Health Condition Notes Service User Agreement (hereinafter, "the Agreement") sets forth the conditions of use of Health Condition Notes (hereinafter, "the Application") Service (hereinafter, "the Service") provided by Ryukyu Network Service Co, Ltd (hereinafter, "the Company"). The user that uses the Application and the Service (hereinafter, "the User) are agreeing to the Agreement by using them.
Article 1 (Agreement of the Agreement)
- The User must use the Service in accordance with the terms of the Agreemnt.
- By means of downloading the Application into a information device like a smart phone and finishing the registration procedure to the Agreement by the User, the Agreement between the User and the Company is deemed accepted.
- If the User is a minor, please use the Service after acquiring the consent of a legal representative such as a parental guardian.
- In the case the User that is minor uses the Service by a false acceptance without the consent of a legal representative or by false statement as a major, or in the case the User uses a fraudulent means to cause the Company to believe that the User has the legal capacity,the User shall not revoke any regal act to the Service.
- If the User was a minor at the time of accepting the Agreement, and used the Service after reaching the age of majority, the confirmation to the legal act of use is deemed accepted.
Article 2 (Revision of the Agreement)
- The Company shall be able to make changes to the Agreement any time without the advance consent of the User and the User is deemed accepted the Agreement without any objection.
- When the Company revises the Agreement, the Company will notify the User through the means specified by the Company.
- Changes made to the Agreement shall be effective from the time the notice is done in the preceding clause.
- By continuing to use the Service, the User is deemed to have consented without any argument to the revision of the Agreement.
Article 3 (Reversion of Intellectual Property Rights)
- The Company and other legal right holders hold all rights including copyright regarding the Application and the Service.
- The User is permitted to use the Application for the specified usage by the Company. When the User is claimed by the Company, the User shall stop using the Application immediately and uninstall it from eh smartphone of te User.
- The User shall not reproduce, copy, transfer, modify or take a reverse engineering to the Application and the Service personally or by third parties.
Article 4 (Termination and Change of the Application and the Service)
Without prior notification to the User and prior acceptance from the User, the Company may change or stop the Service and the Application in all or in part any time.
Article 5 (Permit for the Service)
The User who fall under any of the followin may be permitted for the Service by the Company.
- The User violated the Agreement or the other policy specified by the Company and its violation was acknowledged by the Company.
- The Company considered that the User registered to the Service by unauthorised means.
- The User registered the information of any other person than the Usesr.
- The Company deems as inappropriate.
Article 6 (Registered Information)
- The information registered by the User (hereinafter, "the Information") shall be strictly registered and shall be managed under the responsibility of the User. The Information belongs exclusively to the User. The right of use of the Information cannot be transferred, lent or passed on as inheritance to a third party.
- The Company may consider that the User who registered to the Service used the Service personally when the Service is used by the User with the registered information. The User shall bear responsibility for any act performed in the Service and the results thereof.
- In the event that the Company or third parties suffer a direct or indirect damage as a result of the use of dishonest information by the User, the User shall compensate for such damage to the Company and third parties.
- The registerd information shall be strictly managed by the User.The Company shall not be responsible for any disadvantage and damage to the User caused by incorrectness or falsebood of the registered information.
- In the event that the User recognizes the other person than the User stealed and used the registered information, the User shall notify the Company immediately and is subject to the indication by the Company.
Article 7 (Privacy)
The Company handles privacy information and personal information of the User properly according to the "Health Condition Notes Service Privacy Policy".
Article 8 (Prohibited Matters)
The Company prohibits the User from performing any of the acts described below in relation with the use of the Service, and may be able to take necessary measures like suspension of the use by the User when the Company considers that the User performed them.
- Changes made to the Agreement shall be effective from the time the notice is done in the preceding clause.
- Act that slander or damage reputations and reliance of the Company and third parties.
- Acts that infringe or have the possibility of infringing the right of the Company or third parties.
- Acts that cause economic damage to the Company or third parties.
- Acts that make threats to the Company or third parties.
- Acts that introduce, or are likely introduce, harmful programs like computer viruses into the Service.
- Acts that attack the Service via a denial-of-servce.
- Acts that interfere with the server, the system or the security system of the Service.
- Acts that access the Service by means other than interface authorised by the Company.
- Acts that the User will register to the Service as another User.
- Other acts that the Company deems as inappropriate.
Article 9 (Disclaimers)
- The Company shall not bear any responsibility regarding any damage caused to the User arising from changes, temporally stop or termination of the Service.
- The Company shall not be accountable for the resource that the User uses to the Service.
- The Company does not make any explicit or implicit guarantee that the Service satisfies the specific purpose, functionality, product value, correctness and serviceability extected by the User, and also conforms to the compliance imposed on the User and regulations of industry associations that the User belongs to.
- The Company does not make any guarantee that the Application works completely in any information device. The Service may cause any problems after any update of the software in the information device used for the Application. The User shall accept any malfunctions of the Service. The Company does not make any explicit or implicit guarantee revising the Service and the Application in order to solve such malfunctions.
- The User shall accept the possibility that the User may not use all or part of the Service after the change of agreement and policy specified for AppStore and GooglePlay.
- The Company is not obligated to compensate direct or indirect damages caused to the User by the use of the Service.
- The Company is not responsible for direct or indirect damages caused to the User or third parties including opportunity loss and business interruption even if the predict of damages might be previously informed to the Company.
- The description of clause 1 shall not apply in the event that intention or gloss negligence depends on the Company, or in the event that the contract between the Company and the User concerning the Service becomes a consumer contract defined in Consumer Contract Act.
- Even if the preceding paragraph is applied, the Company is not obligated to compensate any damages caused to the specific situation to the User, out of the damage caused by the fault of the Company (excluding gloss negligence).
- In the event of compensating damages caused to the User , such compensation will be limited to total amount paid by the User to the Company at the month that the damage happened to the User.
- The Company is not responsible for the problem between the User and the other user.Both of the User and the other user shall be responsible to solve the problem and shall not claim any compensation to the Company.
- In the event that the User damages the other users or arises disputes to third parties regarding the Service, the User shall resolve such damages or disputes at the User\'s own responsibility and expense. The User shall not claim any compensation to the Company.
- In the event that a claim is lodged with the Company by another user or third party according to the use of the Service by the User, the User shall be responsible for responding to and resolving said claim at their own expense, including the resposibility for legal fee.In the event the Company suffers damages due to such a claim to the another user or third party, the User shall indemnify such damages (including significant legal fees and lost profits) .
- In the event that the User damages the Company regarding the use of the Service, the User shallcompensate such damages (includng attorney\'s fees and other expenses for litigation) at the User\'s own responsibility and expense.
Article 10 (Display of Advertisements)
The User is deemed understood and accepted that the Company may be able to place advertisements of the Company or third parties in this Application. The form and scope of advertisement may be changed from time to time by the Company.
Article 11 (Restriction of Transrer)
- The User may not transfer their user contract, rights to access the Service based on the Agreement, or obligation based thereon in whole or in part to a third party without obtaining the written permission of the Company in advance.
- The Company may be able to transfer the Service in whole or in part to the third party. When the transfer is done, the Agreement with the Company and the registerd information succeed with the third party within the limits of the transferred.
Article 12 (User Condition)
- The User shall be responsible for the preparation and cost of communication equipment, software, communication means, etc. needed to use or download the Service and the Application. Any other information needed is provided in the web pages specified by the Company.
- Communication charges related to the Application download and use over the communication network may apply to the User.
- The User shall keep information security such as preventing computer virus infection, illegal access to the information device and information leak referring the security guidance provided from the Company or relevant ministries.
- The User shall uninstall the Application from the information devices when terminating the use of the Application or the use of such devices that the Application was installed to.
Article 13 (Application Mutatis Mutandis)
Any other policy and reguration specified by the Company shall be applied to matters not provided for by the Agreement.
Article 14 (Contact Method)
Contact from the User to the Company concerning the Service will be carried out by sending an inquiry form placed at an appropriate place within the Service or the website operated by the Company or by the method specified by the Company.
Article 15 (Governing Laws, Competent Court)
- The effectiveness, interpretation and application of the Agreement shall be governed by the laws of Japan, without reference to conflict of laws principles.
- Any debate or dispute arising between the Company and the User as related the the Service shall be subject to the exclusive jurisdiction of the Naha District Court or the Naha District Summary Court dependng on the amount of te case.
Effective Date July 2nd, 2021
Updated August 18th, 2021