This Agreement (hereinafter referred to as “the Agreement“) outlines the terms and conditions governing the use of the software application named “Your Anime and Manga Year Wrapped“ (hereinafter referred to as “the Application“), designed, developed, maintained, and licensed by Tanuki SAS, a business entity incorporated under the laws of the Republic of Colombia, identified with NIT number 901182452-4 (hereinafter referred to as “the Licensor“ or “the Company“).
1.1. This Agreement establishes the foundational terms, conditions, rights, obligations, and understandings between the User (hereinafter referred to as “the Licensee“) and the Licensor regarding the utilization of the Application.
1.2. The Licensee, by accessing, browsing, and/or availing themselves of the functionalities offered by the Application, acknowledges, agrees, and binds themselves to the stipulations set forth herein.
2.1. The Application, in its core essence, furnishes the Licensee with an intricate and detailed statistical analysis predicated upon their manga and anime consumption metrics as recorded on Anilist within the designated fiscal year.
2.2. The Licensor reserves an inalienable right, at its sole discretion, to introduce updates, enhancements, modifications, or changes to the Application, whether for the rectification of operational discrepancies, the annual augmentation of code, or the infusion of novel features.
2.3. Any substantive or significant alterations, modifications, or changes to the Application's core functionalities will be duly communicated to Licensees via electronic mail.
3.1. The Licensee solemnly covenants to utilize the Application in strict adherence to the extant legal framework, established societal moralities, and universally accepted norms of good conduct. Any usage for illicit, unauthorized, or prohibited purposes, or in contravention of the stipulations of this Agreement, shall be deemed a breach hereof.
4.1. Licensees intending to avail themselves of the complete spectrum of services offered by the Application are mandatorily required to register, furnishing accurate, current, and verifiable personal data.
4.2. The Licensor, in its capacity as the data controller, will process, handle, manage, and utilize such data in conformity with the prevailing data protection legislations, regulatory directives, and the intricacies delineated in the Application'sPrivacy Policy.
5.1. Personal and usage data entrusted to the Licensor shall be safeguarded with paramount attention to security, confidentiality, and integrity, leveraging state-of-the-art protective measures, including but not limited to those offered by MongoDB and encryption methodologies like crypto and bcrypt.
5.2. With the express and informed consent of the Licensee, the Licensor retains the unequivocal right to monetize, trade, or sell such data to vetted third-party entities. These third-party entities are strictly circumscribed to contact Licensees a singular time for every acquisition of data and are proscribed from disseminating this data outside their organizational confines.
6.1. The Application, in its operational design, utilizes digital cookies to record and store rudimentary access information of the Licensee, the primary intent of which is to expedite and enhance the user experience by hastening Application load times.
7.1. The Licensor retains full, exclusive, and unalienable rights over the source code, design paradigms, architectural schemas, and other proprietary elements of the Application.
7.2. Any graphical representations, images, or references of individual manga or anime are the sole intellectual properties of their respective copyright holders and are employed herein strictly for referential purposes.
7.3. Licensees are permitted to share self-generated content on personal digital platforms. Notwithstanding, the intellectual property rights of these creations remain vested with the Licensor. Reproductions in physical formats are strictly proscribed.
8.1. The Licensor does not furnish any warranty or guarantee regarding the Application's uninterrupted availability or operational consistency.
8.2. The Application is provisioned to the Licensee on an “as is“ and “as available“ basis, devoid of any implied or express warranties.
8.3. Licensees hereby agree to indemnify and hold harmless the Licensor from any damages, liabilities, or legal ramifications arising from misuse or unauthorized utilization of the Application.
9.1. The Application's operational mechanics are intertwined with the AniList API. Licensees hereby acknowledge and accede to the terms stipulated by AniList, which include prohibitions on data storage, mass collection, and the mandated adherence to naming conventions.
9.2. Naming Guidelines:
The Application unambiguously demarcates its unofficial affiliation with AniList or AniChart, ensuring compliance with AniList's naming directives.
9.3. Adult Content Disclaimer:
Licensees are notified that the Application, while relying on AniList's isAdult boolean, does not guarantee the accurate categorization of content. Licensees are thus advised to exert discretion and prudence.
9.4. Licensees curious about the commercial nuances of the AniList API are directed to engage in direct correspondence with AniList representatives at the furnished contact details.
10.1. This Agreement, in its entirety, is governed by and construed in accordance with the substantive and procedural laws of the Republic of Colombia.
10.2. Any disputes, contentions, disagreements, or litigations arising from or related to the Application, the Licensor, or this Agreement shall be adjudicated exclusively by the competent courts of the Republic of Colombia.