in which the management of the user is controlled by antisocial forces, etc.
(2) A relationship in which antisocial forces, etc. are substantially involved in the management of the user, etc.
(3) A relationship in which funds, etc. are provided to antisocial forces, etc. or convenience is provided to
antisocial forces, etc.
(4) Any other relationship with antisocial forces, etc. that should be socially criticized.
3. Users undertake not to engage in any of the following acts:
(1) Using fraud, violent acts, or threatening language, either by themselves or through a third party;
(2) Contrary to the facts, conveying that they are anti-social forces, or that related organizations or related parties are anti-social forces;
(3) Using themselves or through a third party to engage in acts that damage or are likely to damage the reputation or credibility of the other party;
(4) Using themselves or through a third party to engage in acts that interfere with or are likely to interfere with the business of the other party.
4. If the Company becomes aware that a User has violated or is likely to violate any of the provisions of the preceding paragraphs, the Company may immediately terminate this Agreement without any notice or warning. Furthermore, the Company shall not be liable to compensate the User for any damages incurred by the User as a result of such termination, and the User shall be liable to compensate the Company for any damages incurred by the User as a result of such termination.
Article 18 (Notification)
Notifications from our company to users will be made in the manner specified by our company.
Article 19 (Changes to Service Content)
1. The Company may change the content of the Service at any time at its discretion.
2. The Company may terminate the provision of the Service by notifying the User in advance. However, in unavoidable circumstances, the Company may omit notice.
Article 20 (Cancellation)
1. The user may cancel the service agreement and delete their registration at any time by following the necessary procedures specified by our company.
2. If the service agreement is terminated by the user in accordance with the preceding paragraph, our company will treat all distribution of content by said user as canceled and may suspend the distribution of all content that was being distributed at the time of cancellation.
3. If our company suffers damages as a result of the user’s termination of the service agreement, our company may claim compensation for said damages from the user.
Article 21 (Force Majeure)
If we are unable to perform our obligations, such as providing or delivering the Service, due to natural disasters, infectious diseases, war, riots, civil unrest, the enactment, amendment or repeal of laws and regulations, orders or dispositions by public authorities, strikes and other labor disputes, transportation accidents, or other reasons beyond our control, we shall not be liable for such.
Article 22 (Changes to these Terms)
1. The Company may change these Terms if it deems it necessary.
2. If the Company makes any changes as set forth in the preceding paragraph, the Company will display on its website or elsewhere the fact that these Terms will be changed, the content of the changes, and the date on which the changes will take effect. 3.
If a User uses the Service after the date on which the changes to these Terms take effect has passed, the User will be deemed to have agreed to the changed Terms.
Article 23 (Measures after contract termination)
If the service contract is terminated for any reason, the Company may delete the information and data registered on the Service, such as the User’s distributed content. The Company shall not be obligated to restore the deleted information and data, even if the User resumes use of the Service.
Article 24 (Survival Clauses)
In the event that the Service Agreement is terminated for any reason, Article 6, Article 7, Paragraph 3, Article 8, Paragraph 2, Article 9, Paragraphs 1 and 3, Article 10, Paragraph 3, Article 11-2, Article 12, Paragraphs 3 and 4, Article 13, Article 14, Article 15, Paragraph 2, Article 20, Paragraph 3, Article 21, and Articles 23 to 27 shall remain in effect.
Article 25 (Severability)
Even if any provision or part of any provision of these Terms and Conditions is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and Conditions shall continue to be in full force and effect.
Article 26 (Prohibition of Transfer of Rights and Obligations)
Users may not transfer or have any third party transfer or pledge their rights or obligations under the Terms of Use to a third party without our prior written consent.
Article 27 (Jurisdiction and Applicable Law)
1. The interpretation and application of this Agreement shall be governed by the laws of Japan.
2. Any disputes relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court as the court of first instance.
Established on March 9, 2025
Established on January 8, 2026
End