Damotion Terms of Use
1. Acceptance of Terms
Welcome to Damotion Management Consulting Co., Ltd. (“Damotion”, “we”, “our”, or “us”) and its products and services, including but not limited to the Yano Simulator platform (“Services”).
By accessing, registering for, or using our website, software, products, or services, you agree to comply with and be legally bound by these Terms of Use (“Terms”).
If you do not agree with these Terms, you must not access or use the Services.
2. Eligibility
You must be at least 18 years old or the legal age of majority in your jurisdiction to create an account and use the Services.
By using the Services, you represent and warrant that you satisfy these eligibility requirements.
3. User Accounts
3.1 Account Registration
Users may be required to create an account to access certain Services. You agree to provide accurate, current, and complete information during registration and to maintain the accuracy of such information.
3.2 Account Security
Users are solely responsible for:
- Setting and maintaining secure passwords;
- Protecting account credentials; and
- All activities conducted under their accounts.
For enhanced security, users may choose to enable password protection or other security mechanisms for locally saved simulation models and project files within Yano Simulator.
Damotion shall not be liable for any loss, damage, unauthorized access, digital asset loss, financial loss, or other consequences arising from:
- Password leakage;
- Phishing attacks;
- Cybersecurity incidents;
- Network attacks;
- Unauthorized account access;
- Malware or ransomware;
- Device compromise;
- User negligence; or
- Any other third-party or malicious activities.
Users acknowledge and accept all associated cybersecurity risks when using online services and locally storing digital files.
4. License to Use the Services
Damotion grants users a limited, non-exclusive, non-transferable, revocable license to access and use Yano Simulator and related Services for lawful purposes, including:
- Personal learning;
- Education;
- Academic research;
- Professional consulting; and
- Commercial analysis and modeling activities.
This license does not transfer ownership of the software, intellectual property, or platform infrastructure.
5. Restrictions on Use
Users shall not:
- Resell, sublicense, rent, lease, lend, distribute, or commercially transfer their accounts;
- Share accounts with other individuals or institutions;
- Reverse engineer, decompile, or attempt to extract source code;
- Use automated systems to abuse platform resources;
- Interfere with platform security or operations;
- Conduct fraudulent, illegal, harmful, or misleading activities; or
- Use Damotion’s name, trademarks, branding, or identity for unauthorized activities.
If Damotion reasonably suspects suspicious, unauthorized, or abusive activities, Damotion reserves the right to:
- Suspend accounts;
- Restrict access;
- Investigate activities; and/or
- Permanently delete user accounts without prior notice.
6. Subscriptions, Billing, and Star Credits
6.1 Subscription Plans
Damotion may provide both free and paid subscription tiers for Yano Simulator and related Services.
Users are solely responsible for:
- Evaluating their own usage requirements;
- Selecting the appropriate subscription tier; and
- Managing subscription status and billing settings.
Features, usage limits, storage capacity, computing resources, and service availability may differ between subscription tiers.
Damotion reserves the right to:
- Modify subscription plans;
- Adjust pricing;
- Add or remove features;
- Change usage limitations;
- Introduce new subscription categories; or
- Discontinue existing plans
at any time in our sole discretion, provided that we give at least thirty (30) days’ prior notice of such changes.
Continued use of the Services after such changes become effective constitutes acceptance of the updated subscription terms and pricing.
6.2 Third-Party Payment Processing
All online payments are processed by independent third-party payment service providers, including but not limited to PayPal Holdings, Inc.
Damotion does not directly collect, process, or store sensitive payment credentials, including but not limited to:
- Bank account passwords;
- Credit card passwords;
- PayPal account passwords; or
- Financial authentication credentials.
Users acknowledge that payment transactions are governed by the terms, privacy policies, and security practices of the respective third-party payment providers.
Damotion shall not be liable for:
- Payment processing failures;
- Banking issues;
- Third-party payment platform outages;
- Unauthorized payment activities; or
- Financial losses arising from third-party payment systems.
6.3 Automatic Recurring Billing
If users subscribe to paid subscription plans with recurring billing enabled, users authorize automatic periodic charges through their selected payment methods.
Subscription fees may be automatically deducted from users’:
- PayPal accounts;
- Bank accounts;
- Credit cards; or
- Other authorized payment methods
on a recurring basis until the subscription is canceled.
Users are solely responsible for:
- Monitoring active subscriptions;
- Canceling subscriptions before renewal dates if desired;
- Maintaining valid payment methods; and
- Renewing subscriptions before expiration to avoid service interruption.
Damotion shall not be liable for:
- Charges resulting from forgotten cancellations;
- Automatic renewals;
- Expired payment methods;
- Failed renewals;
- Loss of access to paid features due to subscription expiration; or
- Financial losses associated with subscription management.
6.4 Subscription Upgrades
Users may upgrade to higher subscription tiers before the expiration of their current subscription period.
New paid subscriptions become effective immediately after successful payment verification by the third-party payment provider.
Upgrades from an existing active paid subscription plan to another paid subscription tier are not currently applied immediately. Users must first cancel the existing subscription plan and wait until the current paid subscription period expires before subscribing to a different paid tier.
Damotion does not provide reimbursement, prorated credits, or partial refunds for any remaining subscription period associated with canceled or replaced subscription plans.
6.5 Star Credits and Top-Up Services
Damotion may provide a virtual platform credit system known as “Stars” for purchasing or accessing certain platform features and services.
Stars:
- Are virtual digital credits only;
- Have no cash value;
- Are non-transferable;
- Cannot be exchanged between users; and
- Do not constitute personal property rights.
Users may purchase or top up Stars online at any time.
Unless otherwise stated:
- The current reference exchange rate is 1 USD = 2 Stars.
Damotion reserves the right to:
- Modify Star pricing;
- Adjust exchange rates;
- Change Star-related features;
- Introduce expiration policies; or
- Modify usage limitations
at any time in our sole discretion, provided that we give at least thirty (30) days’ prior notice of such changes.
6.6 No Refunds and Non-Withdrawal Policy
Unless otherwise required by applicable law or explicitly stated by Damotion:
- No refunds shall be issued;
- No withdrawals shall be permitted;
- Unused Stars cannot be redeemed for cash;
- Remaining subscription periods are non-refundable; and
- Partial usage refunds are not available.
Before permanently deleting an account, users are solely responsible for:
- Using any remaining Stars;
- Canceling active subscriptions; and
- Downloading or backing up any necessary content.
Damotion shall not be responsible for:
- Financial losses associated with unused Stars;
- Forgotten active subscriptions;
- Loss of remaining subscription time;
- Deleted account balances; or
- User negligence in managing account assets.
6.7 Taxes and Final Pricing
Unless otherwise expressly stated, all displayed charges and fees include applicable:
- Taxes;
- Levies;
- Duties;
- Value-added taxes (VAT);
- Sales taxes;
- Use taxes;
- Withholding taxes; and
- Other governmental assessments
imposed by any local, state, provincial, national, or foreign jurisdiction (collectively, “Taxes”).
The listed service price displayed at checkout shall be considered the final payable amount unless otherwise required by applicable law.
6.8 Suspension or Termination for Billing Violations
Damotion reserves the right to suspend, restrict, or terminate accounts for:
- Fraudulent payment activities;
- Chargebacks;
- Payment abuse;
- Unauthorized transaction activities;
- Violation of subscription policies; or
- Attempts to manipulate Star systems or billing mechanisms.
Damotion further reserves the right to recover losses, fees, damages, or administrative costs associated with abusive or fraudulent payment behavior.
8. Software Disclaimer and Limitation of Liability
Yano Simulator and related Services are provided on an “AS IS” and “AS AVAILABLE” basis.
Damotion makes no warranties, express or implied, regarding:
- Accuracy of simulation outputs;
- Availability or uptime;
- Error-free operation;
- Fitness for a particular purpose; or
- Reliability of generated results.
Users acknowledge that simulation software may contain:
- Software bugs;
- Modeling inaccuracies;
- Computational errors;
- Unexpected behaviors; and
- Operational risks.
Damotion shall not be liable for any:
- Direct losses;
- Indirect losses;
- Financial losses;
- Business interruption;
- Lost profits;
- Lost data;
- Digital asset losses;
- Decision-making consequences;
- Consulting losses; or
- Damages resulting from software usage, user operations, negligence, or reliance on simulation outputs.
Users are solely responsible for validating simulation results and making independent professional judgments.
9. Pricing and Service Changes
Damotion reserves the right to:
- Modify website content;
- Change software features;
- Adjust subscription plans;
- Update pricing;
- Add or remove Services;
- Introduce usage limitations; or
- Discontinue products or functionalities
at any time in our sole discretion, provided that we give at least thirty (30) days’ prior notice of such changes.
Continued use of the Services after such changes become effective constitutes acceptance of the updated terms and pricing.
10. Intellectual Property
All content, software, trademarks, logos, graphics, designs, source code, documentation, and materials provided by Damotion remain the exclusive property of Damotion or its licensors.
Users may not reproduce, distribute, modify, or commercially exploit any proprietary content without prior written permission.
11. Termination
Damotion reserves the right to suspend or terminate accounts at its sole discretion for:
- Violation of these Terms;
- Fraudulent or suspicious activities;
- Illegal conduct;
- Abuse of the platform; or
- Unauthorized account sharing.
Users may stop using the Services at any time.
12. Modifications to Terms
Damotion may revise or update these Terms from time to time.
Updated versions become effective upon publication on the website unless otherwise stated.
Users are responsible for reviewing the latest Terms periodically. Continued use of the Services after updates constitutes acceptance of the revised Terms.
13. Governing Law
These Terms shall be governed and interpreted in accordance with the applicable laws and regulations of the jurisdiction in which Damotion operates, without regard to conflict-of-law principles.
14. Contact Information
For legal inquiries or questions regarding these Terms, please contact:
Damotion Management Consulting Co., Ltd.
Email: [email protected]
Website: https://damotion.win