Kinoko Terms of Service

Last Updated: February 1, 2026

These Terms of Service (hereinafter referred to as "these Terms") define the terms and conditions for using Kinoko (hereinafter referred to as "the App"). By downloading, installing, or using the App, you agree to be bound by these Terms.

Article 1 (Definitions)

1. "We" or "Us": Refers to Yuichiro Hayashi, the sole proprietor who provides the App.
2. "User": Refers to all individuals or entities using the App.
3. "Music Tracks": Refers to the music content bundled within the App.
4. "Service": Refers to the music playback functionality and other features provided through the App.

Article 2 (Service Content)

The App is a music player application for playing carefully selected music tracks. It can be used for a wide range of purposes, including store background music (BGM), office environments, and personal use.

Article 3 (Copyright and Intellectual Property Rights of Music Tracks)

1. Music Track Generation Method
   The music tracks bundled in the App have been generated by us using the Pro plan of the AI music generation service "Suno."
2. Copyright Attribution
   The copyrights and other intellectual property rights of the music tracks belong to us. However, due to the nature of AI-generated music, copyright may not be established, or rights relationships may become unclear due to the existence of similar music tracks by third parties.
3. Characteristics of AI-Generated Music
   Music tracks generated using AI technology have the following characteristics due to the nature of machine learning:
   • They may coincidentally resemble existing music tracks
   • Identical or similar music tracks may be generated by other users
   • They may not be protected under copyright law
   Users agree to use the App with an understanding and acceptance of these characteristics.

Article 4 (License Grant)

1. Personal and Commercial Use
   We grant Users a non-exclusive, non-transferable, non-sublicensable right to use the App and music tracks for the following purposes, subject to the terms of these Terms:
   • Personal music listening
   • BGM playback in stores, offices, commercial facilities, etc.
   • Other lawful purposes that do not violate these Terms
2. License Restrictions
   The license to use the App does not include the following actions:
   • Copying, extracting, downloading, or using music tracks outside the App
   • Editing, modifying, remixing music tracks, or creating derivative works based on them
   • Redistributing, reselling, sublicensing, lending, or leasing music tracks
   • Public transmission, broadcasting, or streaming distribution of content containing music tracks
   • Developing competing products or services using the App or music tracks in part

Article 5 (Prohibited Acts)

Users must not engage in the following acts when using the App:

1. Acts that infringe on the intellectual property rights of the App or music tracks
2. Extracting, recording, or copying music tracks from the App
3. Reverse engineering, decompiling, or disassembling the App
4. Acts that obstruct the operation of the App or place excessive load on servers
5. Granting, transferring, or reselling usage rights of music tracks to third parties
6. Using music tracks in other media (videos, podcasts, music distribution services, etc.)
7. Creating content such as advertisements, promotional videos, films, or television programs using music tracks
8. Using the App or music tracks for illegal, harmful, threatening, abusive, or defamatory purposes
9. Removing or altering copyright notices, trademarks, or other rights notices
10. Other acts that violate these Terms or that we deem inappropriate

Article 6 (Disclaimer)

1. Music Track Quality and Suitability
   We do not guarantee that music tracks will be suitable for Users' specific purposes or will have the expected quality or accuracy.
2. Third-Party Rights Infringement
   Due to the nature of AI-generated music, we do not guarantee that music tracks will not infringe on the copyrights or other rights of third parties. However, we will make reasonable efforts to avoid rights infringement.
3. Service Interruption or Suspension
   We may interrupt or suspend all or part of the Service in the following cases:
   • When performing system maintenance, inspections, or repairs
   • When provision becomes difficult due to natural disasters, power outages, or other force majeure
   • When otherwise deemed necessary by us
   We are not responsible for any damages incurred by Users as a result of these interruptions or suspensions.
4. No Warranty
   The App and music tracks are provided "as is." We make no warranties, either express or implied, regarding the operation, accuracy, reliability, or timeliness of the App.

Article 7 (Limitation of Liability)

1. We are not responsible for any damages (including but not limited to lost profits, data loss, or business interruption) incurred by Users or third parties arising from the use of the App or music tracks, except in cases of willful misconduct or gross negligence on our part.
2. Even when we are liable, the maximum amount of damages will be limited to the purchase price of the App paid by the User to us (or the total amount paid as a subscription over the past 6 months).
3. No Indemnification for Copyright Infringement
   In the event that a claim is made that music tracks infringe on the copyright of a third party, we have no obligation to provide legal support, compensation, or damages to Users. Users use the App at their own risk.

Article 8 (Indemnification)

Users agree to indemnify and hold us harmless from any damages, losses, or costs (including reasonable attorney's fees) incurred by us as a result of acts that violate these Terms or unauthorized use of music tracks.

Article 9 (Intellectual Property Rights Notification)

1. If you believe that music tracks infringe on the copyright of a third party, please send us a notice containing the following information:
   • Signature of the rights holder or their authorized agent
   • Identification of the copyrighted work claimed to be infringed
   • Identification of the music track claimed to be infringing
   • Contact information (address, phone number, email address)
   • A statement that, in good faith, the use is not authorized by the rights holder
   • A statement that the notification is accurate and that you understand the possibility of perjury charges
   Contact: [email protected]
2. Upon receiving the notice, we will promptly investigate and, if necessary, remove or replace the relevant music track.

Article 10 (Privacy)

The App does not collect, store, or provide personal information of Users to third parties. The App operates offline, and all music tracks are bundled within the App.

Article 11 (Changes to the Terms)

1. We may change these Terms at any time.
2. The revised Terms will become effective when posted within the App or on our website.
3. If Users continue to use the App after changes are made, they are deemed to have agreed to the revised Terms.

Article 12 (Governing Law and Jurisdiction)

1. The interpretation and application of these Terms shall be governed by the laws of Japan.
2. The Yokohama District Court shall have exclusive jurisdiction as the court of first instance for any disputes related to these Terms.

Article 13 (Severability)

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall continue to remain in full force and effect.

Article 14 (Waiver of Rights)

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

Article 15 (Non-Assignment)

Users may not assign their rights or obligations under these Terms to third parties without our prior written consent.

Article 16 (Entire Agreement)

These Terms constitute the complete agreement between Users and us regarding the use of the App and supersede all prior agreements on this matter.

Article 17 (Contact Information)

For questions regarding these Terms, please contact us at:

Kinoko Operator
Yuichiro Hayashi
Email: [email protected]

Last Updated: February 1, 2026

If you do not agree to these Terms, please refrain from using the App.