SocialCounter Terms of Service

These Terms of Service (these "Terms") are a binding agreement between you ("you" or the "User") and SIMCODE Inc., a company incorporated under the laws of Japan with its registered office at 1-10-8-2F-C Dogenzaka, Shibuya-ku, Tokyo, Japan ("SIMCODE," "we," "us," or "our"), governing your access to and use of SocialCounter, our real-time social media follower count display service, including the web application and any related iOS/Android applications (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service. If you use the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A DISCLAIMER OF WARRANTIES (SECTION 11), A LIMITATION OF LIABILITY (SECTION 12), AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SECTION 15) THAT AFFECT YOUR LEGAL RIGHTS. SECTION 15 EXPLAINS HOW YOU CAN OPT OUT OF ARBITRATION.

1. Scope; Additional Policies

• These Terms apply to all use of the Service through its English-language interface.
• Our Privacy Policy and any additional guidelines or rules we post within the Service (collectively, "Additional Policies") are incorporated into these Terms by reference. If an Additional Policy conflicts with these Terms, the Additional Policy controls with respect to its subject matter.
• The Japanese-language version of the SocialCounter terms of service (available at /terms) is a separate document intended for users of the Japanese-language service. These Terms, not the Japanese version, govern your use of the English-language Service.

2. Eligibility

• You must be at least 16 years old to use the Service. If you are under the age of majority in your jurisdiction, you may use the Service only with the consent of a parent or legal guardian.
• You may not use the Service if you are prohibited from doing so under applicable law.

3. Account Registration and Security

• To use the Service, you must register an account using an email address and password, or through a supported social login (Google or Facebook).
• You agree to provide accurate and complete registration information and to keep it up to date.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must not transfer, sell, share, or lend your account to any third party.
• We may treat any access to the Service using your credentials as access by you. Notify us immediately through our contact form if you suspect unauthorized use of your account.
• We may refuse, suspend, or revoke registration if we reasonably believe the applicant has provided false information, has previously violated these Terms, or is otherwise unsuitable, and we are not obligated to disclose our reasons.

4. The Service

The Service provides, among other features:

• real-time display of follower/subscriber counts for social media accounts you connect (YouTube, Instagram, Facebook, and TikTok);
• multiple display modes (digital, analog, split-flap, and others) and visual effects;
• milestone notifications and celebration effects, including configurable "jackpot" number features;
• follower count history tracking; and
• additional features available under paid plans.

Follower counts displayed by the Service are retrieved through the official APIs of the relevant social media platforms. Their freshness and accuracy depend on each platform's API specifications and update frequency. We do not guarantee that displayed counts are accurate, complete, or updated in real time.

We may add, modify, or remove features of the Service from time to time. We will provide reasonable advance notice of changes that materially reduce the core functionality of a paid plan.

5. Social Media Account Connections

• You may connect only social media accounts that you own or are duly authorized to manage.
• The information we obtain through connected accounts is described in our Privacy Policy.
• You may disconnect a social media account at any time. Upon disconnection, data relating to that account is deleted from the Service.
• Your use of each social media platform remains subject to that platform's own terms. Platform API restrictions, changes, or outages may limit or disable parts of the Service, and we are not responsible for any resulting unavailability or loss.

6. Fees, Billing, and Trials

• The Service is a paid subscription service. Current plans and prices are displayed on the Service. Unless stated otherwise at checkout, applicable taxes are calculated and added at checkout.
• Payments are processed by Stripe, Inc. We do not store your full payment card details on our servers.
• Subscriptions are billed monthly and renew automatically until you cancel. By subscribing, you authorize recurring charges to your payment method.
• Where offered, a free trial (currently 7 days) is available once per customer. At the end of the trial, your subscription converts to a paid subscription and billing begins unless you cancel before the trial ends. We may decline to offer a trial to customers who have previously subscribed to or deleted an account with the Service.
• You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the then-current billing period, and you retain access to paid features until then.
• Except where required by applicable law, all fees are non-refundable, and no refunds or credits are provided for partial billing periods or unused features.
• We may change our fees with at least 30 days' prior notice. New fees apply from your next renewal after the notice period.
• If a payment fails, we may suspend or downgrade your access to paid features until payment is completed.

7. Acceptable Use

You agree not to, and not to permit any third party to:

• use the Service in violation of any applicable law or regulation, or for any criminal or fraudulent purpose;
• infringe the intellectual property, publicity, privacy, or other rights of SIMCODE, other users, or any third party;
• interfere with, disrupt, or place undue load on the Service or its servers or networks;
• attempt to gain unauthorized access to the Service, other users' accounts, or related systems;
• collect or harvest personal information of other users;
• impersonate any person or entity;
• access the Service's APIs in an unauthorized manner, scrape the Service, or use the Service outside its intended manner of use;
• connect a social media account you are not authorized to manage;
• use the Service for the purpose of artificially inflating or manipulating follower counts; or
• resell, sublicense, or provide the Service to third parties as a service bureau without our written consent.

We may investigate suspected violations and may suspend or terminate accounts engaged in prohibited conduct.

8. Intellectual Property; Your Content

• The Service, including its software, design, and branding, is owned by SIMCODE or its licensors and is protected by intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your own business or personal purposes, and no other rights.
• You retain all rights to the settings and content you enter into the Service ("User Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display User Content solely as necessary to provide, maintain, and improve the Service.
• Feedback you provide about the Service may be used by us without restriction or obligation to you.

9. Suspension; Modification; Discontinuation

• We may temporarily suspend all or part of the Service without prior notice for system maintenance or updates; in the event of force majeure (including earthquake, fire, power outage, or other natural disasters); due to failure, suspension, or specification changes of third-party APIs; or where we otherwise reasonably determine that provision of the Service is impracticable.
• We may modify the Service, and we may discontinue the Service upon at least 30 days' notice to registered users.

10. Termination

• You may delete your account at any time through the method we provide. Upon account deletion, your data is handled as described in our Privacy Policy.
• We may suspend or terminate your account, with or without prior notice, if you breach these Terms, if your registration information is found to be false, if your account has been inactive for one year or more, or if we otherwise reasonably determine that your continued use of the Service is inappropriate.
• Sections that by their nature should survive termination (including Sections 8, 11, 12, 13, 14, 15, and 16) survive termination of these Terms.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT ANY FOLLOWER COUNTS OR OTHER DATA DISPLAYED WILL BE ACCURATE OR CURRENT; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE WILL REMAIN COMPATIBLE WITH ANY THIRD-PARTY PLATFORM OR API. WE DO NOT COMMIT TO ANY SPECIFIC UPTIME OR AVAILABILITY LEVEL.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited under applicable law, including mandatory consumer protection laws of your place of residence.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SIMCODE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNT OF FEES YOU PAID TO US FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The limitations in this Section do not apply to liability arising from our willful misconduct or gross negligence, or to any liability that cannot be limited under applicable law. Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of the above limitations may not apply to you.

13. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless SIMCODE and its officers, directors, employees, and agents from and against any claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) brought by a third party arising out of or relating to: (a) your breach of these Terms; (b) your violation of applicable law or of the rights of a third party; (c) your User Content; or (d) your connection of a social media account you are not authorized to manage. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

14. Third-Party Services

The Service interoperates with third-party platforms and services (including YouTube, Instagram, Facebook, TikTok, and Stripe). We are not responsible for third-party services, and your use of them is governed by their own terms and policies. We are not liable for any loss arising from the failure, modification, suspension, or termination of any third-party service.

15. Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES DISPUTES TO BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, UNLESS YOU OPT OUT AS DESCRIBED BELOW.

• Informal resolution first. Before commencing arbitration, you agree to contact us through our contact form and attempt in good faith to resolve the dispute informally for at least 30 days.
• Agreement to arbitrate. Any dispute, controversy, or claim arising out of or relating to these Terms or the Service that is not resolved informally shall be finally settled by binding arbitration administered by the Japan Commercial Arbitration Association (JCAA) in accordance with its Commercial Arbitration Rules. The seat of arbitration shall be Tokyo, Japan. The language of the arbitration shall be English. The number of arbitrators shall be one. Judgment on the award may be entered in any court having jurisdiction. Where required for enforceability of this Section for users in the United States, the parties agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
• Class action waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims. If this class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in the courts identified in Section 16 rather than in arbitration.
• Exceptions. Either party may (i) bring an individual claim in a small claims court of competent jurisdiction, and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights. This Section does not deprive you of the protection of mandatory consumer protection provisions, or of your right to bring proceedings in the courts, of your country of residence where applicable law grants you that right notwithstanding this Section.
• 30-day opt-out right. You may opt out of this arbitration agreement and class action waiver by submitting our contact form, selecting "Arbitration opt-out" as the subject, within 30 days of first accepting these Terms, and stating your account email address and that you wish to opt out of arbitration. If you opt out, or if this Section is found unenforceable, disputes will be resolved in the courts identified in Section 16, and the remainder of these Terms will continue to apply.

16. Governing Law; Venue

• These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of Japan, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
• Subject to Section 15 (Binding Arbitration), the Tokyo District Court shall have exclusive jurisdiction as the court of first instance over any dispute that is not subject to, or is excluded or opted out from, arbitration.
• Nothing in this Section deprives you of the protection of provisions of the law of your country of habitual residence that cannot be derogated from by agreement.

17. Changes to These Terms

• We may modify these Terms from time to time. The updated Terms take effect when posted on the Service, except that for material changes we will provide notice (by posting on the Service, email, or other reasonable means) at least 14 days before the effective date.
• Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of them. If you do not agree to updated Terms, you must stop using the Service and may cancel your subscription.

18. General

• Assignment. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Notices. We may provide notices to you via the Service or by email to your registered address; email notices are deemed received when sent.
• Entire agreement. These Terms, together with the Additional Policies, constitute the entire agreement between you and SIMCODE regarding the Service.

Contact

If you have questions about these Terms, please contact us:

These Terms are effective as of August 1, 2026.