Terms of Service

1. General

1.1 These terms of use (the “Terms”) apply to the use of the Machi No Uwasa mobile app (the “App”) and the website owned by Stefan Humm (the “Website”; App and Website together also the “Services”) by you (the “User”, “you”, “your”). The Services are provided by Stefan Humm (“we”, ”us”).

1.2 The App enables you to write small messages or upload photos and share it within your city with other people. The user is anonymous but still needs to register in order to participate in the app. Users can post comments under other users posts and can upvote or downvote every post or comment in order to emphasize which post or comment the users liked or disliked. The services provided in the App are consisting of interactive functions that give users, in particular, the ability to post content, including, but not limited to, text, pictures and videos. For more information about the App please visit the Website. Some features of the App might also be accessible via the Website (in particular checking out posts of other App user without using an App account).

2. Creating an account

2.1 In order to use the App you must accept these Terms when you first open the App. By accepting the Terms in the App (in general by clicking on a respective button) the user submits an offer to conclude a contract for the use of the App (the “Contract”). We accept this offer of the user by providing the corresponding App services to the user. We are, however, not obliged to conclude a respective Contract with a user.

2.2 Only users that are older than 16 years of age may register for and use the App. You will be asked to verify your age in the registration process in the App. If you are under 16, you are not allowed to use the App. In addition, the use of the Services is only allowed (i) for users that are consumers, and (ii) for non-commercial purposes.

2.3 The use of the Services is free of charge for you.

3. Your right to use the App; our right to use your content

3.1 Upon conclusion of the Contract (see above section 2.1), we grant to you - subject to the limitations set forth in these Terms (see in particular sections 4 and 6 below) - a limited, non-exclusive, non-transferable, non-sub-licensable, right to use the App for the intended purposes of the App and for the duration of the Contract, limited, however, to an only personal and non-commercial use of the App.

3.2 You allow us to use the content that you post in the App (“User Generated Content”) (in particular content that is protected by intellectual property rights) in order for us to provide you with the respective App services in the App (in this context and for such purposes we are, in particular, allowed to host, use, distribute, modify, perform, reproduce, copy, publicly perform or display, translate and create derivative works of the User Generated Content (such types of use together the “Use Rights”)). The license in the aforementioned sentence is granted to us cost free and for the purpose of providing you with the App services.

3.3 We may also use the User Generated Content on our social media pages (e.g. Facebook) and /or use them in (connection with) other publications of us (e.g. books) that we might produce and distribute without any further consideration owed to you. Also in such cases and for such purposes we shall have the corresponding Use Rights.

3.4 If and to the extent the Websites also provide the User (in the future) with the possibility to post content on the Websites similar to User Generated Content (such content also the “Website User Generated Content”), then the aforementioned granting of rights in favor of our service as set forth in section 3.2 above shall apply mutatis mutandis to such Website User Generated Content. If and to the extent the Websites also provide the User (in the future) with the possibility to post Website User Generated Content, then the aforementioned granting of rights in favor of our service as set forth in section 3.3 above shall apply mutatis mutandis to such Website User Generated Content.

4. Restrictions regarding the use of the Services

4.1 You may only use the Services and the services provided in the App and on the Websites for the intended purposes of the Services, including but not limited to sharing information and engaging with other users. Any other use of the Services that is not explicitly granted to you in these Terms is (i) not allowed, and (ii) with regard to the App not covered by the license granted to you in section 3.1. In particular, you shall comply at all times with the restrictions of use and the obligations set forth in sections 4.2 to 4.3 and 6.

4.2 The User undertakes to not post in the App and/or on the Websites:

  • any illegal or unlawful content, including but not limited to content that violates applicable laws, regulations, or rights of third parties
  • content that is defamatory, insulting, slanderous, morally offensive, obscene, pornographic, is of a discriminatory nature, constitutes a criminal offence and/or is glorifying / promoting the (i) use of violence, and/or (ii) terrorism, and/or (iii) racism
  • content containing hate-speech or content that harasses, bullies, or intimidates other users of the Services
  • content that contains personal data of another person or otherwise makes another person identifiable (this also includes the posting of pictures of another person), unless (i) such other person has explicitly consented to such disclosure, or (ii) there is a statutory provision that allows such disclosure in the individual case also without a respective explicit consent of such other person
  • advertisements for commercial products and services that are not approved by us and / or perform, advertise and promote any form of structural distribution measures (such as multi-level marketing or multi-level network marketing)
  • content containing spoiler information with regard to the latest TV series, movies, podcasts, audio books, books or similar
  • content that violates third party intellectual property rights (such as e.g. copyrights, trademarks)
  • content that discloses business secrets of third parties (at least if the respective disclosure of such information is not in compliance with the applicable laws)
  • content in which you approach other users in an offensive and/or sexually-oriented way
  • fake news
  • chain letters
We reserve the right to remove User Generated Content and Website User Generated Content that does not comply with any of the rules set forth in this section 4.2.

4.3 With regard to the Services the User undertakes to not:

  • post, implement in the Services or otherwise attack the Services and/or other App users with (i) data containing viruses, worms, Trojans or other malware, and/or (ii) spam messages
  • perform any actions which may impair the operability and/or security of the App's technical infrastructure regarding the Services (in particular actions which may overload said infrastructure) and/or impair the appearance of the Services
  • create, build and/or operate without the App's explicit written consent third party websites (e.g. (social media) fan pages), apps and platforms that entirely or for the most part consist of compilations of content posted in the App and/or on the Websites by other users (the content posted in the App and/or on the Websites by other users also the “Third Party Content”; such third party websites, apps and platforms also the “Third Party Platforms” in case you are interested in operating a Third Party Platform (such as an App fan page or a similar platform) please contact us for approval before you go live with such a Third Party Platform as the operation of such a Third Party Platform might result in you being subject to (in particular) cease-and-desist claims and/or damage claims of third party users of the Services and/or the App due to a violation of e.g. the applicable (i) Copyright Law and/or (ii) Unfair Competition Law)
  • help facilitate third parties to operate, build and/or create Third Party Platforms without the App's explicit written consent (by inter alia providing Third Party Content to the operators of respective Third Party Platforms)
  • modify, alter, translate, reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the App or create derivative works based on the App (except to the extent the applicable mandatory law allows such actions)
  • interrupt the peace of other App users or try harming other App users
  • molest, intimidate, stalk or threaten other App users in any way
  • use automated systems and/or software to extract data from the Services (including Third Party Content and Services Contents (see definition below in section 6.1), in particular if such data shall be used for commercial purposes and/or be published on Third Party Platforms
  • help facilitate third parties to extract data from the Services (including Third Party Content and Services Contents (see definition below in section 6.1), in particular if such data shall be used for commercial purposes and/or be published on Third Party Platforms
  • get access to other users’ App accounts without the respective App users’ permission
  • sell, rent, lease, and/or offer products/goods and/or services in any way in the App and/or on the Websites.

5. Further obligations of the User

5.1 You are responsible for the posts that are created by you or via your device. We cannot guarantee that all Third Party Content is true and accurate. We, in general, do not (proactively) check whether the content posted by a user is (i) true and accurate, and/or (ii) in violation of the applicable laws.

5.2 In order to prevent that your device and/or your App account is compromised by third parties (e.g. through malware) you shall take all reasonable safety measures, in particular, you shall install without undue delay the most recent updates regarding (i) your device (in particular updates of the devices’ operating system), and (ii) the App.

5.3 If you become aware of any security gaps regarding the Services or material violations of these Terms by other users we are very thankful and happy if you notify our support team (using the in-app form or the form on the Websites).

6. Intellectual Property regarding the Services

6.1 The “Services Contents” are our property or the property of the respective licensor and are protected under copyright law, trademark law and/or other statutes protecting intellectual property (“Services Contents” in the meaning of these terms shall include all elements of the Services, i.e. data and material including images, graphics, illustrations, designs, symbols, photos, texts and other depictions with the exclusion of User Generated Content, Website User Generated Content and Third Party Content).

6.2 Any kind of use and/or reproduction of the Services Contents without our explicit prior consent is a violation of the applicable law and prohibited under these Terms.

7. Availability / system failure

7.1. Insofar as technically possible and economically reasonable, we strive to make the Services available at all times. However, we assume no guarantee of availability. Use can be temporarily limited if necessary due to capacity constraints, for reasons of security or system integrity or to perform technical maintenance and in order to provide proper and/or better services. In such cases Machi No Uwasa will take the Customers’ legitimate interests into account, e.g. by informing them ahead of time (if possible).

8. Limitation of Liability

The App shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use the App, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses.

9. Indemnification

Users agree to indemnify and hold the App and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of the user's use of the App, the user's violation of this Agreement, or the user's violation of any rights of another.

10. References to other websites / content

Insofar as the Services contain links and references to third parties, especially third party websites, we have no influence on the current and future design and contents of the linked websites and can therefore assume no liability. The use of these contents provided by third parties is at your own risk. Should you find that we have linked or otherwise referred to sites with illegal or questionable content, please notify us so that we can delete the link as quickly as possible.

11. Data Protection

We collect, process and use personal data insofar as is necessary in accordance with our Privacy Policy.

12. Termination

The App reserves the right to terminate or suspend any user's access to the App, without notice, for any reason or no reason. The App may also remove any user content from the App at any time, without notice, for any reason or no reason.

13. Contact

For complaints, feedback or questions regarding the Services, please contact our support team (see contact info on the Websites or in the App).

14. Changes to this Agreement

The App reserves the right to modify this Agreement at any time, without notice. Users are responsible for reviewing this Agreement periodically to ensure compliance with the most current version.

15. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law provisions.

16. Entire Agreement

This Agreement constitutes the entire agreement between the user and the App with respect to the use of the App and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the user and the App.


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