日本語

The Japanese version of these Terms is the authoritative text. This English version is a translation; where the two differ in any respect, the Japanese version prevails.

Terms of Service

Last revised: August 7, 2026

These Terms of Service (the “Terms”) set out the conditions on which NAMINOL LLC (“we”, “us”) provides FilmedSurf, a crowdsourced marketplace for surfing video, including the iOS app and the website (the “Service”). By using the Service, you are deemed to have agreed to these Terms.

1. Definitions

2. Accounts

Some features of the Service require you to register an account (an email address and similar details). You are responsible for keeping your registration details accurate and up to date, and for safeguarding your own credentials. You must be at least 18 years old, or have reached the age of majority where you live.

3. The license a Filmer grants to the Service

Copyright and all other rights in a Clip stay with the Filmer. By uploading a Clip, the Filmer grants us a worldwide, non-exclusive, royalty-free, sublicensable right to reproduce, store, convert (including transcoding), display and distribute that Clip, to the extent needed to provide, operate, improve and promote the Service and to deliver and sell the Clip to Buyers. That license ends going forward when the Clip is deleted or the account is deleted — except for the rights of a Buyer whose claim or purchase completed before then, and except for any retention required by law or for record-keeping.

4. Filmer representations, warranties and indemnity

For each Clip they upload, the Filmer represents and warrants that:

The Filmer will hold us harmless from, and indemnify us against, any claim, loss or expense (including reasonable legal fees) incurred by us or by a third party as a result of a breach of the representations and warranties above, or otherwise arising out of the Filmer’s Clips.

5. Portrait rights and the consent of the person filmed

We are a business that provides a technical marketplace connecting Filmers and Buyers, and we do not verify exhaustively whether everyone appearing in a Clip has consented to it. In the preview shown before a Clip is claimed we may take measures intended to protect the privacy of the person filmed and to protect the content itself — watermarking, reduced resolution, staged display gating and the like, with the full-resolution version supplied only after purchase — but these are technical best efforts, and we do not warrant that they are complete. If you want a Clip you appear in taken down, please use the takedown and reporting process in Section 12.

6. Claiming a Clip means representing that you are the person filmed

By claiming a Clip, the Buyer confirms, represents and agrees that:

(This Section is the formal statement of the one-line consent shown in the app at the moment of claiming.)

7. Prohibited conduct and restrictions on use

You must not:

Footage showing a person for whom a full release (the express consent of everyone filmed) has not been obtained may be used only privately and non-commercially.

8. The Buyer’s use and responsibility

The Buyer is responsible for what they do with a Clip they have claimed. The Buyer will hold us harmless from, and indemnify us against, any claim, loss or expense (including reasonable legal fees) incurred by us or by a third party as a result of the Buyer’s use of the Clip after claiming it, including showing it to third parties, publishing it and editing it.

9. Payment, revenue share, fees and tax

The contract of sale for a Clip is made between the Buyer and the Filmer who shot that Clip (the seller). Our role is to provide the marketplace on which that transaction takes place and to handle payment collection and revenue distribution on the parties’ behalf. Payment of the purchase price for a Clip is processed through the payment provider Stripe. Once the Buyer has paid the purchase price to us or to the payment provider we designate, the Buyer’s obligation to pay that amount to the seller is discharged. Passing the money on to the seller is then our responsibility, and the Buyer will never be asked to pay twice. The revenue share is paid to the Filmer through Stripe Connect. We pay the Filmer the sale price less the applicable platform fee and the payment provider’s fees. The standard platform fee rate is 25%. For a period and on conditions we determine, an Early Filmer rate of 15% may apply; that rate is scheduled to end on August 31, 2027. The fee rate that applies is shown in the Service. You are responsible for reporting and paying any tax imposed on you, including withholding tax, consumption tax and income tax. Clips sold in Japanese yen are shown inclusive of Japanese consumption tax at the time of purchase. Clips sold by a Filmer outside Japan in their own currency are not subject to Japanese consumption tax and carry no such tax-inclusive label.

10. Refunds

Because of the nature of digital content, we cannot refund (cancel) a purchase simply because you have changed your mind. Where one of the grounds below applies, however, you may request a refund by contacting our support desk (support@naminol.com).

When you can request a refund: only where one of the following applies and we are able to confirm it.

Deadline: contact the support desk within 14 days of the purchase date. If you bought as a guest (without registering an account), the contact point given in your purchase confirmation email is available to you throughout that period. Note that the download page named in that email is valid for 7 days, which is a separate period from the refund window in this Section.

Review: once a file has been downloaded it cannot be taken back. A request is therefore not approved automatically — we check the Clip and its listing details and decide case by case. If we cannot confirm the ground given for the request, we may refuse the refund.

The Filmer’s (seller’s) consent: the seller of a Clip on the Service is the Filmer, and the Filmer agrees in advance that we, acting as their agent for payment collection and revenue distribution under Section 9, have the authority to decide whether to refund, and to issue the refund, on the Filmer’s behalf under this Section. Where a refund is made, we may recover the revenue share for that transaction — whether already paid to the Filmer or still due — from the Filmer’s balance, including any unpaid balance and the balance of their Stripe Connect account, and the Filmer will not object to this. When we issue a refund we will notify the Filmer that we have done so and why.

After a refund: where a refund is made, the Buyer’s right to use the Clip and to download it from the Service ends. As a rule the Clip then goes back on sale — except where the refund was for corrupted or unplayable video, in which case the Clip is taken out of public view. A refund is normally made to the payment method used for the purchase, and how long the money takes to arrive depends on the card issuer’s processing.

None of the above limits your rights where content was not delivered, or where a refund is otherwise required by law (including the Act on Specified Commercial Transactions and the Consumer Contract Act). See our Notice under the Act on Specified Commercial Transactions (Japanese) for details.

11. Disclaimer of warranties and limitation of liability

We provide the Service as is and, to the extent the law allows, give no warranty, express or implied, as to its fitness for a particular purpose, its completeness or its availability without interruption.

We are not liable for loss you suffer in connection with your use of the Service where that loss is caused by our ordinary negligence. That does not apply to loss caused by our intentional misconduct or gross negligence, for which we are liable as the law provides. Where the Service constitutes a consumer contract, no exclusion or limitation of liability that conflicts with the Consumer Contract Act or any other mandatory law applies: the exclusions and limitations in these Terms do not extend to loss caused by our intentional misconduct or gross negligence, and do not unfairly restrict a consumer’s rights.

12. Takedown and reporting process

We accept takedown requests and reports from anyone who believes their own rights — portrait rights, privacy, copyright and so on — have been infringed. We also accept requests from people who do not hold an account on the Service, including third parties who appear incidentally in footage.

13. Suspension, termination and deletion of accounts

If you breach these Terms, we may suspend or terminate your account, or take any other necessary measure, without prior notice. You may ask us to delete your account at any time. For how your data is handled after your account is deleted, see our Privacy Policy (Japanese).

14. Governing law and jurisdiction

These Terms are governed by the laws of Japan. The Tokyo District Court has exclusive jurisdiction as the court of first instance over any dispute arising in connection with the Service. Where you are a consumer, this Section does not restrict rights given to you by the Consumer Contract Act or by any other mandatory consumer-protection law.

15. Changes to these Terms

We may change these Terms as necessary. Where a change is significant, we will give notice in advance, for example by posting it in the Service. If you use the Service after a change takes effect, you are deemed to have agreed to the amended Terms.

16. Compliance, complaints, disclosure and exclusion of anti-social forces

(1) Compliance with law. When selling Clips or otherwise doing business through the Service, a Filmer (seller) shall comply with all applicable laws — including the Act on Specified Commercial Transactions, the Copyright Act, the Act on the Protection of Personal Information and the Installment Sales Act — and with these Terms.

(2) Handling of member complaints. A Filmer shall maintain the means to properly handle objections, complaints and similar disputes raised by Buyers or other users and arising from the Clips or other goods they supply, and shall deal with and resolve such disputesat their own responsibility and expense. They represent and warrant this. We may request a report on the status of such handling, and the Filmer shall comply.

(3) Provision of business information. We may provide a Filmer’s name, the name of its representative, gender, date of birth, address, contact details, nature of business and other information to credit card companies (including JCB Co., Ltd. and JCB group card companies, “Card Companies”) and other payment-related parties, at their request or to the extent necessary to enter into or perform a merchant agreement, and those parties may collect and use that information, including for the purpose of assessing whether the Filmer is an anti-social force under the following paragraph. The Filmer agrees to this in advance.

(4) Representation that you are not an anti-social force. Each user (including Filmers and Buyers) represents and warrants that they are not, and will not in the future become, an organised crime group, a member or quasi-member of one, a person for whom fewer than five years have passed since ceasing to be such a member, a person belonging to an enterprise associated with one, a corporate racketeer, a group engaging in criminal activities under the pretext of social campaigns, a specially intelligent violent group, a terrorist, a person designated by the Japanese or a foreign government as subject to economic sanctions (collectively, “organised crime members etc.”), a person who co-exists with organised crime members etc., or any equivalent person (collectively, “anti-social forces”). Each user further undertakes that they will not, themselves or through a third party, engage in violent demands, unreasonable demands beyond legal responsibility, threatening conduct or violence in relation to a transaction, damage to the credit of or interference with the business of us, a Card Company or any third party by spreading rumours, using deception or using force, or any equivalent act.

(5) Suspension of transactions. If we or a Card Company determine that a user is, or may be, an anti-social force, we may — without notice, demand or any other formality — suspend all or part of that user’s use of the Service, remove their listings, withhold payment of their proceeds, suspend or delete their account, and take any other necessary measure.

(6) No claim for damages. Even if a Filmer (seller) suffers loss as a result of a measure under the preceding paragraph, that Filmer may not claim damages or any other monetary payment from JCB Co., Ltd. or from JCB group card companies. The same applies to claims against us, except that — in line with Section 11 — this does not cover loss caused by our wilful misconduct or gross negligence, nor rights given to the Filmer by the Consumer Contract Act or by any other mandatory law.

If any question arises as to the interpretation of these Terms, the Japanese version prevails.