Terms of Service

Last Updated: January 14, 2025

These Terms of Use (hereinafter referred to as the “Terms”) set forth the conditions for using the website and API service called “Nessle API” (hereinafter referred to as the “Service”), provided by Madoromi Inc. (hereinafter referred to as the “Company”).

All customers (hereinafter referred to as “Users”) who use this Service are required to agree to these Terms before using the Service.

1. Introduction

Note on Unofficial Services

Nessle API is an unofficial API and is in no way affiliated with or endorsed by “Instagram™” provided by Meta Inc. or “TikTok™” provided by ByteDance Inc.

Note on the Nessle API Website

Nessle API.com and any related mobile applications (hereinafter collectively referred to as the “Site”) are operated by Nessle API in accordance with these Terms.

Revisions to the Terms

We reserve the right to revise these Terms as needed. The latest version of these Terms will be posted on our website, and we will endeavor to notify users of any significant changes. If you continue to use the Services after any revisions become effective, you will be deemed to have agreed to the revised Terms.

Scope of Application

These Terms apply to all websites, APIs, and any related services provided by us. If there is a separate or additional agreement explicitly stating otherwise, such agreement shall take precedence over these Terms.

2. Account Registration and Usage Conditions

Account Registration

Some features of our Services may require an account registration. When creating an account, you must provide accurate and up-to-date information and continually keep it updated. You are responsible for managing your password and account information. If you suspect unauthorized use of your account, please contact us immediately.

Age Restrictions

If you are under 18 years of age, you must obtain the consent of your parent or legal guardian before using the Services. Certain content or features may be restricted to users aged 18 or older.

Suspension or Deletion of Accounts

We may, at our discretion, suspend or delete your account without notice if we determine that you have violated these Terms. The same applies if we receive complaints or detect potential legal risks from third parties.

Account Creation on Behalf of Others

If you create or manage an account on behalf of another person or entity, you must have the necessary authority to do so. Any content posted via an account that was created on behalf of another individual or entity is also subject to these Terms.

3. Use of the Services

Purpose of Use and Compliance

When using our Services, you shall comply with applicable laws, these Terms, and socially accepted norms, and only use the Services for legitimate purposes. You are responsible for complying with the Terms of Service of Instagram, TikTok, and any other applicable laws or regulations.

Prohibited Acts

Engaging in any acts deemed inappropriate by us is strictly prohibited. Such acts include, but are not limited to, the following:

  • Creating fake accounts or fraudulently manipulating followers/likes (e.g., automated increases)
  • Sending spam, chain emails, pyramid schemes, or other unlawful solicitations
  • Authenticating or using an account without the owner’s permission
  • Engaging in illegal activities, defamation, obscenity, threats, or infringing on the intellectual property or privacy of others
  • Uploading viruses or malicious software
  • Placing excessive load on the Site or servers, or circumventing security measures
  • Commercially reusing any content or data provided by us without prior permission

Our Obligations

We make every effort to provide the Services in an appropriate and professional manner in line with industry standards. In the event of any issues, we will promptly notify users and work to resolve them.

4. Maintenance and Support

Potential Service Interruptions

We may perform maintenance on the API or the Site, which may temporarily suspend or limit access to the Services. We will correct bugs as quickly as possible and update the Services as needed.

Support

We provide technical support within reasonable limits during business days and business hours (excluding weekends, holidays, and other special occasions). If you require support, please contact us through the method specified by the Company.

5. Intellectual Property Rights

Copyrights and Trademarks

The content on the Site or within the Services (e.g., text, images, videos, software) is owned by us or by third parties granting us a license and is protected by copyright laws and other applicable laws. Except as explicitly permitted in writing by us, it is prohibited to copy, modify, distribute, sell, or republish all or part of the content. The rights to trademarks, service marks, and logos appearing on the Site or within the Services belong to us or the respective licensors.

User-Submitted Content

You represent and warrant that you have all necessary rights to use the content you post and that it does not infringe on any third party’s rights. Any content posted by you will be deemed as licensed to us on a non-exclusive, royalty-free, worldwide basis, allowing us to reproduce, display, transmit, modify, and create derivative works. Posts containing personal information are subject to our Privacy Policy.

6. Confidentiality

Definition

“Confidential Information” refers to any technical, business, financial, or other information disclosed by one party to the other, labeled or deemed confidential and not publicly available. Our Confidential Information includes non-public information regarding the functionality or performance of the Services.

Obligations

The receiving party must exercise reasonable care to protect the disclosing party’s Confidential Information. Confidential Information may not be disclosed to third parties, except when required by law. After five years from the disclosure date or once the information becomes publicly known, it will no longer be treated as confidential.

7. License

Subject to these Terms, we grant users a limited, non-exclusive, non-transferable, and revocable license to use our Services. In the event you violate any of these Terms, we reserve the right to invalidate the license and suspend your use of our Services without prior notice.

8. Disclaimer of Warranties

We provide the Services “as is” without any warranties, whether express or implied, including warranties of fitness for a particular purpose, merchantability, non-infringement, or implied warranties arising from trade usage. We assume no responsibility or liability for user-submitted content or third-party content posted through our Services. We do not guarantee uninterrupted service, error-free operation, or freedom from unauthorized access or bugs.

9. Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, punitive, or consequential damages, or any lost profits resulting from or related to the use or inability to use the Services. The total cumulative liability of the Company for any claims shall not exceed one hundred U.S. dollars (USD 100.00).

10. Dispute Resolution

In the event of any dispute arising between a user and the Company in connection with the Services, both parties shall first seek to resolve the matter in good faith through mutual consultation. If no resolution is reached through consultation, the dispute shall be settled in the court with jurisdiction over the Company’s location or in an arbitration institution designated by the Company.

11. Notices and Changes to these Terms

Notices

We may provide notices to users via email, postings on our website, or any other methods we deem appropriate. You must always keep your contact information up-to-date and be able to receive notices from us.

Changes to these Terms

We reserve the right to change these Terms at any time, and any changes shall become effective upon posting on our website or on a separately specified effective date. If you continue to use the Services after such changes take effect, you will be deemed to have agreed to the revised Terms.

12. Assignment and Severability

You may not assign or transfer your contractual status or any of your rights or obligations under these Terms to a third party without our prior written consent. Even if any provision of these Terms is deemed invalid or unenforceable, the validity and enforceability of the remaining provisions shall remain unaffected.

13. Entire Agreement

These Terms, along with the Privacy Policy explicitly referenced herein and any other agreements between us and the user, constitute the entire agreement relating to the Services. If any particular provision of these Terms is waived, such waiver shall not be deemed a waiver of any other provision.

14. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates from and against any and all damages, expenses, claims, disputes, etc. (including reasonable attorney’s fees) arising out of or in connection with your violation of these Terms, any laws, or the rights of any third party, or any of your actions. We reserve the right, upon prior notice to you, to assume exclusive defense and control of any claim for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

15. Third-Party Services and Linked Sites

Our Services may contain links to third-party websites or services (hereinafter referred to as “Linked Sites”), but we bear no responsibility for any damages resulting from their content or use. When using Linked Sites, you must comply with the terms of service and privacy policies set forth by each respective site.

16. Payments and External Payment Vendors

Some service fees or transactions may be processed by PayPal, Stripe, or other electronic payment vendors. Your relationship with such external vendors is subject to the respective vendor’s terms, and we assume no liability for their actions or omissions.

17. Miscellaneous

Governing Law

Unless otherwise stipulated, these Terms shall be governed by the laws of the jurisdiction in which the Company is located, and the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

Force Majeure

We shall not be liable for any failure or delay in providing the Services due to acts of God, fire, power outages, strikes, or any other circumstances beyond our reasonable control.

Language

If these Terms are prepared in multiple languages, all versions shall be deemed official, but in the event of discrepancies, the language version designated by us shall take precedence.

18. Inquiries

For any inquiries regarding these Terms, please contact us at the details below:

  • Company Name: Kabushiki Kaisha Madoromi (Madoromi Inc.)
  • Company Address: 2F-C, Shibuya Dogenzaka Tokyu Building, 1-10-8 Dogenzaka, Shibuya-ku, Tokyo 150-0043, Japan
  • Email: info@nessleapi.com

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Please read and agree to all of the provisions above before using the Service. For any questions regarding these Terms, please contact us via the inquiry form on our website.

These Terms shall come into effect as of January 7, 2025.