Terms of Use

These Terms of Use (the “Terms”) govern your use of the app Nap Pile (Japanese name おひるねのやま, the “App”) provided by Daiki Hirose (“we”, “us”). By using the App you agree to these Terms.

1. Scope

These Terms apply to all matters between you and us concerning the App. How we handle your information is set out in the Privacy Policy. Prices, payment and cancellation are summarised in Section 6 and, for Japan, in the Act on Specified Commercial Transactions notice (Japanese).

2. Relationship with Apple

1. These Terms are between you and us, not Apple Inc. or its subsidiaries. We alone are responsible for the App and its content.
2. We, not Apple, are responsible for maintenance and support, warranties, and any product claims (including product liability, legal compliance and consumer protection claims). If the App fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price; to the extent permitted by law, Apple has no other warranty obligation.
3. We, not Apple, are responsible for investigating, defending, settling and discharging any claim that the App infringes a third party’s intellectual property rights.
4. You represent that you are not located in a country subject to a US Government embargo and are not on any US Government list of prohibited or restricted parties. You will comply with any applicable third-party terms when using the App.
5. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, may enforce them against you.

3. Licence

1. We grant you a non-transferable, non-exclusive licence to use the App for personal, non-commercial purposes on Apple devices that you own or control.
2. The characters, artwork, music, text, user interface and software of the App belong to us or our licensors. You may not copy, redistribute, sell, modify or reverse-engineer them without our permission. Sharing screenshots or gameplay videos for personal purposes is fine.

4. Your data and device transfers

The App has no account system. Game progress, Dream Fragments, tools, themes and other data are stored only on your device. If you switch devices, move to another device, reset the device or reinstall the OS, this data cannot be transferred and we cannot restore it. When you reinstall the App on the same device we try to restore the wallet where possible, but we do not guarantee it.

5. In-app items

1. Dream Fragments, tools, themes, music and other in-app items are features usable only within the App. They are not real currency, property or rights, and cannot be exchanged for cash or other currencies or points, cashed out or refunded.
2. We may change the content, price (in fragments), availability and effect of items, or discontinue them, where necessary to operate the game.
3. Fragments bought through Fragment Packs (consumable in-app purchases) are credited to the App immediately, at which point delivery is complete. Being consumable, they are not covered by “Restore Purchases”, and we do not compensate for fragments lost for the reasons in Section 4.

6. Nap Pass

1. Nap Pass is an auto-renewing subscription available as a monthly plan (¥600 per month, tax included) or a yearly plan (¥2,900 per year, tax included). While subscribed you get unlimited plays of Today’s Bed, no full-screen ads, 1,500 Dream Fragments per renewal period, all music tracks, the picture-book theme and the limited themes. There is no free trial. Outside Japan, the price shown in the App Store applies.
2. Your subscription renews and is charged automatically unless you cancel it in your App Store subscription settings at least 24 hours before the end of the current period. After cancelling you keep the benefits until the paid period ends. We do not give pro-rata refunds for a paid period.
3. Fragments for each period are credited when you open the App. On the yearly plan they are credited in 30-day periods counted from the purchase date, 1,500 per period, and any periods that passed while the App was not opened are credited together. On the monthly plan they are credited when you open the App during that renewal period. Credited fragments stay on your device after cancellation.
4. Nap Pass purchased with the same Apple ID can be restored through “Restore Purchases”.

7. Advertising

The App shows video ads that you choose to watch and at most one full-screen ad per day. Full-screen ads are not shown to Nap Pass subscribers. Ad content is provided by Google and advertisers, not by us, and we are not responsible for the products or services advertised. Consent to the use of information for advertising is covered in Section 4 of the Privacy Policy.

8. Prohibited conduct

You must not use the App in a way that breaks the law or infringes others’ rights, modify, reverse-engineer or tamper with the App, obtain items unfairly by manipulating the device clock or data, or interfere with the operation of the App. We may revoke items or take other necessary measures in response to such conduct.

9. Disclaimer and limitation of liability

We do not warrant that the App will be fit for a particular purpose, uninterrupted, or free from data loss. To the extent permitted by law, our liability in connection with the App is limited to direct and ordinary damages and capped at the amount you paid us in the 12 months before the claim. This limitation does not apply to liability arising from our wilful misconduct or gross negligence, or to liability that cannot be limited under applicable law.

10. Changes and termination

We may change, add to, suspend or discontinue the App or these Terms as needed. Material changes to these Terms will be announced on this page or by other appropriate means; continuing to use the App after a change means you accept it. If we discontinue the App we will try to give reasonable advance notice.

11. Governing law and jurisdiction

These Terms are governed by the laws of Japan, and the Tokyo District Court has exclusive jurisdiction in the first instance over any dispute concerning the App. However, if you are a consumer, nothing in this section deprives you of the protection of mandatory consumer-protection provisions of the law of the country or region where you live.

12. Contact

Please contact us at dhirose.business@gmail.com.