These Terms of Use (hereinafter referred to as the **Terms**) apply to all matters related to the use of **PONGE** (hereinafter referred to as the **Service**), operated and provided by GREATEARTH CO., LTD. (hereinafter referred to as the **Company**).
## Article 1 (Content of the Service and Role of the Company)
1. The Service is an information matching and community support platform primarily intended for **LGBTQ users** to connect with each other based on hobbies, interests, etc., and for **Business Users** to promote and introduce their stores, products, and services.
2. The content of the Service is governed by these Terms and guidelines separately established by the Company.
3. The Service aims to provide means and venues for users to interact, such as posting content and exchanging messages. **The Company is not a party to any interactions between users, including conversations or in-person meetings.**
## Article 2 (Definitions)
The meanings of the following terms in these Terms shall be as set forth in each respective item.
1. **User** is a collective term for General Users and Business Users as defined in Items 2 and 3.
2. **General User** refers to an individual whose use of the Service has been approved in accordance with Article 4 (General User Registration).
3. **Business User** refers to an individual or corporation who is permitted to use the Service as a business operator.
4. **Service Agreement** refers to the agreement between the Company and the User regarding the use of the Service in accordance with these Terms.
5. **Guidelines** refers to all rules regarding the use of the Service posted by the Company on the Service (including but not limited to guidelines and FAQs).
6. **Registration Information** refers to matters registered or reported to the Company upon application under Article 4 (General User Registration) Paragraph 1 or when using the Service.
7. **User Information** refers to all information registered or provided by the User to the Company in connection with the use of the Service, as well as all information obtained through the use of the Service, in addition to Registration Information.
8. **Account** refers to all authentication information related to the account, such as email address, password, etc.
9. **Posts** refers to postings for recruitment, self-introductions, etc. using the posting function within the Service, as well as conversations, inquiries, and communications exchanged using the messaging function, etc.
10. **User Content** refers to profile photos, recruitment content, messages, and other content posted by users on the Service.
11. **Intellectual Property Rights** refers to copyrights (including rights under Articles 27 and 28 of the Copyright Act), patent rights, utility model rights, trademark rights, design rights, other intellectual property rights, and rights to acquire or apply for registration of such rights.
12. **PONGE** refers to information about stores, events, locations, etc. registered and posted by users on the Service.
13. **Chat Function** refers to the function for users to exchange messages with each other in real time.
## Article 3 (Use of the Service)
* General Users must agree to and comply with these Terms when using the Service. The Guidelines shall be deemed to constitute a part of these Terms.
* General User registration is required to use the Service.
* General Users shall post content after fully confirming and understanding the Guidelines and matters notified or announced by the Company.
* The Company may freely change the functions, content, design, etc. of the Service from time to time for the purpose of improving user convenience and the Service, and General Users may use the Service after consenting to this in advance.
## Article 4 (General User Registration)
1. Individuals wishing to use the Service (hereinafter referred to as **Applicants**) shall apply for use of the Service in the manner prescribed by the Company after agreeing to these Terms.
2. Applicants may only register as **one user per person**, and multiple user registrations or applications are not permitted.
3. The Company may request Applicants to submit materials for identity verification as designated by the Company, and Applicants must comply with such requests.
4. **The Service is available only to adults aged 18 or older, and minors may not use it even with parental consent.**
5. Applicants must register accurate and truthful information and must update it immediately if there are any changes.
6. The Company will determine eligibility for use according to separately established criteria, and the Service Agreement will be established upon approval.
7. The Company may refuse registration in the following cases and is not obligated to disclose the reasons.
* If there is false, erroneous, or omitted information
* If the applicant fails to submit requested materials
* **If the applicant is a minor**
* If consent from a guardian has not been obtained
* If the applicant is a past contract violator or related party
* If it would cause significant disruption to service operations
* If the applicant is associated with or involved in **anti-social forces**
* If otherwise deemed inappropriate
## Article 4-2 (Authentication Using External Services)
1. Users may register for and log in to the Service using accounts from external services approved by the Company (Google, Apple).
2. When registering and logging in using external services, users must also comply with the terms of use and privacy policies of those external services.
3. The Company assumes no responsibility for any issues related to the use of external services.
4. If account information for external services is changed or deleted, access to the Service may be restricted.
## Article 5 (Changes to Registration Information)
* General Users must immediately update or report any changes to their Registration Information.
* The Company is not responsible for any disadvantages (such as failure to receive notifications) due to negligence or errors in updating information.
## Article 6 (Identity Verification)
* The Company may conduct identity verification when necessary, and users must cooperate.
* When the Company requests an investigation, users must cooperate regarding Registration Information, compliance with laws and regulations, etc.
## Article 7 (Account Management and Responsibility)
* Account information must be managed under the user's own responsibility, and **transfer, lending, sharing, or sale to others is strictly prohibited.**
* All actions taken using an account shall be deemed to have been taken by that user, and the user shall bear responsibility for them.
* The Company is not responsible for any damages caused by negligent account management or unauthorized use.
* Users must immediately notify the Company upon discovering unauthorized use and follow instructions.
* The Company may suspend or delete accounts without prior notice if unauthorized use is suspected.
## Article 8 (Deletion of General User Accounts)
1. Users may delete their accounts and terminate the agreement at any time.
2. However, all usage rights will expire immediately upon deletion, and **account recovery is not possible under any circumstances.**
3. Even after account deletion, the Company may retain user information for the period necessary under laws or these Terms.
## Article 9 (Handling of User Information)
The Company handles user information in accordance with these Terms and a separate Privacy Policy.
## Article 10 (Handling of User Content)
* **All responsibility for User Content lies with the user who posted it.** The Company does not guarantee the accuracy, legality, etc. of the content.
* The Company is not responsible for any damages caused by using others' content, except in cases of intentional misconduct or gross negligence.
* The Company may review content but is not obligated to do so, and may delete, edit, or make content private without prior notice in case of violations.
## Article 10-2 (Use of Chat Function)
1. Users may exchange messages with other users using the Service's chat function.
2. Chat content is stored on Company servers for service operation and security purposes.
3. The Company may review chat content as required by law or for investigating violations of these Terms.
4. Users must not engage in the following activities through the chat function:
* Harassment, pestering, or threats
* Improper collection of personal information
* Commercial solicitation
* Other activities prohibited by these Terms
## Article 10-3 (Posting of PONGE (Store/Event Information))
1. Business Users may post information about stores, events, locations, etc. (PONGE) on the Service.
2. Posted information must be accurate and up-to-date.
3. The Company may verify and validate posted PONGE content using AI (artificial intelligence).
4. Posting of false or misleading information is prohibited, and the Company may delete or suspend postings without prior notice.
5. When registering links to external SNS (Instagram, Facebook, X, TikTok, etc.) designated by the Company when posting PONGE, the Company may obtain and verify public information from those SNS.
6. Business Users or event organizers are responsible for the content, availability, quality, conditions of use, on-site handling, and any disputes regarding benefits, discounts, complimentary items, admission privileges, Consumable Badges, or other coupon-like benefits provided in connection with PONGE. To the extent permitted by applicable law, the Company is not responsible for any damages incurred by users or third parties in connection with such benefits, except in cases of intentional misconduct or gross negligence by the Company.
7. When setting Consumable Badges or other coupon-like benefits, Business Users or event organizers must appropriately determine, at their own responsibility, the benefit amount, discount rate, scope of complimentary items, issue quantity, validity period, and conditions of use. They understand that high-value benefits or large issuance quantities may cause losses, and they are responsible for managing the related costs, inventory, and on-site operational burden.
## Article 10-4 (Report/Block Function)
1. Users may report content or users that violate these Terms to the Company.
2. **Users can block other users by selecting the "Block" option on their profile. Blocked users will be completely invisible: their profile, messages, and location data will not be displayed. Blocking can be undone in Settings.**
3. **If a blocked user has joined another host's meetup, their profile will be displayed but will be clearly labeled as "Blocked."**
4. The report/block function is provided to ensure user safety, and abuse is prohibited.
5. The Company will review reported content and take action as necessary but is not obligated to disclose the details of actions taken to the reporter.
6. **Users can report suspicious events before applying to participate in meetups.**
## Article 10-5 (Content Management and Safety)
1. **Reported content will be reviewed within 24 hours.**
2. **Reports are received through the admin panel, and email notifications are sent to the operations team in near real-time.**
3. **Violating content will be removed, and violators may be subject to suspension.**
4. The Company may monitor content to maintain user safety and community health but is not obligated to pre-screen all content.
## Article 11 (Suspension of Use for General Users)
1. The Company may suspend service use, delete accounts, or take other measures without prior notice in the following cases:
* Violation of Terms and Guidelines
* Registration of false information
* Incomplete identity verification
* **Fraudulent activities, harassment, or actions harmful to others**
* Disruption of service operations
* No login for more than 1 year
* **Violence, threats, obstruction of business, etc.**
* Association with anti-social forces or other inappropriate cases
2. Users subject to suspension measures shall lose the benefit of time and must immediately pay any debts.
3. The Company is not responsible for any damages to users caused by such measures, except in cases of intentional misconduct or gross negligence.
## Article 12 (Precautions for Service Use)
General Users must comply with the following rules.
* **Please act sincerely and respect others.** (No lying or impersonation)
* **Please be careful when handling photos and videos after events and interactions.**
* **Posting photos/videos containing others' images on SNS without their consent is prohibited.**
* Consent is also required when individuals can be identified by background or clothing.
* **Please check the guide for safe and secure interactions.**
* Please refer to the **PONGE Safe Usage Guide** and take self-protective measures, especially choosing public places for first meetings and avoiding requests for money/personal information.
## Article 13 (Prohibited Activities)
Users must not engage in the following activities.
1. **Violations of laws and social norms:** Criminal acts, violations of public order and morals, infringement of others' rights (reputation, privacy, etc.)
2. **Posting inappropriate content:**
* **Images and text containing sexual expressions** (genital exposure, sexual act suggestions, excessive nudity, etc.)
* **Images featuring individuals under 18 years old**
* Content promoting violence, abuse, suicide/self-harm
* Disclosure of others' personal information
3. **Other prohibited activities:**
* Commercial, advertising, religious/political/MLM solicitation
* **Use contrary to the Service's purpose such as heterosexual dating, sexual intercourse, profit-making solicitation, spam, etc.**
* Multiple account registration, unauthorized use of others' accounts
* Unauthorized system access, server overload, vulnerability attacks
* Abuse of report/block function
* Other activities deemed inappropriate by the Company
## Article 14 (Confidentiality)
Users must treat information provided in connection with service use as confidential and must not disclose it to third parties or use it for other purposes without the Company's consent. (Exceptions apply for already disclosed information, etc.)
## Article 15 (Exclusion of Anti-Social Forces)
* Users must warrant that they are not associated with anti-social forces.
* In case of violation or unreasonable demands (violence, threats, obstruction of business, etc.), the agreement may be terminated immediately, and the Company assumes no liability for damages.
## Article 16 (Attribution of Rights)
* All intellectual property rights related to the Service belong to the Company or licensors.
* **Copyright of User Content belongs to the user**, but the Company has a worldwide, royalty-free, non-exclusive license to use it for service operation, promotion, etc.
## Article 16-2 (Shouting Feature and Location Information)
1. Users may post messages on the map and communicate with nearby users through the Shouting feature of the Service.
2. When using the Shouting feature, if the user has permitted location access on their device, the Company will store the user's location information on the server. This location information is used to provide nearby Shouting notifications and location-based services.
3. Details regarding the storage and use of location information are governed by the separate Privacy Policy.
4. Users may stop location information collection by revoking location permissions in their device settings or by disabling nearby Shouting notifications in the app settings.
5. Even if location permission is not granted, users may still use some parts of the Shouting feature (such as viewing messages).
## Article 16-3 (Push Notifications)
1. The Company may deliver important notices, event information, marketing information, etc. regarding the Service through push notifications.
2. Users may change push notification settings from the app settings screen.
3. Important notices (service outages, Terms changes, etc.) may be delivered regardless of push notification settings.
## Article 17 (Suspension of the Service)
The Service may be temporarily suspended without prior notice due to system maintenance, failures, natural disasters, force majeure, etc., and the Company is not responsible for any resulting damages.
## Article 18 (Changes or Termination of the Service)
The Company may change or terminate the Service at its discretion, and significant changes will be announced in advance.
## Article 19 (Changes to These Terms)
Changes to the Terms will be announced, and continued use of the Service or failure to terminate after the change will be deemed consent.
## Article 20 (Responsibility of General Users)
* Users are fully responsible for their actions and posts.
* The Company is not responsible for disputes between users.
* If a user causes damage to the Company, the Company may claim compensation for damages (including attorney's fees, etc.).
## Article 21 (Access Environment and Operations)
* Users must prepare their own usage environment (devices, internet, etc.), and the Company does not guarantee operation in specific environments.
* All operations are established when data reaches the Company's servers and is processed.
## Article 22 (Disclaimer)
1. The Company does not guarantee the content, results, accuracy of information, etc. of the Service.
2. The Company has no obligation to back up User Content.
3. The Company is not responsible for user damages (data loss, etc.) **except in cases of intentional misconduct or gross negligence.**
4. Even when the Company is liable, it is limited to ordinary damages, and **the maximum amount of compensation is limited to 10,000 yen** (except when the Consumer Contract Act applies).
5. The Company does not get involved in and is not responsible for issues between users (defamation, fraud, financial issues, in-person meeting issues, etc.).
6. The Company is not responsible for damages caused by failures or changes to external services (Google, Apple, etc.).
7. To the extent permitted by applicable law, the Company is not responsible for damages arising from the provision, non-provision, modification, cancellation, on-site use, or disputes between users, Business Users, event organizers, or other parties other than the Company regarding stores, events, Consumable Badges, or other coupon-like benefits registered on PONGE, except in cases of intentional misconduct or gross negligence by the Company.
## Article 23 (Notifications and Communications)
* Company notifications will be made via registered email or app/website announcements and shall be deemed delivered at the time of sending/posting.
* User inquiries must be made through designated forms or support channels, and phone/visit responses are not provided.
## Article 24 (Prohibition of Assignment of Contractual Status and Rights/Obligations)
Users may not assign their rights and obligations to third parties. If the Company transfers its business, user information and contractual status may be transferred.
## Article 25 (Independence of Terms Provisions)
Even if some provisions become invalid, the remaining provisions shall remain valid.
## Article 26 (Language of the Terms)
**The Japanese version of these Terms shall be the authoritative text.** Translations are for reference purposes only, and in case of discrepancies, the Japanese version shall prevail.
## Article 27 (Governing Law, etc.)
* The governing law of these Terms shall be **Japanese law**.
* In case of disputes, the **Tokyo District Court or Tokyo Summary Court** shall have exclusive agreed jurisdiction as the court of first instance.
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### Established: June 6, 2025
### Revised: January 28, 2026
### Revised: April 6, 2026
