Terms of Service for Gratitude Services （日本語 / English）
HEART SHAKER, a general incorporated association (一般社団法人) (hereinafter, the “Association”), hereby establishes these Terms of Service (hereinafter, these “Terms”) governing the use of the following gratitude-related services provided by the Association (hereinafter, individually or collectively, the “Services”).
Note: This English version is provided for reference only. In the event of any discrepancy between this English version and the Japanese original, the Japanese version shall prevail.
– ThanksMe (a service that publicly shares gratitude posts, awards points for such acts, and enables exchange of points and rank certification)
– THX! (a service that allows gratitude posts and TP to be sent to third parties by email or QR code)
– Thanks Record (a service for the private recording and milestone management of gratitude posts)
– Thanks Power (a service for the introspective recording of gratitude posts and their transmission to third parties)
– ThankRize (a service that publicly shares records of gratitude and awareness within a community)
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Article 1 (Application)
1. These Terms apply to all relationships between the Association and Users in connection with the use of the Services.
2. Any individual guidelines, notices, precautions, or similar materials posted by the Association within the Services (hereinafter, “Individual Rules”) shall constitute part of these Terms.
3. Where the content of these Terms differs from that of the Individual Rules or from any other explanation of the Services provided outside these Terms, the Individual Rules or such other explanation shall prevail.
Article 2 (Definitions)
The terms used in these Terms shall have the meanings set forth below.
1. “User” means an individual or a corporation that uses the Services having agreed to these Terms.
2. “Gratitude Post” means text, images, or other content expressing gratitude that a User posts through the Services.
3. “Thanks Point (TP)” means points usable within the Services that are awarded for Gratitude Posts or other acts designated by the Association.
4. “Registration Information” means the User’s name, nickname, date of birth, email address, and other information provided to the Association upon registration for the Services.
5. “Nickname” means the name a User sets to identify themselves within the Services; the display name of a User made public within the Services shall be limited to the Nickname.
6. “Post(s)” means Gratitude Posts and any other comments, tags, images, or other information transmitted by a User to the Services.
Article 3 (Agreement to These Terms)
1. A User shall use the Services in accordance with these Terms, having agreed to them.
2. Where a minor uses the Services, such use shall be subject to the consent of a parent or other legal representative.
## Article 4 (Registration)
1. A person wishing to use the Services shall apply for registration by the method prescribed by the Association, and registration shall be completed upon the Association’s approval of such application.
2. The Association may decline to approve an application for registration where it determines that the applicant falls under any of the following, and shall bear no obligation whatsoever to disclose its reasons for doing so:
– The applicant has made a false statement in the application;
– The applicant has previously violated these Terms; or
– The Association otherwise determines that registration is not appropriate.
Article 5 (Management of Registration Information)
1. Users shall be responsible for appropriately managing their own IDs, passwords, and other credentials relating to the Services (hereinafter, “Account Information”).
2. Under no circumstances may a User transfer, lend, or share Account Information with any third party.
3. Except where the Association has acted with intent or gross negligence, the Association shall bear no liability whatsoever for any damage arising from a third party’s use of a User’s Account Information.
4. Where a User forgets or has had their Account Information stolen, the User shall promptly notify the Association and follow the Association’s instructions.
Article 6 (Gratitude Posts and Scope of Disclosure by Service)
1. In none of the Services will a User’s legal name be made public. Where a Post is made public, the User’s display name shall be limited to the Nickname, and the User’s legal name or other Registration Information shall not be disclosed to third parties.
2. The scope of disclosure of Posts under each Service shall be as follows:
– ThanksMe: The full content of Gratitude Posts is made public together with the User’s Nickname and shared with other Users.
– THX!: Only the fact that a Gratitude Post has been sent and received is shared, with the Nickname and content withheld; the content of the Post itself is not made public.
– Thanks Record: Gratitude Posts are kept private and used solely for the User’s own milestone management.
– Thanks Power: Gratitude Posts are, in principle, kept private and are disclosed only to the third party designated by the User for transmission.
– ThankRize: The full record of gratitude and awareness is made public together with the User’s Nickname and shared within the community.
3. Users shall post with an understanding of the scope of disclosure applicable to the Service they use, and the Association shall bear no responsibility for any disadvantage arising from a User’s misunderstanding of the disclosure settings.
4. Where the Association determines that the content of a Post falls under the prohibited acts set forth in Article 7, the Association may take measures to hide or delete the Post without prior notice to the User.
5. Even where a User’s contract for use of the Services has terminated due to withdrawal or otherwise, the User’s Posts shall remain stored within the Services, and the Association may, without prior notice to the User and within the scope of the rights licensed to the Association under Article 10, continue to store, hide, or delete all or part of such Posts. However, the handling of Registration Information such as the User’s legal name shall be governed by the Privacy Policy.
Article 7 (Prohibited Acts)
In using the Services, a User shall not engage in any act falling under any of the following:
1. Acts that violate laws, regulations, or public order and morals;
2. Acts related to criminal conduct;
3. Acts that infringe the intellectual property rights, rights of publicity, privacy, honor, or other rights or interests of the Association, other Users, or third parties;
4. Posting Gratitude Posts contrary to fact, or otherwise posting false content;
5. Impersonating another User;
6. Providing benefits to, or otherwise cooperating with, anti-social forces;
7. Fraudulently acquiring TP, or attempting to exchange or cash out TP by improper means;
8. Acts that may interfere with the operation of the Services or damage their credibility;
9. Conducting advertising, promotion, solicitation, or sales activities without authorization;
10. Collecting or accumulating the personal information of other Users;
11. Lending Account Information to a third party or otherwise using it improperly;
12. Unauthorized access, or attempts thereat;
13. Analyzing the source code or other elements of the Services by a method not intended by the Association, for the purpose of interfering with the Association’s operation of the Services;
14. Fraudulently acquiring TP through repetitive posting, the use of automated tools, or similar means; and
15. Any other act that the Association determines to be inappropriate.
Article 8 (Thanks Points (TP))
1. TP shall be awarded for Gratitude Posts and other acts in accordance with criteria separately established by the Association. Such criteria may be changed at the Association’s discretion.
2. TP may be used, within the scope prescribed by the Association, for the following purposes. The available uses may differ by Service at the Association’s discretion:
– Decorative items within the Services (such as wallpaper) or rank/title certification;
– Exchange for Amazon gift certificates or other prizes designated by the Association; and
– Other uses separately prescribed by the Association (which may in the future include the airdrop of crypto-assets).
3. TP may not be exchanged, cashed out, or redeemed for Japanese yen or any other legal currency. TP has no monetary or property value, and Users may not claim any payment from the Association in respect of TP.
4. Where the Association implements a crypto-asset airdrop or similar arrangement funded by TP in the future, whether to implement such arrangement, the eligible recipients, the conditions, and other matters shall be separately determined by the Association, and the Association may elect not to implement such arrangement depending on compliance with applicable laws and regulations and other circumstances. Once such implementation becomes concrete, the Association will establish separate rules and notify Users accordingly.
5. TP may be subject to an expiration period established by the Association. TP that has passed its expiration period shall lapse.
6. Where the Association determines that a User has engaged in wrongful conduct, the Association may invalidate all or part of the TP held by that User.
7. Where a User’s contract for use of the Services terminates due to withdrawal or otherwise, any TP held by the User shall lapse regardless of the reason, and the Association shall provide no substitute or compensation therefor.
8. The Association may, in connection with the exchange of prizes, obtain from a User information such as their name, address, and telephone number; such information shall be used solely to the extent necessary for shipping the prize and related procedures, and shall not be used for any other purpose. Details of the handling of such information shall be governed by the separately established Privacy Policy.
9. Once a User has used TP, the User may not cancel such use.
Article 9 (Gratitude Ranks and Certification)
1. The Association may award a User a gratitude rank or other certification (hereinafter, “Rank, etc.”) based on TP or other indicators.
2. The criteria for awarding, and the manner of displaying, Rank, etc. shall be separately determined by the Association and may be changed without notice.
3. Rank, etc. is an honorary designation awarded by the Association within the Services and does not constitute a legal qualification or carry any other legal effect.
Article 10 (Rights Relating to Posts)
1. The copyright and other rights in a Post created by a User shall belong to the User who created that Post.
2. The User grants the Association a royalty-free license to reproduce, publicly transmit, adapt, edit, and otherwise use the Post for the purposes of providing, improving, and advertising the Services.
3. The User shall not exercise moral rights of the author against the Association or any person to whom the Association has succeeded or licensed such rights.
4. The User warrants that their Posts do not infringe the rights of any third party.
Article 11 (Copyright in the Services)
Except as set forth in the preceding Article, the copyright in all data, information, text, images, software, and other works contained in the Services shall belong to the Association.
Article 12 (Suspension of the Services)
The Association may suspend or discontinue the provision of all or part of the Services without prior notice to Users where it determines that any of the following circumstances applies. Except where the Association has acted with intent or gross negligence, the Association shall bear no liability for any damage suffered by a member as a result of such circumstances:
1. Maintenance, inspection, or updating of the systems relating to the Services;
2. Where the provision of the Services becomes difficult due to force majeure such as earthquake, lightning, fire, power outage, or other natural disaster;
3. Where a computer or communication line has stopped functioning due to an accident; or
4. Any other circumstance in which the Association determines that provision of the Services has become difficult.
Article 13 (Deletion of Posts and Registration Information for Operational Reasons)
1. Regardless of whether a User has violated these Terms, the Association may delete, hide, or consolidate all or part of a User’s Posts or Registration Information in any of the following cases:
– Changes to system specifications, maintenance, migration, or other technical reasons;
– Organizing dormant accounts that have not been logged into or used for an extended period (as separately determined by the Association);
– Termination or discontinuation of the Services or any function thereof;
– Establishing an upper limit on the retention period or volume of data due to storage capacity or other system constraints;
– Where the Association determines that continued storage is no longer appropriate due to the enactment or amendment of laws, guidelines, or other circumstances; or
– Any other case where the Association determines such action is necessary for the operation of the Services.
2. Where the Association deletes Posts or Registration Information under the preceding paragraph, it will endeavor to notify the User in advance to the extent practicable; however, prior notice may be omitted in urgent cases or where other reasonable grounds exist.
3. Except where the Association has acted with intent or gross negligence, the Association shall bear no liability for any damage suffered by a User as a result of the deletion described in the preceding paragraph.
4. Where the Services are discontinued in their entirety, the Association may, after notifying Users in advance by a method it separately determines, delete Users’ Posts, Registration Information, and TP. In such case, the handling of TP shall be governed by Article 8, Paragraph 7.
Article 14 (Restriction of Use and Deregistration)
The Association may, without prior notice, delete a User’s Posts, invalidate their TP, restrict their use of the Services, or cancel their registration where the User falls under any of the following:
1. The User has violated any provision of these Terms, including, without limitation, by making any of the following Posts:
– Posts constituting defamation, discriminatory expression, or harassment;
– Posts containing violent or cruel expression;
– Posts containing obscene or other sexual expression;
– Posts that may encourage or induce suicide, self-harm, or other dangerous conduct;
– Posts containing personal information that could identify another User or third party;
– Posts containing content contrary to fact or false expressions of gratitude;
– Posts containing excessive religious or political assertions;
– Posts constituting advertising, solicitation, spam, or other commercial activity; or
– Posts constituting impersonation or otherwise likely to cause confusion as to identity;
2. It is discovered that the User’s Registration Information contains false statements; or
3. The Association otherwise determines that the User’s use of the Services is inappropriate.
Article 15 (Withdrawal)
A User may withdraw from the Services by the procedure prescribed by the Association. The handling of Posts and TP upon withdrawal shall be governed by Articles 6 and 8, Paragraph 7.
Article 16 (Disclaimer of Warranties and Limitation of Liability)
1. The Association makes no express or implied warranty that the Services are free of defects, whether factual or legal (including defects relating to safety, reliability, accuracy, completeness, validity, or fitness for a particular purpose, as well as errors, bugs, or infringement of rights).
2. Except where the Association has acted with intent or gross negligence, the Association shall bear no liability whatsoever for any damage suffered by a User arising from the Services.
3. Notwithstanding the proviso to the preceding paragraph, the Association’s liability for damages shall be limited to the amount of the usage fee paid by the User to the Association for the month in which the damage occurred (or JPY 0 in the case of a free service). This limitation shall not apply, however, where a separate individual agreement (such as a paid-service agreement) exists between the Association and the User, in which case the terms of that agreement shall govern.
4. The Association shall bear no liability whatsoever for any transaction, communication, dispute, or other matter arising between a User and a third party in connection with the Services.
5. Where the User’s contract for use of the Services is subject to Japan’s Consumer Contract Act, Paragraphs 2 and 3 of this Article shall not apply, and the Association shall be liable for damage suffered by the User arising from the Services where the Association has acted with intent or negligence. However, where the Association’s conduct involves negligence alone (excluding intent or gross negligence), the Association’s liability for damages shall be limited to the User’s actual, direct, and ordinary damages, and shall not exceed JPY 1,000.
Article 17 (Amendment of These Terms)
The Association may amend these Terms without obtaining the consent of Users where either of the following applies. If a User begins using the Services after an amendment to these Terms, the User shall be deemed to have agreed to the amended Terms. Where the Association amends these Terms, it will give notice of the amendment, the content of the amended Terms, and the effective date of the amendment by posting such information on the Association’s website:
– The amendment conforms to the general interests of Users; or
– The amendment does not contravene the purpose of the contract for use of the Services and is reasonable in light of the necessity for the amendment, the appropriateness of the content after amendment, and other circumstances relating to the amendment.
Article 18 (Handling of Personal Information)
The Association shall appropriately handle personal information obtained through the use of the Services in accordance with the Privacy Policy separately established by the Association.
Article 19 (Notices and Communications)
Notices or communications between a User and the Association shall be made by the method prescribed by the Association. Unless the Association receives a change-of-details notification from the User in the manner separately prescribed by the Association, the Association shall treat the User’s currently registered contact information as valid and shall send notices or communications to that contact information, which shall be deemed to have reached the User at the time of transmission.
Article 20 (Prohibition on Assignment of Rights and Obligations)
A User may not assign or provide as security their position under the contract for use of the Services, or any right or obligation arising under these Terms, to a third party without the prior written consent of the Association.
Article 21 (Governing Law and Jurisdiction)
1. These Terms shall be governed by and construed in accordance with the laws of Japan.
2. Any dispute arising in connection with the Services shall be subject to the exclusive jurisdiction of the court having jurisdiction over the location of the Association’s principal office.
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Effective Date: July 31, 2026
General Incorporated Association HEART SHAKER
Representative: General Representative Director Kaneto KANEMOTO