Terms
Terms of Service
Last updated: 2026-05-22
These Terms of Service (the “Terms”) set out the conditions for using the app “DailyMark” (the “Service”), provided by five-birds.com (Representative: Masaru Ishimoto; “we” or “us”). Anyone who uses the Service (a “User”) is deemed to have agreed to these Terms.
For detailed business information, see the Commercial Disclosure.
Article 1. Scope
- These Terms apply to all relationships between the User and us regarding use of the Service.
- Any instructions, guidelines, and the like that we set out separately within the Service form part of these Terms.
Article 2. Accounts
- To use the Service, the User creates an account by a method we provide (anonymous sign-in, or external authentication such as Apple ID).
- The User is responsible for managing their own account information.
- We are not liable for damages arising from third-party use of an account (except in cases of our willful misconduct or gross negligence).
Article 3. Irreversibility of records
- A “record” in the Service is finalized at the moment the User performs the “etch” action. The Service does not provide per-record editing or deletion.
- If the entire account is deleted, all records are physically deleted and cannot be recovered.
Article 4. User responsibilities
- The User bears full responsibility for the content of the records they post to the Service.
- The User must not engage in the following:
- Posting content that infringes the rights of third parties
- Posting content that is unlawful or contrary to public order and morals
- Acts that interfere with the operation of the Service
- Reverse engineering, unauthorized access, or bulk extraction of data from the Service
- Commercial use of information obtained through the Service
Article 5. Intellectual property
- Copyright in the records the User posts to the Service belongs to the User.
- The User grants us a non-exclusive, royalty-free license to use those records to the extent necessary to provide, maintain, and improve the Service.
- Intellectual property rights in the Service itself (software, design, logos, text, etc.) belong to us or the rightful rights holders.
Article 6. Subscriptions and billing
- The Service offers a free tier and a paid subscription tier.
- Paid subscriptions are provided through the Apple App Store billing system. Price, payment method, renewal conditions, and refunds follow each platform’s terms.
- Cancel subscriptions through each platform’s standard flow.
Article 7. Changes, suspension, and termination of the Service
- We may change, add to, or remove features of the Service at any time.
- We may terminate the Service by giving notice a reasonable period (as a rule, at least 30 days) in advance. Notice is given via in-app notification or to the User’s registered email address.
- Where advance notice is difficult due to emergency maintenance, safety reasons, or the termination or failure of external services (OpenAI, Anthropic, Supabase, etc.), we will give notice as promptly as reasonably possible.
- During the notice period before termination, the User can export their records (with the Pro feature, or by a method we designate).
- After the Service terminates, all of the User’s records and related information are physically deleted. They cannot be recovered or re-downloaded after termination.
- If a subscription period remains unused at termination, we will settle it either by a pro-rata refund corresponding to that period or by continuing to provide the final billing period.
Article 8. Disclaimer
- The Service is provided “AS IS.” We do not warrant the completeness, accuracy, usefulness, or fitness for a particular purpose of the Service.
- Responses from the “asking” feature are reference information generated by AI (external LLM APIs) and are not medical, legal, financial, or life advice. Please consult a professional for important decisions.
- The Service may become temporarily or permanently unavailable due to communication failures; the failure, termination, or specification changes of external services (OpenAI, Anthropic, Supabase, Apple, Sentry, etc.); natural disasters; or other causes beyond our reasonable control.
- We are not liable for damages arising from the preceding item, except in cases of our willful misconduct or gross negligence.
Article 9. Limitation of liability
- Except in cases of our willful misconduct or gross negligence, our liability for damages to the User is capped at the greater of the amount the User actually paid to the Service in the most recent one month, or JPY 1,000.
- Except in cases of our willful misconduct or gross negligence, we are not liable for indirect damages, special damages, lost profits, or damages based on data loss.
- The limitations in this Article apply to the extent they do not conflict with the Consumer Contract Act or other mandatory laws.
Article 10. Changes to these Terms
- We may change these Terms as necessary.
- For significant changes, we will announce the content and effective date via in-app notification or email.
- If the User continues to use the Service after such notice, they are deemed to have agreed to the changed Terms.
Article 11. Severability
Even if any provision of these Terms is held invalid or unenforceable under law, the validity of the remaining provisions is not affected.
Article 12. Governing law and jurisdiction
- These Terms are governed by the laws of Japan.
- Any dispute arising in connection with the Service shall be subject to the exclusive jurisdiction of the Kobe District Court as the court of first instance (the court with jurisdiction over our location).
Revision history
- v1.0 (2026-05-22): finalized business information (five-birds.com / Masaru Ishimoto) and set the court of jurisdiction as the Kobe District Court.