PLEASE READ THESE TERMS CAREFULLY. They include important provisions, such as a binding arbitration agreement (for U.S. users), a class action waiver, disclaimers of warranties, and limitations of liability, that affect your legal rights and obligations.
This summary is provided for convenience only and does not replace the full Terms below.
By downloading, installing, accessing, or using dekitayo (the "Service"), you agree to be bound by these Terms of Use ("Terms") and our Privacy Policy. If you do not agree, you must not use the Service.
If you are accepting these Terms on behalf of a minor, you represent that you are the parent or legal guardian.
The Service is a mobile application that allows users to record and look back on their child's developmental milestones as a personal "growth album." It is a personal record-keeping and informational reference tool.
The Service includes milestone examples adapted from publicly available materials published by the U.S. Centers for Disease Control and Prevention ("CDC") under its "Learn the Signs. Act Early." program, along with our own additions, translations, illustrations, and arrangements. We may modify, translate, summarize, or reformat such materials, and may incorporate additional content from other publicly available sources, for use in the Service.
The CDC has not reviewed, approved, sponsored, or endorsed the Service, and we are not affiliated with the CDC, the U.S. government, or any health authority. References to the CDC are for source-identification purposes only. We do not use CDC logos, seals, or trademarks except as permitted by applicable law.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Service on devices you own or control, solely for your personal, non-commercial use.
You may not: - Copy, modify, distribute, sell, lease, sublicense, or create derivative works of the Service; - Reverse engineer, decompile, disassemble, or attempt to derive source code from the Service; - Remove, alter, or obscure any proprietary notices; - Use any automated means to access or interact with the Service.
You agree not to:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (i) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (ii) ERRORS OR DEFECTS WILL BE CORRECTED; (iii) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (iv) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
Nothing in this Section is intended to limit any non-waivable rights you may have under applicable consumer protection laws. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
THE SERVICE IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
The Service is a personal journaling and informational reference tool only. It is not designed or intended to make individualized medical assessments, screen for or detect developmental delay, autism spectrum disorder, neurological conditions, or other health conditions, or recommend a course of medical care.
The age ranges and progression order shown in the Service are general references derived from public CDC materials and do not reflect what any particular child "should" be doing. Children develop at their own pace, and natural variation is normal.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(a) IN NO EVENT SHALL THE OPERATOR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO: (i) YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE SERVICE; (iii) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR DATA OR DEVICE; (iv) ANY DEVELOPMENTAL, MEDICAL, OR HEALTH OUTCOME OR DECISION INFORMED BY THE SERVICE; (v) ANY ERRORS, INACCURACIES, OR OMISSIONS IN THE SERVICE'S CONTENT.
(b) IN NO EVENT SHALL THE OPERATOR'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (i) THE TOTAL AMOUNT YOU HAVE PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS (US$100).
(c) YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED FREE OF CHARGE AND THAT THE LIMITATIONS IN THIS SECTION REPRESENT A REASONABLE ALLOCATION OF RISK, AND THAT WE WOULD NOT PROVIDE THE SERVICE WITHOUT THESE LIMITATIONS.
(d) Non-excludable liability. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for fraud, intentional misconduct, gross negligence, or personal injury where such limitation or exclusion is prohibited by law.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
You agree to defend, indemnify, and hold harmless the Operator, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:
(a) your misuse of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any third-party right, including any intellectual property or privacy right; (e) any content you submit, post, or transmit through the Service.
This indemnity does not require you to indemnify us for claims caused by our gross negligence, willful misconduct, or violation of applicable law.
If you downloaded the Service from the Apple App Store, the following terms also apply:
You agree to comply with all applicable export and re-export control laws and regulations, including without limitation the U.S. Export Administration Regulations ("EAR") and the sanctions programs administered by the U.S. Office of Foreign Assets Control ("OFAC"). You represent and warrant that: (a) you are not located in, under the control of, or a national or resident of any country embargoed by the U.S. government; (b) you are not on any U.S. government list of restricted or prohibited persons; (c) you will not use the Service in violation of any U.S. or other applicable export laws.
If you believe content in the Service infringes your copyright, please contact us using the contact information in Section 22.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES U.S. USERS TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
(a) Informal Resolution. Before filing any formal claim, you agree to first contact us at the address in Section 22 and attempt to resolve the dispute informally for at least 30 days.
(b) Binding Arbitration (U.S. Users). Except for claims that qualify for small claims court, all disputes, claims, or controversies arising out of or relating to these Terms or the Service ("Disputes") by U.S. users shall be resolved exclusively through final and binding individual arbitration. Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration may be conducted by telephone, video conference, written submissions, or, if required by the AAA Consumer Arbitration Rules, in a location reasonably convenient for you. To the extent the AAA Consumer Arbitration Rules require us to pay arbitration filing, administrative, or arbitrator fees beyond the amount you would pay to file a case in court, we will do so, unless the arbitrator determines that your claim is frivolous or brought for an improper purpose.
(c) Non-U.S. Users. For users residing outside the United States, these Terms are governed by the laws of Japan, except to the extent local mandatory consumer protection laws apply. Nothing in these Terms limits your right to bring claims in your local courts where applicable law gives you that right.
(d) Class Action Waiver. YOU AND THE OPERATOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Unless we and you both agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
(e) Public Injunctive Relief. Nothing in this Section prevents either party from seeking public injunctive relief in court to the extent such a waiver is prohibited by applicable law (including, without limitation, California's McGill rule).
(f) Severability of Class Waiver. If the class action waiver in subsection (d) is found unenforceable as to a particular claim, then that claim (and only that claim) must proceed in court and not in arbitration.
(g) Equitable Relief Carveout. Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property, confidential information, or security interests, without waiving arbitration for the underlying dispute.
(h) Jury Trial Waiver. TO THE EXTENT PERMITTED BY LAW, YOU AND THE OPERATOR WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO A JURY TRIAL.
(i) Opt-Out. You may opt out of this arbitration agreement and class action waiver by sending us a written notice (via the contact channel in Section 22) within 30 days of first accepting these Terms.
(j) Exceptions. Notwithstanding the above, either party may bring an individual action in small claims court for any dispute within that court's jurisdiction.
For users in the United States: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of laws principles. Subject to Section 18, you submit to the personal jurisdiction of the federal and state courts located in Delaware for any non-arbitrable disputes.
For users outside the United States: These Terms shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of laws principles. The Tokyo District Court shall have non-exclusive jurisdiction of first instance for any disputes; this does not affect your right to bring claims in your local courts where applicable law gives you that right.
Notwithstanding the above, consumers may have mandatory rights under their local consumer protection laws that cannot be waived by contract, and nothing in these Terms limits such rights.
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.
No Third-Party Beneficiaries. Except as expressly provided in Section 14 (Apple App Store Additional Terms), these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you and us.
Force Majeure. We shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including without limitation acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, earthquakes, pandemics, accidents, network outages, or denial-of-service attacks.
Entire Agreement. These Terms, together with our Privacy Policy and any in-app notices, constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous agreements, representations, or understandings.
We may modify these Terms at our discretion. Material changes will be communicated through in-app notice or by posting an updated version on this page. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.
Material changes to Section 18 (Arbitration) will not apply to any dispute of which either party had actual notice before the effective date of the change, unless both parties agree.
For any inquiries regarding these Terms or the Service, including arbitration opt-out, copyright concerns, or privacy requests, please use the contact form below.
Note: The Service is operated by an independent developer based in Japan. The contact form above is the official channel for all formal notices, including legal and privacy inquiries. We will respond from the email address you provide.
DISCLAIMER: These Terms have been prepared based on legal best practices and reviewed via AI legal counsel (GPT-5.5). They are not a substitute for review by a qualified attorney licensed in each relevant jurisdiction. The Operator should obtain independent legal review before final adoption, particularly for FDA software-as-a-medical-device positioning, COPPA compliance, and enforceability of arbitration clauses in target jurisdictions.