Terms of Service

1. Description of Service

Kicks Pass is a sneaker restock notification app. The App monitors selected retail websites and sends push notifications when restocked items are detected. Key features include:

• Real-time restock alerts from 70+ supported retail sites worldwide.
• SNKRS PASS and JUST DROPPED (surprise release) notifications.
• Customizable alerts by brand, shoe size, and preferred sites.
• Early access to restock information (Premium subscribers).

The App does not sell sneakers. We provide information and links to third-party retailer websites. All purchases are made directly through those retailers, and we have no control over their inventory, pricing, or purchase process.

2. Accounts

1. The App does not require account registration. An anonymous user ID is automatically assigned when you first use the App.
2. If you delete and reinstall the App, your previous settings, preferences, and subscription status may not be recoverable unless linked through your Apple ID or Google account.

3. Subscriptions and Payments

3.1 Free and Premium Plans

• Free Plan: Basic restock notifications with standard delivery speed.
• Premium Plan: Priority notifications, expanded site coverage, size-specific alerts, and early access to restock information.

3.2 Billing

• Subscriptions are billed through Apple's App Store or Google Play.
• Payment is charged to your App Store or Google Play account upon confirmation of purchase.
• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period.

3.3 Cancellation and Refunds

• You may cancel your subscription at any time through your device's subscription settings (App Store or Google Play).
• Cancellation takes effect at the end of the current billing period; you retain access until then.
• Refund requests must be directed to Apple or Google, as they process all payments. We do not have access to your payment information.

3.4 Right of Withdrawal (EU/EEA/UK Consumers)

Consumers residing in the EU, EEA, or UK have a statutory right to withdraw from a subscription purchase within 14 days of the transaction, in accordance with the EU Consumer Rights Directive (2011/83/EU) and equivalent UK legislation. However, by purchasing and immediately accessing Premium features, you expressly consent to the immediate performance of the service and acknowledge that you lose the right of withdrawal once the service has been fully performed. Refund requests under this right should be submitted through Apple or Google, who process all payments on our behalf.

4. Acceptable Use

You agree not to:

1. Use the App in connection with automated purchasing tools ("bots"), scripts, or any software designed to gain an unfair advantage in purchasing sneakers.
2. Reverse-engineer, decompile, disassemble, or attempt to extract the source code of the App.
3. Use the App to scrape, copy, or redistribute restock data for commercial purposes.
4. Attempt to interfere with, compromise, or disrupt the App's infrastructure.
5. Resell, sublicense, or redistribute access to the App or its features.
6. Use the App in violation of any applicable law or regulation.

We reserve the right to terminate or suspend access for users who violate these Terms.

5. Intellectual Property

All content within the App—including but not limited to text, graphics, logos, icons, software, and design—is the property of Newelse, Inc. or its licensors and is protected by applicable intellectual property laws.

• Product names, brand names, and logos displayed in restock notifications belong to their respective owners and are used for informational purposes only.
• Kicks Pass is not affiliated with, endorsed by, or sponsored by any sneaker brand or retailer.

6. Disclaimers

6.1 No Guarantee of Purchase

The App provides restock notifications only. We do not guarantee that you will be able to purchase any product. Availability depends entirely on the retailer's inventory, and items may sell out before you can complete a purchase.

6.2 Notification Delivery

We make commercially reasonable efforts to deliver notifications promptly, but we cannot guarantee:

• The speed or timing of notifications.
• That all restocks will be detected.
• That notifications will be delivered to your device (delivery depends on network conditions, device settings, and third-party push notification services).

6.3 Third-Party Websites

The App contains links to third-party retail websites. We are not responsible for:

• The content, accuracy, or availability of these websites.
• Any transactions you conduct on these websites.
• Any loss or damage arising from your use of these websites.

6.4 Service Availability

The App is provided "AS IS" and "AS AVAILABLE." We do not warrant that the App will be uninterrupted, error-free, or free of harmful components.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEWELSE, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits or anticipated savings.
• Loss of data.
• Inability to purchase a desired product.
• Service interruptions or delays.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS PRECEDING THE CLAIM.

Nothing in these Terms excludes or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be excluded or limited under applicable law, including applicable consumer protection laws in Japan, the EU, the EEA, and the UK.

8. Indemnification

You agree to indemnify and hold harmless Newelse, Inc., its officers, directors, and employees from any claims, damages, or expenses arising from your use of the App or violation of these Terms.

9. Modifications to the Service

We reserve the right to:

• Modify, suspend, or discontinue any feature of the App at any time.
• Change the list of supported retail sites.
• Update pricing for Premium subscriptions (existing subscribers will be notified in advance).

10. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated through the App or via push notification. Your continued use of the App after changes take effect constitutes acceptance of the revised Terms.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Japan.

Any dispute arising from these Terms or the use of the App shall first be resolved through good-faith negotiation (typically within 30 days from the date of notification). If negotiation fails, the dispute shall be submitted to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Consumer Rights Notice: If you are a consumer, nothing in this clause affects your right to bring proceedings in the courts of your country of habitual residence, nor deprives you of the protection of mandatory consumer-protection rules of that country. EU/EEA consumers may also use the EU's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

12. Severability

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

13. Language

These Terms are provided in English and Japanese. In case of any inconsistency between the two versions, the English version shall prevail, except where Japanese law or other applicable mandatory law requires the Japanese version to control.