Terms of use

These terms of use (“these Terms”) set out the conditions for using the sake, shochu and awamori label-scanning service “KIKI (利き)” provided by Jerome Schramme (“the Operator”, “we”).

Article 1 (Application)

1. These Terms apply to all relations between the Operator and users concerning the use of the Service.
2. These Terms are standard terms (teikei yakkan) under Article 548-2(1) of the Civil Code of Japan.
3. The “Privacy policy”, the “Community rules”, the “External transmission” page and other rules we publish in the Service (“Individual Rules”) form part of these Terms. If these Terms and an Individual Rule differ, the Individual Rule prevails unless it says otherwise.

Article 2 (Definitions)

1. “the Service”: the whole of KIKI (利き), app and website
2. “the App”: the iPhone and Android apps and the app used in a browser
3. “the Website”: the website at kiki-sake.com
4. “users”: everyone who uses the Service
5. “registered users”: users who have registered an account under Article 5
6. “user content”: text, images and other information users send or post to the Service (ratings, review text, review photos, profiles (first name, KIKI ID, profile photo), label and menu scan photos, and contact messages)
7. “Premium”: the paid features set out in Article 13
8. “Travel Pass”: the time-limited paid feature set out in Article 14
9. “app stores”: Apple Inc.’s App Store and Google LLC’s Google Play

Article 3 (Agreement to these Terms)

1. Users use the Service after agreeing to these Terms. Registered users register after reading and agreeing to these Terms and the Privacy policy on the registration screen.
2. Using the Service is treated as agreement to these Terms.
3. On request, we show the content of these Terms on the Website.

Article 4 (Adults 20 and over only)

1. Because the Service is about alcohol, only people aged 20 or older may use it.
2. Users confirm that they are 20 or older on the App’s first start and at registration, and must not confirm this untruthfully.
3. If we learn that someone under 20 is using the Service, we may delete the account or suspend its use without prior notice.

Article 5 (Accounts)

1. Some features (saving ratings, reviews, favourites, social features, Premium and so on) need an account. You can register with an e-mail address or a Google or LINE account.
2. Registered users must give accurate information, must not create several accounts for one person, and must not let others use their account.
3. Registered users are responsible for managing their account (including the password and the account of the sign-in service used).
4. First names and KIKI IDs must not contain words that breach Article 8. We check names automatically and may refuse unsuitable ones.
5. We may refuse a registration if the applicant was previously suspended for breaching these Terms or for a similar reasonable cause.

Article 6 (Information that is public)

1. A registered user’s profile (first name, KIKI ID, profile photo, level, XP, stamps, taste summary, favourites, ratings (including ratings without review text), friend and follower counts) is public to other signed-in users by default.
2. With a private account, the content in paragraph 1 is shown only to friends and to users whose follow request was approved. The first name, KIKI ID, profile photo and the friend and follower counts are still shown to other users.
3. Reviews (text and photos) appear on the bottle pages of the Service to everyone, including people who are not signed in. Reviews by private accounts are shown without name and photo.
4. Details of what is public and how it is handled are in the Privacy policy.

Article 7 (Rights in user content)

1. The copyright in user content belongs to the user who posted it or to the rightful owner.
2. Users grant the Operator a free, non-exclusive, worldwide licence, for the period in paragraph 3, to use their user content by copying, making it available to the public, adapting it (including editing such as cropping, removing the background, resizing and adjusting brightness) and in other ways, to the extent needed to provide, run and improve the Service, and allow the Operator to sublicense this use to companies it entrusts with running the Service.
3. The licence lasts until the user content is removed from the Service (or, if the account is deleted, until then). The following uses may continue after an account is deleted:
   1. scan photos shown as bottle pictures with the user’s consent under paragraph 4;
   2. scan photos (including those used as reference images for matching) and image fingerprints made from scan photos (used in a form not linked to the user, for matching and to improve recognition);
   3. storage required by law.
4. We may use label scan photos as reference images for identifying bottles. Reference images are not shown to other users. A scan photo of a bottle the user reported as “not listed” is shown to other users as that bottle’s picture only if the user consented to showing it and we have checked its content. It is never shown with the name of the user who reported it.
5. Users will not exercise moral rights (chosakusha jinkakuken) against the Operator or its sublicensees for the uses in paragraphs 2 to 4.
6. Users warrant that they hold the rights needed to post their user content and that it does not infringe anyone’s rights. Please do not post photos showing people, photos taken by someone else, or photos of screens or websites.
7. We will ask for the user’s consent before using user content to promote the Service (including in advertising).

Article 8 (Prohibited conduct)

When using the Service, users must not:

1. break the law or public order and morals, or act in ways linked to crime;
2. post content encouraging or helping people under 20 to drink;
3. post content encouraging or pushing drinking that harms health or safety, such as downing drinks in one go, heavy drinking, drink-driving, or drinking while pregnant or breastfeeding;
4. impersonate others (including breweries, shops, well-known people and the Operator);
5. infringe others’ copyright, trademarks, portrait rights, privacy, reputation or other rights or interests;
6. post discriminatory, violent or obscene content, hate symbols or other hurtful content;
7. harass, threaten or stalk anyone;
8. publish your own or others’ personal information such as addresses, phone numbers or e-mail addresses, or put links, e-mail addresses or phone numbers in reviews;
9. advertise, solicit or spam (including repeating the same content);
10. post ratings or reviews in return for a benefit, to promote drinks you have an interest in or to run down others, or otherwise not based on fact;
11. obtain stamps, XP, rankings, invitation rewards, free Premium months or similar by unfair means such as multiple accounts or automation;
12. collect information from the Service by automated means (such as scraping) without our permission, or put an excessive load on the Service;
13. access the Service’s systems without authorisation, disrupt its operation, or reverse-engineer it except where the law allows;
14. offer to buy, sell or pass on alcohol through the Service;
15. benefit anti-social forces;
16. do anything similar to the above that hinders the sound operation of the Service.

Article 9 (Moderation, reports and blocks)

1. We check first names, KIKI IDs and review text automatically and may refuse ones containing unsuitable words, links, e-mail addresses or phone numbers. Profile photos, review photos and scan photos to be shown as bottle pictures are checked by AI before they are shown, and those that do not meet our standards are not shown.
2. Users can report reviews and other users to us. The reported user is not told who reported them.
3. A review reported by three different users is hidden automatically until we have checked it. After checking, we decide whether to show it again or keep it hidden.
4. Users can block other users. A blocked user can no longer follow the blocking user, send them friend requests or see their profile.
5. If we judge that user content or a user’s conduct breaches these Terms, we may hide or remove the content, restrict features, or suspend or delete the account. Except for serious or urgent cases, we will try to tell the user what we did.
6. A user who disagrees with a measure may write to admin@kiki-sake.com with reasons. We will review it and tell the user the result.
7. We have no duty to monitor all user content.

Article 10 (Nature of the information)

1. Information about drinks shown in the Service (brand, brewery, specifications, taste, ratings, value score, taste match, food matches, brewery introductions and so on) is guidance we make from shops’ and breweries’ public information, users’ ratings, AI processing and similar. Content compiled by AI, such as brewery introductions, is labelled as such.
2. Prices and stock are information from the shops we check, such as Rakuten Ichiba and Yahoo! Shopping, as at the time of checking. Labels such as “cheapest” or “price drop” compare the shops we check and may exclude shipping. Always check the shop’s page before buying.
3. Value scores and “good value” labels are guidance we calculate from online ratings, prices and similar, not a guarantee of a drink’s quality.
4. Reading labels and menus, translations, identifying drinks, recommendations, taste match and pairing suggestions are made by AI or automated processing and can be wrong.
5. Allergy-related ingredients shown for menu dishes (“Contains”, “Likely contains” and similar) are guesses from the dish name and similar, not guaranteed to be accurate. If you have an allergy, always ask the restaurant’s staff.
6. Users use the information in the Service at their own judgement, understanding the points above.

Article 11 (Affiliate links and advertising)

1. Links to shops in the Service (Rakuten Ichiba, Yahoo! Shopping and others) include affiliate links (advertising). When a user buys through such a link, we may receive a commission from the shop or a similar party. These links are marked “PR”.
2. The order of shops, ratings, value scores and recommendations do not depend on whether or how much commission we receive.
3. We do not sell alcohol. A purchase through a link is a contract between the user and the shop; for the product, delivery, payment and similar, the shop’s terms apply and the shop is the contact.

Article 12 (Fees)

The Service’s basic features are free. Premium and the Travel Pass are paid features; Articles 13 to 16 apply from the time they go on sale. Users pay their own connection charges.

Article 13 (Premium)

1. Premium is a paid plan that gives access to features such as taste match (%), Insights, My Cellar, pairing suggestions, more price-alert sources, an unlimited watchlist and more menu scans (up to 20 a day; free: 10 a month). The features may change under Article 17.
2. Premium costs ¥600 a month or ¥5,400 a year (tax included).
3. Premium renews automatically for the same term unless the user cancels, and each renewal is charged.
4. Users can cancel Premium at any time. Cancelling by the day before the renewal date avoids the next charge. After cancelling, Premium stays available until the end of the paid period.
5. Fees paid are not refunded, including pro rata, except where Premium could not be used because of a fault in the Service attributable to us or where the law otherwise requires a refund.
6. Conditions for sales on the web are set out in the “Legal notice under the Specified Commercial Transactions Act”.

Article 14 (Travel Pass)

1. The Travel Pass is a paid feature, mainly for visitors to Japan, that gives access to the menu-scan features for 14 days.
2. It ends 14 days after purchase and does not renew automatically.
3. The Travel Pass costs the amount shown on the purchase screen (tax included). Refunds follow Article 13(5).

Article 15 (Free months from silver stamps)

1. A registered user who earns a “silver stamp” in the stamp book receives, per silver stamp, the right to use Premium free for one month (a “free month”). The conditions are shown in the App’s stamp book.
2. Free months are an entitlement to Premium in the Service. They cannot be exchanged for cash, points or anything else of monetary value, and cannot be transferred to other users.
3. How free months start and when they expire will be announced in the Service before Premium goes on sale.
4. Free months lapse if the account is deleted or if they were obtained in breach of Article 8(11).
5. We may change or end the silver-stamp conditions and free months under Article 17. Free months already earned stay usable after a change or end.

Article 16 (Purchases through app stores)

1. When Premium or the Travel Pass is bought in the App through an app store, payment, renewal, cancellation and refunds follow that app store’s terms and procedures. Cancel under “Subscriptions” in the App Store or in Google Play.
2. Deleting your account does not cancel an app-store subscription.

Article 17 (Changes, interruption and end of the Service)

1. We may change the Service and add or remove features. We will announce in advance in the Service any change that makes paid features worse for users.
2. We may interrupt all or part of the Service for maintenance, faults, natural disasters, outages of our processors’ services or other unavoidable reasons.
3. We may end the Service after announcing it in the Service at least 30 days in advance. In that case we refund, pro rata, the fees for the remaining paid period of Premium or the Travel Pass.

Article 18 (Leaving and suspension)

1. Registered users can delete their account (leave the Service) at any time in the App under Profile → Settings → Delete account. What is deleted and what is kept is described on “Delete your account”.
2. We may suspend or delete the account of a registered user who seriously or repeatedly breaches these Terms.

Article 19 (Disclaimer and limitation of liability)

1. We do not warrant that the Service fits a user’s particular purpose or that its information is accurate, complete or up to date. We will, however, try to provide the Service properly.
2. We are liable for damage suffered by users in connection with the Service only where it is caused by our intent or negligence.
3. Even then, where our negligence is ordinary negligence (not gross negligence), we compensate only the ordinary and direct damage actually suffered, up to the higher of the following amounts. This cap does not apply to harm to a person’s life or body.
   1. the total fees the user paid us for the Service in the 12 months before the month in which the damage occurred;
   2. ¥10,000.
4. The cap in paragraph 3 does not apply to damage caused by our intent or gross negligence.
5. Please drink only from the age of 20 and in moderation. Drink-driving is prohibited by law.
6. If any provision of these Terms is invalid under the Consumer Contract Act or other laws, it applies to the extent the law allows.

Article 20 (Disputes between users)

Disputes between users, or between a user and a third party, are to be resolved between the parties. We may, however, take measures under Article 9 where we judge it necessary to keep the Service sound.

Article 21 (Exclusion of anti-social forces)

Users represent and warrant that they are not, and will not become, members of organised crime groups or other anti-social forces. If a user breaches this, we may delete the account without prior notice.

Article 22 (Changes to these Terms)

1. Under Article 548-4 of the Civil Code, we may change these Terms without each user’s individual consent where:
   1. the change is in the general interest of users; or
   2. the change does not go against the purpose of these Terms and is reasonable in light of the need for it, the appropriateness of the new content, the content of the change and other circumstances.
2. When we change these Terms, we announce the new content and the date it takes effect on the Website and in the App before it takes effect. Changes under paragraph 1(2) are announced at least 30 days before they take effect.
3. Changes that make the conditions of paid features worse for users, such as a price increase, apply from the next renewal, with time for users to cancel.

Article 23 (Assignment)

1. Users may not assign or pledge their position under these Terms or their rights and obligations under them without our written or e-mail consent.
2. If we transfer the business of the Service to a third party (including a transfer to a company we set up, a merger or a company split), we may transfer our position under these Terms, our rights and obligations, users’ registration information and other information to the transferee within the limits of the law, and users agree to this in advance. We will announce it in the Service before the transfer.

Article 24 (Notices)

We contact users by showing information in the Service, by e-mail to the registered address, or by other means we consider suitable. Users contact us at admin@kiki-sake.com.

Article 25 (Severability)

If any provision of these Terms, or part of one, is held invalid or unenforceable, the rest of these Terms stays in effect.

Article 26 (Language)

The Japanese text of these Terms is the official one. English and other translations are for reference; if they differ from the Japanese Terms, the Japanese Terms prevail.

Article 27 (Governing law and jurisdiction)

1. These Terms are governed by the laws of Japan.
2. Disputes between the Operator and a user concerning the Service are subject to the exclusive jurisdiction of the district court or summary court with jurisdiction over the Operator’s address as the court of first instance. Where the user is a consumer, the jurisdiction set by law applies.

Supplementary provision: these Terms take effect on 1 October 2026.