1. Introduction and Acceptance

Welcome to Nihontowatch. These Terms of Service ("Terms") govern your access to and use of the Nihontowatch website, services, and applications (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on the Service prior to the change becoming effective. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

2. Description of Service

Nihontowatch is an aggregator platform that collects and displays listings for Japanese swords (nihonto), sword fittings (tosogu), and related items from dealers worldwide. Our Service includes:

• Browse and search functionality for aggregated dealer listings
• Price tracking and alerts
• Saved searches and favorites
• Currency conversion
• Email notifications
• Subscription services with premium features

Important: Nihontowatch does not sell, buy, or broker the sale of any items. All transactions occur directly between you and the individual dealers. We are not a party to any transaction and bear no responsibility for the quality, safety, legality, or delivery of any items purchased from dealers listed on our platform.

2.5 Data Sources and Third-Party Content

Scholarly Data Sources

Certain premium features of the Service—including catalog translations, artist statistics, enrichment data, and scholarly annotations—are powered by a proprietary curated dataset maintained by Hestia Holdings GmbH through the Yūhinkai platform (yuhinkai.com). This data is used under license from Hestia Holdings GmbH.

Community curators contribute to the quality and completeness of this dataset. Their contributions are used in accordance with the Yūhinkai Curation & Access Agreement.

Third-Party Intellectual Property

Enrichment data displayed on the Service is derived from multiple sources, including publications by the Society for the Preservation of Japanese Art Swords (NBTHK), auction catalogs, and other scholarly works. All such source materials remain the intellectual property of their respective rights holders.

Where the Service displays images or excerpts derived from third-party publications, such use is limited and restrained—for example, thumbnails for identification purposes or brief excerpts for scholarly context—and is not intended to serve as a substitute for the original publications. We encourage users to acquire original publications to support the organizations that produce these materials.

Dealer Listings

Listing content (descriptions, images, specifications, prices) is provided by dealers and remains their intellectual property. We display this content for aggregation and comparison purposes. Any use of dealer content beyond personal, non-commercial viewing requires permission from the respective dealer.

3. User Accounts

3.1 Account Registration

To access certain features of the Service, you must create an account. When you register:

• You must provide accurate and complete information
• You must be at least 16 years of age
• You are responsible for maintaining the security of your account credentials
• You must notify us immediately of any unauthorized access to your account

3.2 Account Security

You are solely responsible for all activities that occur under your account. We recommend using a strong, unique password and enabling any available security features.

3.3 Account Termination

You may delete your account at any time through your account settings or by contacting us. We may suspend or terminate your account if you violate these Terms or engage in conduct that we determine, in our sole discretion, is harmful to other users, dealers, or the Service.

4. Subscription Terms

4.1 Subscription Plans

We offer various subscription tiers with different features and pricing. Subscription details, including current pricing and features, are available on our pricing page.

4.2 Billing

Subscriptions are billed in advance on a monthly or annual basis. Payment is processed through our third-party payment provider (Stripe). You authorize us to charge your payment method for the recurring subscription fee.

4.3 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. You will continue to have access to premium features until the end of your paid period.

4.4 Refunds

Subscription fees are generally non-refundable. However, we may provide refunds or credits at our sole discretion, particularly in cases of:

• Technical issues preventing access to paid features
• Duplicate charges
• Extenuating circumstances

To request a refund, please contact us at support@nihontowatch.com.

5. Acceptable Use Policy

When using our Service, you agree not to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others, including intellectual property rights
• Use automated systems (bots, scrapers, etc.) to access the Service without our written permission
• Attempt to gain unauthorized access to our systems or other users' accounts
• Transmit viruses, malware, or other harmful code
• Harass, threaten, or intimidate other users or dealers
• Post false, misleading, or defamatory content
• Use the Service for any fraudulent or illegal purpose
• Interfere with or disrupt the Service or servers
• Circumvent any rate limiting or access controls

6. Intellectual Property

6.1 Nihontowatch Content

The Service, including its design, features, and original content created by us, is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works from our content without our express written permission.

6.2 Third-Party and Licensed Content

The Service displays content from multiple sources, including dealer listings, scholarly enrichment data licensed from Hestia Holdings GmbH, and materials derived from third-party publications. All such content remains the intellectual property of its respective owners. See Section 2.5 for details on data sources and permitted uses.

6.3 User Content

If you submit content to the Service (such as feedback or saved search names), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display that content in connection with the Service.

7. Third-Party Links and Services

7.1 Dealer Websites

Our Service contains links to dealer websites. When you click on a listing, you will be directed to the dealer's website to complete any transaction. We are not responsible for the content, policies, or practices of any third-party website.

7.2 No Endorsement

The inclusion of any dealer or listing on our Service does not constitute an endorsement or recommendation. We do not verify the accuracy of listings, the authenticity of items, or the reliability of dealers. You are solely responsible for conducting your own due diligence before making any purchase.

7.3 Third-Party Services

Our Service integrates with third-party services (e.g., payment processing, email delivery). Your use of these services may be subject to their respective terms and privacy policies.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We specifically disclaim all warranties regarding:

• Listing Accuracy: We do not guarantee that listing information (prices, availability, descriptions, images) is accurate, complete, or current. Dealers may update their inventory at any time.
• Item Authenticity: We make no representations about the authenticity, provenance, or quality of any items listed. Authentication and verification are solely your responsibility.
• Service Availability: We do not guarantee uninterrupted or error-free access to the Service.
• Third-Party Conduct: We are not responsible for the actions, products, or services of any dealers or third parties.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIHONTOWATCH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or data
• Damages arising from purchases made through linked dealer websites
• Damages resulting from inaccurate listing information
• Damages from unauthorized access to your account
• Any other damages arising from your use of the Service

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless Nihontowatch and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your use of the Service
• Your violation of any third-party rights
• Any content you submit to the Service

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Service shall be resolved in the state or federal courts located in San Francisco County, California. You consent to the personal jurisdiction of such courts.

If you are located in the European Union, you may also bring proceedings in the courts of your country of residence.

12. Dispute Resolution

We encourage you to contact us first to resolve any disputes. Most issues can be resolved informally by contacting support@nihontowatch.com.

For any dispute that cannot be resolved informally, you agree that the dispute will be resolved through binding arbitration, except that either party may bring claims in small claims court if eligible.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Nihontowatch.

13.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

14. Contact Information

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

Nihontowatch
Email: legal@nihontowatch.com
Website: https://nihontowatch.com