Terms of service

Terms of service

Thank you very much for using the smartphone application “Fulcul” (hereinafter the “App”) provided by Kokusai Motorcars Co., Ltd. (hereinafter the “Company”). These Terms and Conditions (hereinafter the “Terms”) set forth the conditions, etc. regarding the use of the App by customers (hereinafter “Users”) and the provision of services by the Company associated therewith (hereinafter the “Service”). When using the App, Users are required to fully understand and agree to the content of these Terms. These Terms contain important provisions, including the scope of license, prohibited matters, suspension or interruption of the Service, disclaimers, and responsibilities of Users; please be sure to review them. The App and the Service are designed to make arranging taxis more convenient, and we ask for your understanding and cooperation with these Terms so that all Users can use the Service comfortably.

Article 1 License of Rights

The Company grants Users a non-transferable and non-exclusive right to use the App on smartphones and other mobile terminal devices compatible with the App (hereinafter “Devices”) by downloading the App to such Devices, in accordance with the conditions of these Terms. The Company does not warrant that the App is compatible with all Devices. Users shall carefully read these Terms and use the App in compliance with them.

Article 2 Scope of Application

These Terms apply to all relationships between the User and the Company with respect to the use of the App and the provision of the Service. By using the App, the User is deemed to have agreed to these Terms.

Article 3 Scope of License

1. Users shall not assign, sub-license, or otherwise transfer the right to use the App to any third party.

2. Users shall not reproduce, modify, adapt, analyze, or disclose any program related to the App.

3. Users may use the App only for personal purposes and may not use it for sales, distribution, development, or any other commercial purposes.

4. Users shall not perform reverse engineering, decompiling, disassembling, extracting source code, or any other modification, alteration, or translation of all or any part of the App into a machine-readable form.

5. Users shall not remove any notices of copyright, patent rights, ownership, trademarks, or other rights displayed in the App.

Article 4 Prohibited Acts

In using the App, Users shall not engage in any of the following acts:

1. Acts that violate laws and regulations, these Terms, or public order and morals.

2. Acts that infringe, or may infringe, the rights or interests of the Company, other Users, or any third party, or that damage their reputation or credibility.

3. Acts related to criminal conduct or acts that encourage criminal conduct.

4. Acts that destroy or interfere with the Company’s servers or networks.

5. Acts that interfere with, or may interfere with, the operation of the Service or any other services of the Company.

6. Acts of collecting or accumulating personal information, etc. about other Users.

7. Acts of impersonating other Users.

8. Acts that obstruct other Users’ use of the App.

9. Acts of directly or indirectly providing benefits to anti-social forces in connection with the Service.

10. Acts that infringe, or may infringe, intellectual property rights related to the App.

11. Any other acts that the Company reasonably deems inappropriate.

Article 5 Suspension and Interruption of the Service

The Company may suspend or interrupt the provision of all or part of the functions or services related to the App without prior notice to Users if it determines that any of the following applies:

1. When performing maintenance inspections or updates of systems related to the App.

2. When it becomes difficult to provide the Service due to earthquakes, lightning, fire, power outages, natural disasters, or other force majeure events.

3. When systems, communication lines, etc. are stopped due to accidents or unforeseen circumstances.

4. When the Company otherwise deems it difficult to provide the Service.

The Company shall not be liable, regardless of reason, for any disadvantage or damage incurred by Users or third parties as a result of such suspension or interruption.

Article 6 Modification of Functions and Termination of the App

The Company may change the content of the App or terminate the provision of the App without notice to Users. The Company shall not be liable for any damage incurred by Users as a result thereof.

Article 7 Suspension of Use and Expiration of Rights

Users may cease using the App by uninstalling, discarding, or deleting the App.

If a User violates or is likely to violate these Terms, or if the Company determines that the User falls under any of the items in Article 4, the Company may immediately suspend or terminate all or part of the usage rights granted to the User, without any notice or compensation. Upon expiration of the usage rights, the User shall promptly delete and dispose of all programs and data related to the App.

Article 8 Handling of Matching and Boarding

1. When a User requests a taxi dispatch through the App, a pickup vehicle is determined in response, and the details of such determination are notified within the App, this status is referred to as a “Match.”

2. The App is a pickup arrangement service that matches Users with taxis. Once a Match is established, the taxi involved in such Match (hereinafter the “Matched Vehicle”) will, as a dispatched vehicle, head to the location where the User has dropped a pin in the App (hereinafter the “Pickup Point”).

3. The App attempts to match taxis located within a radius of approximately 500 meters from the User’s current location, but the taxi closest to the User is not necessarily the one that will be matched. In principle, the Matched Vehicle does not wait after arriving at the Pickup Point.

4. Whether a Match is successful depends on factors such as the presence and number of nearby vehicles, weather, traffic conditions, and supply-and-demand conditions. While the Company will endeavor to achieve Matches, it does not guarantee that a Match will be established through the App.

5. Users shall remain at the Pickup Point until the Matched Vehicle arrives and shall board promptly upon its arrival. Once a Match is established, the User must board the Matched Vehicle unless the User properly cancels in accordance with these Terms.

6. Even after a Match has been established, the User may cancel the pickup arrangement. Cancellations shall be made promptly via the operations provided in the App.

7. The App does not require registration of personal information such as name, email address, or telephone number; however, to confirm that you are the User, please present the vehicle number notification screen of the App to the driver when boarding the Matched Vehicle. Also, the App is intended to be used by the person who will actually board the taxi.

8. If a User frequently cancels or cancels in an inappropriate manner, or if the Company otherwise determines that such conduct interferes with the operation of the Service, the Company may, pursuant to Article 7 of these Terms, restrict the User’s use or suspend or terminate the User’s usage rights.

9. Even if the taxi operator is unable to provide pickup after a Match has been established due to reasons on the operator’s side (including breakdowns, inability to operate, or any other reasons), the Company does not guarantee the arrangement of a replacement vehicle. The Match may be deemed unsuccessful or may be cancelled, and in such cases, securing alternative means of transportation is the responsibility of the User.

10. The arrival time at the Pickup Point displayed in the App is only an estimate and is not guaranteed. Arrival may be delayed due to traffic conditions, weather, road restrictions, accidents, or other factors. The Company shall not be liable for any damages arising from such delays in arrival.

Article 9 Fares and Payment

1. The fares and charges of the Matched Vehicle incurred in connection with the use of the App shall be determined by the Company or the relevant taxi operator.

2. When a Match is established through the App, no pickup fee will be charged. However, as this Service assumes that the taxi is called over a short distance (within a radius of approximately 500 meters) and can arrive promptly at the Pickup Point, the Matched Vehicle, in principle, will not wait after arriving at the Pickup Point.

3. Even after a Match is established, Users may cancel in accordance with these Terms, and in such cases, as a general rule, no cancellation fee, waiting charge, or other additional charges will be incurred. However, this does not apply if the Matched Vehicle waits at the User’s instruction.

Article 10 Disclaimers

1. The Company shall not be liable for any malfunction of the App or any suspension or delay in the provision of the Service that is due to natural disasters, accidents, communication failures, changes in laws and regulations, or other causes not attributable to the Company.

2. If the User qualifies as a “consumer” under the Consumer Contract Act of Japan, the Company shall not be liable, except in cases of willful misconduct or gross negligence on the part of the Company, for any damage arising in connection with the use of the App beyond the scope of ordinary damages that would typically arise.

3. If the User does not qualify as a “consumer” under the Consumer Contract Act of Japan, the Company shall not be liable, except in cases of willful misconduct or gross negligence on the part of the Company, for any damage arising in connection with the use of the App.

4. The Company shall not be responsible for any matters relating to the taxi operator’s driving operations, customer service, safety management, delays in arrival, fare calculation, or any accidents, troubles, or other incidents occurring inside or outside the vehicle. Such matters shall be resolved appropriately between the relevant operator and the User.

5. Pickup may be cancelled and a Match may be terminated due to circumstances on the operator’s side or for other reasons. In such cases, the Company shall not be obligated to arrange a replacement vehicle, shall bear no costs arising therefrom, and shall not be liable for any damages.

Article 11 Responsibilities of Users

1. Users shall cooperate as necessary for the smooth execution of Matching and pickup, including by providing accurate location information, waiting at the designated Pickup Point, boarding promptly, and paying the applicable fares and charges.

2. The Company shall not be liable for incorrect dispatches, delays, or inability to board arising from the User’s device settings, communication environment, inaccuracy of location information, or similar causes.

3. If no-shows without notice, acts that obstruct pickup due to willful misconduct or gross negligence, abuse of cancellations, repeated absence, non-responsiveness, or refusal to board upon arrival occur, the Company may take measures such as suspension of use pursuant to Article 7.

4. When using the App, Users shall call a taxi from a safe location that is easily visible from the road, rather than from inside a building, by shaking a smartphone or similar device displaying the relevant screen of the App.

5. After a Match has been established via the App, Users must not move away from the Pickup Point. If the User moves, the Company may deem the Match to be cancelled and the dispatch may be automatically cancelled.

Article 12 Notices and Communication

Notices and communications from the Company to Users shall be made through postings within the App, push notifications, postings on the Company’s website, or other methods the Company deems appropriate. Communications from Users to the Company shall be made using the inquiry function within the App or by other methods designated by the Company.

Article 13 Amendment of the Terms

The Company may amend these Terms when it deems necessary without providing individual notice to Users. The amended Terms shall become effective at the time they are posted within the App or on the Company’s website, and the latest version shall always apply to all Users. Users shall periodically review the latest version of the Terms.

Article 14 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Japan, without regard to principles of conflict of laws.

Article 15 Jurisdiction

With respect to any disputes arising between the Company and the User in connection with these Terms, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance by mutual agreement.