Last Updated : December 12th, 2018
Before using our application, please read the rules below carefully
By accessing and using this service, you accept and agree to be bound by the terms and provisions of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service.
This document sets out our rules, policies and other documents that makes up our Terms & Conditions (hereinafter "Terms"). The Terms are a legally binding contract between you and Rainmaker, Inc. and sets out your responsibilities and rights when you use our smartphone application “Callmart”, as well as all related websites and other services provided by us.
By using our services, you are providing consent to a legally binding contract and hereby comply with all the terms.
Please make sure to read and review this document in its entirety. Amendments made to our Terms and Conditions by us will be updated on this website and will be effective at the time we post it on our website. Therefore, you should review our Terms and Conditions every time you use our service.
- 1. Definitions
- 2. Our Service
- 3. Agreement to Terms and Conditions
- 4. Agreement & Adherence to Legal Provisions
- 5. Responsibility
- 6. Limitation/Exemption of Liability
- 7. Fee and Payment
- 8. Termination Clause
- 9. Withdrawal
- 10. Treatment of User Information
- 11. Suspension of the Services
- 12. Services Modification and Termination
- 13. Ownership of Rights
- 14. Disclaimer and Waiver of Warranties
- 15. Equipment
- 16. Confidentiality
- 17. Notice
- 20.Governing Law and Jurisdiction
“Rainmaker”, “the Company” refers to the managing company Rainmaker, Inc. based in Tokyo, Japan.
“The App”, “The Application” refers to the Callmart mobile application.
“User(s)” refers to any person who uses the Callmart application, including but not limited to Buyers, Sellers, people who have registered an account with Rainmaker’s Callmart application, and the like.
- "Purchaser" or “Buyer” refers to registered users who purchase products through the Services.
- “Seller” means a registered user selling goods through the Services.
- "Purchaser copyrighted work" means the expression created by the purchaser and posted / transmitted by the purchaser on our website in using the Services.
"Listing" refers to what the Seller publishes, including but not limited to detailed information of the product and the content of the product, on the Company's website and the Services in order to use the Services.
”Service(s)” means any function and service that Rainmaker and the Callmart application provides to Users, including but not limited to creating Callmart listings, voice communication via Callmart, Callmart transactions, and the like.
“Content(s)” means information such as text, audio files, music, images, videos, software, programs, computer code, and the like.
“Personal Information” means the information required to authenticate and distinguish the identity of each User, such as the name, phone number, email address, and the like.
“Service Agreement" means not only these Terms and Conditions but also any other agreements relating to the Services to be executed between the Company and users.
"IP Rights" means copyrights, patent rights, utility rights, design rights, trademark rights and other intellectual property rights (rights to obtain those rights or apply for registration etc. for those rights It includes).
"Seller copyrighted work" refers to content, such as a photograph, an image, an essay, an article or the like published by the Seller on our website and/or on the Callmart app, an answer to a question or the like from the purchaser, information on the actual results of the Seller, including works that the Seller uses with the permission of a third party.
"Our website" means the website operated by the Company whose domain is "https://callmart.app/" (or if the domain or content of our website has been modified for any reasons, such modified website).
"Product" means a product, such as a telephone consultation service provided by a Seller to a Purchaser, or sentences, music, image, video, database represented by digital data, aggregate of information combining them.
"User ID" means a character string individually allocated to registered users for use of the Services.
2. Our Service
Callmart is an online consumer-to-consumer marketplace application created by Rainmaker that allows Users to set a price per minute for services provided via voice communication, and also allows Users to purchase these Services and therefore agree to pay the set price per minute. However, the actual contract for sale is directly between the buyer and the seller. Users hold full responsibility for the sale of Services to other Users, including but not limited to the listing of Services and Service warranties. Rainmaker, Inc. does not sell or purchase any Services, take ownership of any Services, or fulfill Services either for itself or on behalf of Users or others.
Rainmaker provides payment processing services through third party service providers for Services listed on our marketplace. Users can pay with and accept payment by credit card and debit card. Sellers may withdraw funds earned from their Services on The App into their designated bank account.
3. Agreement to Terms and Conditions
All Users shall use The App and Services in accordance with the Terms. If Users do not agree to the Terms, Users may not use The App.
Users agree to provide information truthfully and accurately.
By actually using The App and its Services, Users are deemed to have agreed to The Terms. Such agreement is valid and irrevocable.
If there are separate Terms and conditions, including but not limited to private policy, Users must also comply with such separate terms and conditions, as well as the Terms and Conditions of The App.
Seller fees are determined by the Sellers and must be recognized by the the Buyer before initiating Callmart Services / communication. The charges apply unconditionally, regardless of the fact whether the Seller adequately provided the service required, or whether the Buyer is satisfied with the Seller’s service.
4. Agreement & Adherence to Legal Provisions
Users shall not engage in, and/or conduct any of the following acts when using the App and its Services:
Acts that violate any laws or regulations or that are associated with criminal activity;
Acts that defraud or threaten the Company, other Users or other third parties;
Acts against public order and good morals;
Acts that violate internal regulations of the company or industry association to which it belongs
Acts that infringe any IP Rights, portrait rights, rights of privacy, reputation or other rights or profit of the Company, other Users or third parties;
Acts to transmit to the Company, other Users, through the Services, any of the following or any transmissions that the Company determines includes under any of the following;
- excessively violent or cruel content;
- computer viruses and other hazardous computer programs;
- content that damage the reputation or the credit of the Company, other users of the Services or other third parties;
- excessively indecent content;
- content that encourages discrimination;
- content that encourages suicide or self-mutilation;
- content that encourages drug abuse
- anti-social content;
- content that request the spread of information to third parties, such as but not limited to chain mails;
- content for the purpose of encountering unacquainted persons;
Acts that place an excessive burden on the network or system of the Services;
Acts that threaten to interrupt the operation of the Services;
Acts to access or attempt to access the system or network of the Services improperly;
Acts to impersonate a third party;
Acts of use the User ID or password of other Users of the Services;
Acts of propaganda, advertisement, soliciting or marketing on the Services without the Company's prior consent;
Acts for the purpose of money laundering;
Acts to collect information of other Users of the Services;
Acts that cause a disadvantage and/or damage to the Company, other Users of the Services or other third parties;
Acts that forcibly repeat unreasonable requests, forced responses and countermeasures by the Seller;
Acts that violate the rules on the use of the Services posted on Our Website;
Acts to provide Antisocial Forces with profit;
Acts that are intended to encounter unacquainted persons;
Acts that evoke or facilitate acts listed in the preceding items directly or indirectly; or
Activities that violate any international, national, state or local law, statute, ordinance, regulation or ethical code;
Acts and/or content that include violence, racism, discrimination, harassment, sexually explicit content, pornography, or material otherwise adult in nature or harmful to others;
Activities that compete with the Company and its Services, including but not limited to Callmart;
Acts and Services that are in violation of the Terms of our third-party providers, such as but not limited to Business and services listed in Stripe’s Restricted Businesses page;
Psychic services including but not limited to fortune-telling, astrology, aura reading, and the likes;
Acts of transferring your Callmart account and Callmart ID to another party without our consent;
Other activities that are deemed by the Company to be in violation with The Terms.
All Users shall use Callmart and its Services at his/her own risk. Users shall bear all responsibility for his/her actions and outcomes from using this Service.
All Users shall agree to bear full responsibility for all claims and expenses (including but not limited to attorney/legal fees) arising out of use of this Service, including but not limited to your violation of the Terms set forth.
The Company has the right to take necessary measures, including but not limited to deletion of User accounts, in cases where it has been determined that the User has violated the Terms.
6. Limitation/Exemption of Liability
The Company shall not be liable for any damages in relation to the use of our Services.
The Company shall have no liability for any failure, issue, or delay due to matters beyond our reasonable control.
The Company shall not be liable for any unforeseen, indirect, special, consequential or punitive damages inflicted upon Users.
7. Fee and Payment
Users shall agree to and be aware that the call duration will be rounded up to the nearest minute (i.e. a call with a total duration of 1 minute and 10 seconds will be calculated & charged as a 2 minute call).
In consideration of the Product, the Purchaser shall pay to the Seller such fees as determined by the Seller.
Purchaser shall pay the fee set forth in the preceding paragraph in accordance with these Terms and Conditions and the procedures prescribed by the Company, by the method of credit card settlement.
The credit card used for credit card settlement shall be limited to the name of the Purchaser himself / herself.
Regarding the use of the credit card, the Purchaser shall comply with the separate terms set out by his/her contracted credit card company.
The Company shall re-entrust the business entrusted under the preceding paragraph to Stripe Japan Co., Ltd. ("Stripe").
The payment processing service for Users of the Service shall be in accordance with the Stripe service contract, including the Terms and Conditions set forth by Stripe. As a condition for enabling the Services to make payment processing service via Stripe, the Seller agrees to provide truthful, accurate and complete information on the business of the Seller and the Seller for the Services.
Users shall be entitled to a Stripe service contract (which may be revised by Stripe at any time). Users hereby agree to be bound by Stripe’s Terms and Conditions.
7.8 Accepted Payment Methods
At the time this policy is written, listed below are the accepted payment methods for the Callmart App:
- Credit Card
- Debit Card
7.9 Minimum and maximum charge amount
There is a minimum charge amount, per listing, that Stripe enforces to ensure Users do not lose money on a charge. The minimum amount Users can charge depends on the User’s bank account settlement currency the payment will be paid out to.
Please click here for a detailed explanation.
On the other hand, the maximum price per minute Sellers can charge for a single listing is US$50 / per minute, or any local currency equivalent.
7.10 Intentional disconnection
There may be some cases where The Company shall intentionally disconnect a call between Users. Listed below are the situations in which this may happen:
- Buyer: During a call, The Company checks with the User’s credit card issuer whether the Call fee for the next 10 minutes will result in exceeding the User’s credit card limit. If the call fee will exceed the User’s credit card limit, the call will be disconnected.
- Seller: The maximum amount that Users may hold in their Callmart earnings is 8 figures for any currency (i.e. US$99,9999.99). This limit is determined by Stripe. Therefore, in cases where the seller has exceeded 90% of this limit during a call, The Company will disconnect the call.
7.11 Holding Callmart Earnings
Due to Stripe’s compliance reasons, users may only hold their earnings on the Callmart App for up to 90 days, from the time a transaction is completed to payout. Users shall be responsible for paying out their earnings on the App within this time period.
This is a percent-based charge that The Company charges Users for every transaction that Users fulfil on the Callmart application.
The Company charges a 6% fee for every transaction on Callmart, split evenly among the Buyer and Seller (3% each) . Service Fees are required for us to continue, improve, and add new features to our services to enhance the experience for our users.
7.13 Stripe Transaction Fees
(per successful card charge)
Stripe Transaction Fees are percentage-based charges on each successful call made through the Callmart app. Stripe Transactions vary depending on the geographical region and country that your Stripe account is set to. As Stripe Transaction Fees may vary, each User is responsible for checking Stripe’s website for actual, up-to-date fees for his/her respective country’s fees set forth by Stripe.
7.14 Stripe Payout Fees & Stripe Account Fees
Stripe Account Fees are charged per active account per month. According to Stripe, an account is considered active in any month that it receives funds. These fees are required in order to maintain individual Stripe User accounts. These fees depend on the country in which the User resides in and the country in which the User created and registered their Stripe account on the App.
If Users decide to proceed to the payout procedure (i.e. transferring Callmart earnings to their registered bank account), there will be a fixed payout charge, and the amount of this fixed charge varies on country and payout currency.
Stripe accounts connected outside of Japan will incur an additional charge set forth by Stripe, Japan. Please refer to the section titled “International accounts” by clicking here for a detailed explanation.
PLEASE NOTE: If the User does not have funds that exceed their payout fee and account fee, they will not be able to payout their earnings from the Callmart App.
7.15 Stripe account age requirements - Minors
In order to create a Stripe account, you must be 13 years old or older.
In order to comply with Stripe's policy on age requirements, we require the below information about your legal guardian:
- First Name and Last Name
- Date of Birth
- Last four digits of their Social Security Number (only U.S. citizens)
- A statement from them saying they consent to your agreement to abide by Stripe's Terms of Service
If you are under 18 years of age, you must get a legal guardian to sign off on your Stripe account before being able to transfer your Callmart earnings to your bank account.
For more information, please tap here: https://support.stripe.com/questions/can-i-use-stripe-if-i-am-under-18
8. Termination Clause
The Company may, without prior notice or demand, delete the User’s listing or temporarily suspend the User’s use of the Services or terminate the Service Agreement with the User, in the event of any of the following:
The User failed to comply with the Terms and/or any of provisions hereof;
Any of the Registration Information is found to be false;
The User became unable, or admitted to their creditors their inability to pay debts such as debts that are due, or filed a petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or other similar procedure or petition for such procedures have been made or filed against the User.
The User has not used the Services for 6 months or more;
The User has not responded to inquiries from the Company or other communications requiring his/her response for 30 days or more;
Any note or check issued or accepted by the User is dishonored;
A petition is filed for attachment, provisional attachment, provisional disposition, auction sale, or judicial enforcement with respect to the User’s assets;
The User’s assets became subject to dispositions for failure to pay taxes and dues;
The death of the User or a ruling for commencement of guardianship or curatorship or assistance against the User;
In addition to the foregoing, if the Company determines that it is not appropriate for the User to use the Services, maintain its registration as a User, or have the Service Agreement remain in effect with the User.
If one or more of events specified above occurs, all amounts owed to the Company by the User shall be automatically accelerated, and the User shall immediately pay to the Company such amounts in full.
Under no circumstances will the Company be liable for any damages incurred by the User arising out of, or in connection with, any actions taken by the Company pursuant to this Article.
The User may withdraw from the Services and cancel his/her registration as a User by giving notice to the Company to that effect and pursuant to such manner as specified by the Company.
Upon withdrawal, all amounts due and payable from the User, if any, shall be automatically accelerated, and the User shall immediately pay to the Company such amounts in full. If Users do not pay out their earnings, The Company will not delete the User’s account, until all the User’s earnings have been paid out. Upon User account withdrawal, all records and data associated with the User account will be removed from the Company’s files, as well as files from all the third parties (Stripe and Amazon Web Services). However, some information and data, such as call records, may remain for security purposes.
Upon successful User account deletion, Users will have a 2 week (14 days) period in which Users can recover the deleted account. If the User does not request an account recovery during this time frame, the User’s account shall be permanently deleted after the 2 week period has passed.
10. Treatment of User Information
The Company may, in its sole discretion, use or make public any information or data provided by the User to the Company as statistical information in a form that cannot identify an individual, and the User may not challenge or dispute such use.
11. Suspension of the Services
The Company shall be entitled to, without any advance notice to the User, suspend or discontinue the Services, in whole or in part, in the event that:
Inspection or maintenance of the computer system for the Services needs to be performed due to urgent circumstances;
Computers or communication lines have been disrupted due to an accident;
The Company becomes unable to provide the Services due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damage, power blackout and other natural disasters;
The Company determines that suspension or discontinuance is required for other reasons.
12. Services Modification and Termination
The Company shall be entitled to at any time modify or terminate the Services in its own discretion.
The Company shall notify in advance the Users of any intended termination by the Company of the Services.
Under no circumstances, shall the Company be liable for any damages incurred by the User arising out of, or in connection with, any actions taken by the Company pursuant to this Article.
13. Ownership of Rights
Any and all IP Rights related to Our Website and the Services are expressly reserved by the Company or the Company's licensor except for Seller copyrighted work and Purchaser copyrighted work.
Nothing contained herein shall be construed as granting to the User a license of the IP Rights owned by the Company or the Company's licensor.
The User hereby represents and warrants to the Company that it has lawful rights to the Seller copyrighted work and Purchaser copyrighted work and that the Seller copyrighted work and Purchaser copyrighted work do not infringe any third party's rights.
Any and all IP Rights related to Seller copyrighted work are expressly reserved by the Seller.
However, The Seller hereby grants to the Company a worldwide, non-exclusive, royalty-free, and sublicensable and transferable license to use, reproduce, distribute, make, express and create derivative works of the Seller copyrighted work.
The Seller hereby grants to the Purchaser a right to use (copy, modify, re-grant to a third party, and any other use) freely of the Seller copyrighted work on Product provided by the Seller only for the Purchaser's own use.
The User hereby agrees not to exercise moral rights against the Company or any other person who succeeded to the same from the Company or a licensee thereof.
14. Disclaimer and Waiver of Warranties
The Company makes no representation or warranty of any kind, express or implied, for the Purchaser with respect to the contents and quality of the Services, accompanying information of the individual Products that the Seller posts and provides on our website and the App and the ability, qualifications and authority of the Seller to provide Products.
The Company shall not in any way be liable for transactions, communications or disputes (a "Troubles") arising between the User and other Users or a third party in connection with the Services or Our Website.
In the event of Troubles, the parties will be responsible for each other's responsibility, and the User will not make any claims against the Company.
The Company makes no representation or warranty of any kind, express or implied, for Users that the use of the Services by the Seller is lawful or does not violate the rules in light of the laws applicable to the Product offering of the Seller and the rules of industry groups to which the Seller belongs
Sellers shall investigate the presence or absence of their own qualifications, licenses, permission and the presence or absence of laws and other regulations for their own listing and Products at their own risk.
In the event that a Seller suffers damage due to not acquiring such qualification, license, permission, or violate laws and other regulations, the Company shall not be liable for any damage caused to the Seller.
The User acknowledges in advance that the use of the Services, in whole or in part, may be restricted due to changes in the terms and operation policy of the service store such as App Store, Google Play and so forth.
The Company makes no representation or warranty of any kind, express or implied, for Users that there will be no obstacle to the operation of the Services although the Company will do our best on the premise of the state of the art technology at the time of operation of the Services.
The Company shall not be liable for any damages arising from interruption, retardation, discontinuation, data loss, damage caused by unauthorized access to data due to communication line or computer failure, or damage caused to Users regarding the Services.
The Company shall not be liable for any amount exceeding the consideration paid by the Purchaser to the Seller for the immediately previous 12 months in relation to Damages incurred by the Purchaser that are attributable to the Company for any reasons such as the application of the Consumer Contract Law of Japan, regardless of the provisions to exempt this liability or the Company's liability for damages.
Under no circumstances will the Company be liable for incidental, indirect, special, future damages and lost profits.
Under no circumstances will the Company be liable for incidental, indirect, special, future damages and lost profits.
All Users shall prepare the necessary communication equipment, any other equipment for accompanying them and usage environment for using the Services at their own expense and responsibility, shall maintain the state in which the Services is available.
In the event that Users cannot use the Services due to the usage environment selected by themselves, the Company shall not be liable for any damage caused to the Users.
All Users shall use the Services by connecting to the usage environment of the Services via arbitrary telecommunication service at their own expense and responsibility.
The User shall keep confidential any and all non-public information disclosed by the Company to the User for which the Company has imposed on the User a confidentiality obligation in connection with the Services, unless the User has obtained prior written approval from the Company.
Any inquiries with respect to the Services or other communications or notices from the User to the Company, or communications or notices with respect to the Services from the Company to the User shall be made in accordance with the procedures specified by the Company.
The Company shall not be liable for any damage caused to the User by communications or notices from the Company to the User, such as being unreachable or delayed.
User shall notify, contact, and make inquiries to the Company with an inquiry form on the website provided by the Company.
The Company reserves the right to respond using the answering method that the Company considers optimal each time (e-mail, mailing of reply letter, telephone, etc.) to inquiries from the User based on the preceding paragraph, the User may not decide how to respond.
The User shall not assign, transfer, mortgage, or otherwise dispose of his/her status under the Service Agreement or his/her rights or obligations under these Terms and Conditions without the prior written consent of the Company.
In cases where the Company has assigned the business regarding the Services to a third party, the Company may, as part of such assignment, assign to such third party its status under the Service Agreement, its rights and obligations under these Terms and Conditions, and the Registration Information and other information relating to the User, and the User hereby agrees to such assignment in advance.
For the purposes of this Article, the business assignment referred to above shall include, in addition to the usual form of business assignment, a split of the Company or any other form of restructuring of the Company that would result in a business transfer.
If any provision of these Terms and Conditions or part thereof is held to be invalid or unenforceable under the Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof shall remain in full force and effect.
20.Governing Law and Jurisdiction
The validity, interpretation and performance of these Terms and Conditions shall be governed and interpreted by the laws of Japan.
These Terms and Conditions shall be executed in the Japanese language. Japanese shall be the governing language and any translation of these terms and Conditions into any other language is for convenience of reference only and shall not bind the parties hereto.
Any and all disputes arising out of or in connection with these Terms and Conditions and/or Service Agreement shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.
The provisions of this Agreement shall survive the termination of this Agreement to the extent consistent with, or necessary to carry out, the purposes thereof.