Creator Terms
Creator Terms
These terms apply when a user (a “Creator”) configures a place collection (a “Product”) for sale on Fava and form part of the Fava Terms of Service. A Creator must expressly accept a specific version before saving a sale setup. If these terms conflict with the Fava Terms of Service, these terms control with respect to Product sales, settlement, and Creator responsibilities.
1. Fava's role and relationship with Creators
Fava is a technology platform that supports Product creation, review, display, in-app purchase, post-purchase delivery, and settlement. A Creator offers Products independently and at the Creator's own judgment and responsibility. A Creator is not Fava's employee, agent, partner, joint venturer, franchisee, or fiduciary. These terms do not create an employment, agency, partnership, joint venture, fiduciary, or similar relationship, and a Creator may not contract, represent, or make commitments on Fava's behalf.
2. Products, editions, and purchaser rights
A Product is a fixed edition of restaurant information selected from the Creator's own visited-place records. Subject to the Fava Terms of Service and applicable store rules, a purchaser retains access to the edition displayed at purchase. Editing the source collection does not alter a purchased edition; additions and updates may be offered as a separate edition or Product. After sales begin, a Creator may not unilaterally alter a purchased edition, make it inaccessible, or charge a purchaser an additional fee for that edition.
3. Eligibility, verification, and information
Production sales and payouts require completion of age, residence, identity, tax, payout-account, business-disclosure, and other checks required by Fava or a settlement provider, together with accurate and current information. Creators must promptly provide requested records and explanations and update changes. Fava may withhold or limit sales, visibility, or payouts when verification is incomplete, reasonable concerns exist, or action is necessary for law, store rules, or fraud prevention.
4. Price, territory, and presentation
Creators select from price tiers offered by Fava and the app stores. Fava may establish or change available tiers, currencies, territories, Product limits, sale periods, discounts, ranking, previews, and presentation. Purchaser-facing prices, currencies, taxes, and price changes may vary by store territory, exchange rates, tax rules, and store price schedules. Fava does not guarantee any exchange rate, placement, number of sales, or earnings.
5. Net Sales and Creator proceeds
“Net Sales” means the amount finally and irrevocably received by Fava for a transaction from Apple, Google, or another payment provider after deducting or reflecting store fees, payment fees, sales, consumption, withholding, and other taxes, refunds, cancellations, chargebacks, foreign-exchange losses and conversion costs, transfer fees, fraudulent transactions, purchaser-support adjustments, and third-party costs directly attributable to the transaction. The Creator does not receive the full sale price.
Under the current terms, the Creator receives 70% of Net Sales and Fava retains 30%. A change to this allocation applies prospectively after notice and not retroactively to completed sales. The edition, price tier, and allocation applicable at purchase are retained in the transaction record.
6. Payouts, reserves, setoff, and recovery
Creator proceeds become final only after Fava receives final funds from the payment provider and completes reconciliation, fraud checks, identity verification, and legally required processing. The payout schedule, minimum threshold, method, transfer fees, and supported territories will be shown before production sales are enabled. Balances below the threshold roll forward without interest.
Fava may hold amounts for a reasonable period where there is a risk of refund, cancellation, or chargeback; a pending report or investigation; suspected fraud or breach; incomplete verification; a legal, regulatory, or store request; or another reasonable risk. If refunds, taxes, overpayments, fraud, or other adjustments are identified later, Fava may offset them against unpaid balances or future proceeds, correct erroneous payments, and require repayment of any shortfall. Unless reasonably rebutted, payment-provider financial reports and Fava's transaction ledger are the basis of settlement calculations.
7. Refunds, cancellations, and purchaser support
Apple, Google, Fava, or another relevant provider may determine refunds, cancellations, chargebacks, and purchaser credits under law, store rules, or Fava's purchaser-support policies. A Creator has no right to veto an individual refund. Corresponding Creator proceeds are reversed and may be held, offset, or recovered. Fava may require the Creator to provide explanations, records, or reasonable assistance with corrections to protect purchasers, comply with store requirements, or resolve disputes.
8. Sandbox and test sales
Sandbox, TestFlight, license-test, and other test purchases are test transactions with no real charge or revenue. They are used only to verify purchase flow, receipt verification, and purchased access and never generate Creator proceeds. Production sales begin only after Fava separately enables them for the Creator and Product.
9. Creator representations, warranties, and responsibilities
The Creator represents and warrants that the Creator has authority to offer the Product; the Product is based on the Creator's experience, reasonably accurate, and not materially misleading; the Product does not infringe copyright, trademark, privacy, reputation, trade-secret, or other third-party rights; and the Product complies with law, the Fava Terms of Service, Community Guidelines, and store rules. Unauthorized copies, fabricated reviews, undisclosed advertising or financial relationships, personal information, unlawful or harmful material, discriminatory content, and unjustified attacks against restaurants or third parties are prohibited.
Because operating status, prices, menus, and similar facts may change, the Creator must state verification dates or the nature of the information where appropriate and reasonably cooperate with requests from Fava or purchasers. Fava's review, publication, or prior sales do not warrant the Product's legality, accuracy, or rights clearance and do not reduce the Creator's responsibility.
10. Fraud, manipulation, and fee avoidance
Creators may not use self-purchases, sham transactions, multiple accounts, refund abuse, review or ranking manipulation, automation, fraudulent referrals, or purchaser confusion to increase sales or exposure. Creators may not direct purchasers to external payment, split a transaction, or take equivalent action to avoid Fava's or a store's payment system for digital Products offered in the app. Suspected transactions may be hidden, cancelled, held, offset, and investigated.
11. Review, presentation, and enforcement
Fava does not guarantee publication or sale of a Product. Before or after publication, Fava may review, return, reject, reclassify, adjust metadata or previews, determine ranking, limit territory or price tier, suspend sales, unlist, remove, or provide purchaser support for reasons involving law, store rules, safety, quality, rights, purchaser protection, fraud prevention, or service operations. Fava may act without prior notice in an emergency, where a potential violation exists, or where notice would undermine the action. Serious or repeated violations may result in restriction, suspension, or termination of selling privileges or the account.
12. Intellectual property and license to Fava
The Creator or lawful owner retains ownership of Product content. The Creator grants Fava and its contractors a worldwide, non-exclusive, royalty-free, sublicensable license, transferable with a business succession, to use Product content as necessary to operate, store, back up, review, format, translate, display, distribute, sell, deliver after purchase, search, recommend, promote, support, protect against fraud, comply with law, and transfer the service.
For purchased editions, this license survives the end of sales, deletion of the collection, or termination of the account to the extent needed for continued purchaser access, refunds and disputes, audits, backups, and legal compliance. The Creator agrees that Fava may adjust format and presentation for devices, territories, accessibility, and store display without unfairly distorting the Product's meaning.
13. End of sales, account deletion, and retention
A Creator may stop future sales but may not unilaterally extinguish completed purchases, refund or settlement duties, purchaser access, or obligations that survive under these terms. Fava may retain purchased editions and transaction records for purchaser delivery, tax, accounting, audit, dispute, fraud-prevention, and legal purposes for the required period. Creators must keep their own necessary source material and records; Fava does not warrant a permanent backup service for the Creator.
14. Aggregated data, improvements, and feedback
Subject to the Privacy Policy, Fava may use non-identifying aggregated and statistical information for analytics, search and recommendations, quality improvement, fraud prevention, operations, and increasing service value. Fava may use voluntarily provided suggestions, improvement ideas, and feedback without confidentiality or payment obligations, to the extent permitted by law.
15. Law, tax, and business disclosures
Creators are responsible for determining and satisfying all applicable licensing, commercial-disclosure, invoice, recordkeeping, tax filing, payment, social-insurance, and other obligations. Fava is not the Creator's legal or tax advisor. Fava may perform legally required withholding, reporting, disclosure, or payment suspension and may provide necessary information in response to lawful requests from authorities, courts, stores, or payment providers. A Creator whose information or qualification cannot be verified may not begin or continue selling.
16. Third-party providers
Fava may use third parties for app stores, payments, identity, tax, balance management, payouts, cloud services, moderation, and other functions. Creators must accept applicable provider terms and complete required checks where necessary. A third party's outage, review, fund hold, account restriction, or specification change may delay or stop sales or payouts.
17. Disclaimers
Fava does not warrant that Products or selling features are fit for a particular purpose, continuous, uninterrupted, error-free, approved by a store, ranked or recommended in a particular way, purchased by any number of users, profitable, paid on a specific date, permanently retained, or supported by a continuing third-party service. To the extent permitted by law, Creators use selling features at their own judgment and risk.
18. Creator indemnity
If a third-party claim, complaint, investigation, loss, expense, or reasonable legal fee is imposed on Fava, its affiliates, personnel, or contractors arising from a Creator's Product, sales activity, breach, violation of law or tax duties, infringement, misleading statement, or dispute with a purchaser, restaurant, or third party, the Creator will respond at the Creator's cost and indemnify Fava for resulting loss. This does not apply to the extent directly caused by Fava's intentional misconduct or gross negligence. Fava may participate in the defense at its own cost and approve any reasonable settlement affecting Fava.
19. Limitation of Fava's liability
Where a Creator suffers loss due to Fava's ordinary negligence, Fava is liable only for actual, ordinary, and direct damages and not for lost profits, indirect, special, consequential, opportunity, or data-loss damages. Fava's aggregate liability in that case is capped at the greater of the Creator proceeds finalized and paid to that Creator during the six months immediately preceding the event causing the loss or JPY 10,000. These limits do not apply to damage caused by Fava's intentional misconduct or gross negligence, personal injury, or other liability that applicable law does not permit Fava to limit.
20. Suspension and termination
Fava may restrict, suspend, or terminate Products, payouts, selling privileges, or accounts if the Creator breaches these terms; law, a store, or a payment provider requires action; action is needed to prevent harm; fraud, credit, or settlement risk exists; or continuing the selling feature is impracticable. Where possible and appropriate, Fava will provide a reason or opportunity to cure, except where urgency, legal restrictions, risk to an investigation, or safety makes that inappropriate.
21. Changes to or termination of the service and sale terms
Prospectively, Fava may change or discontinue selling features, supported territories, price tiers, presentation, review standards, payout timing, thresholds, third-party providers, or allocation rates. Material changes will be announced in advance by a reasonable method unless law or urgency makes advance notice impracticable. Completed transactions remain subject to the allocation stored at purchase, except for refunds, chargebacks, errors, and other adjustments permitted by these terms.
22. Notices and electronic procedures
Fava may give notice through the app, the registered email address, the official website, or another reasonable electronic method. Creators must keep contact information current and review notices from Fava. Electronic consent, notices, records, and transactions are treated as equivalent to written ones.
23. Assignment and business succession
A Creator may not assign the Creator's status, rights, or obligations under these terms without Fava's prior written consent. In connection with a merger, demerger, business transfer, change of operator, asset sale, or other business succession, Fava may transfer its status under these terms, transaction records, and information necessary to operate the service to a successor in accordance with law and the Privacy Policy.
24. Force majeure
Fava is not liable for delay or nonperformance caused by natural disasters, power or communications failures, cyberattacks, epidemics, war, civil disorder, labor disputes, government action, changes in law or store rules, third-party service outages, or other events beyond Fava's reasonable control, subject to any response required by law.
25. Changes to these terms
Fava may change these terms in response to changes in law, features, risk management, or business needs. Changes that materially affect Creator rights or duties will be announced with an effective date in the app, by registered email, or on the official website. If acceptance of a new version is required, Fava may restrict new sale setups or production sales until acceptance. A new sale setup is governed by the version accepted for that setup.
26. Governing law and venue
These terms are governed by the laws of Japan. Unless applicable law mandates another venue, the Tokyo District Court has exclusive jurisdiction as the court of first instance over disputes concerning these terms or selling features.
27. Severability, no waiver, entire agreement, and survival
If any provision is invalid or unenforceable, the remaining provisions remain effective and the affected provision will be applied, to the extent legally permitted, in the manner closest to its original purpose. Fava's delay in exercising a right is not a waiver. These terms, the Fava Terms of Service, Privacy Policy, Community Guidelines, and transaction terms stored at purchase form the agreement governing the selling feature. Settlement, refunds, tax, intellectual property, indemnity, liability limitations, retention, governing law, venue, and other provisions that by nature should survive remain effective after sales or the account end.