Article 1. (Applicable Rules)
- The purpose of these Terms is to define the rights and obligations between we and the User (as defined in Article 2) regarding the use of the Service (as defined in Article 2) and shall apply to all relationships between the User and we regarding the use of the Service.
- The rules, regulations, and other matters relating to the Services that we may publish from time to time on our website (as defined in Article 2) constitute a part of these Terms. In the event of any inconsistency between such rules, provisions, and the provisions of these Terms, the provisions of these Terms shall prevail.
Article 2. (Definition)
The following terms used in these Terms shall have the meanings set forth below respectively:
- "Contents" means the contents (including but not limited to text, images, audio, and video provided electromagnetically through streaming) provided through the Service.
- "Hardware" means products (including but not limited to scales) that are developed, manufactured, and sold by us and have functions linked to the Service.
- "Intellectual Property Rights" means copyrights, patents, utility model rights, trademarks, design rights, and other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights).
- "Our Website" means the website operated by us whose domain is "https://issin.cc" (If the domain or content of our website is changed for any reason, it shall include the website after such change.)
- "Prospective Subscriber" has a meaning set forth in Article 4.
- "Registration Information" means "Registration Information" as defined in Article 4.
- "Service" means the smartphone application containing the weight recording service we provide.
- "Service Agreement" means the agreement for the Services made between us and you under Article 4.3 by the provisions of these Terms.
- "Subscriber" or “you” means a person who has been registered as a subscriber of the Service in accordance with Article 4.
- "User" means a user who actually uses the Service under your control, including their family members.
Article 3 (Operation)
- The Service is owned and operated by us.
- We may outsource a part of the operations related to the Service to a third party.
Article 4 (Registration)
- A person who wishes to use the Service ("Prospective Subscriber") may apply to register to use the Service by agreeing to abide by these Terms and providing us with certain information as determined by us ("Registration Information").
- We will determine whether or not to register the Prospective Subscriber by our standards, and if we approve the registration, we will notify the applicant to that effect by e-mail or other means, and the applicant's registration as a Subscriber will be considered complete at the time we send this notification.
- Upon completion of registration, as stipulated in the preceding paragraph, a contract for use of the Service is established between you and us by the application form and the various provisions of these Terms and Conditions.
- We may refuse registration if a Prospective Subscriber who has applied for registration by Paragraph 1 of this Article falls under any of the following items:
- In the event of any falsification, clerical error, or omission in whole or in part of the Registration Information provided to us;
- When it is reasonably assumed that the content will be used for a purpose other than the purpose of using the content exclusively through the use of the Service;
- If you have used the Service provided by us illegally in the past, or has violated the terms and conditions of use stipulated by us; or
- If we deem that the Prospective Subscriber is an Anti-Social Force (gangsters, gang members, right-wing groups, mafia, and others equivalent to them. The same shall apply hereafter.) or that the candidate has any interaction or involvement with an Anti-Social Forces, such as cooperating with or being involved in the maintenance, operation or management of the Anti-Social Force through funding or other means.
Article 5 (Changes in Registration Information)
- If there is any change in the Registration Information, the subscriber shall notify us of the change and submit the materials requested by us by the method specified by us without delay.
- When there is a change, addition, or decrease in the number of Users (hereinafter referred to as "Changes”), the subscriber shall promptly notify us of the relevant matters by the method specified by us. Procedures and examinations for such changes shall be governed by Article 4 (Registration).
Article 6 (Management of Users)
- The Subscriber shall appropriately operate and supervise the matters set forth in these Terms so that your User shall also be aware of, thoroughly observe, and comply with them.
- We may deem any act by a User to be an act by you, regardless of whether and to what extent there is negligence, and you shall be liable for any act by the User.
Article 7 (Handling of User ID and Password)
- User IDs and passwords shall be issued by us and assigned to Users and may also be issued and provided by Subscribers themselves in accordance with the provisions of these Terms and other terms and conditions stipulated by us.
- The Subscriber shall handle the User ID and password at its own responsibility and shall not allow a third party to use the User ID and password, nor lend, transfer, change the name, purchase, or sell the User ID.
- We may deem that any claims, damages, costs incurred, or other liabilities of us arising out of the use of the Service or any other acts performed by the User with the User ID and password granted to or issued by you may be deemed to belong to the User with respect to the User ID and password and that you shall not object to this.
- The Subscriber shall be liable for any damages caused by insufficient handling of the User ID or password, errors in the use of the User ID or password, or use of a third party We shall not be liable except in the case where we are intentional or grossly negligent.
- If the User ID or password is found to have been stolen or used by a third party, you shall immediately notify us of the theft and follow our instructions.
- The Subscriber shall not let your Users share the same User ID with other Users, regardless of whether they access the Service simultaneously.
Article 8 (Protection of Registration Information)
- We will handle Registration Information with the due care of a good manager.
Article 9 (Fees and Payment Methods)
- The fee for using the Service (hereinafter referred to as the " Fee") shall be determined by us and posted on the Service or Our Website.
- Notwithstanding the preceding paragraph, we may provide some or all of the Services free of charge. However, we may charge you in the future for parts of the Service that are provided free in the past.
- The Fee shall be paid by credit card payment or other method specified by us.
- The Fee may be subject to VAT or other taxes. The Subscriber bears these taxes as well as the fees for remittance, where applicable.
- We shall not be obliged to refund Fees paid by you under these Terms for any reason. However, if the Service cannot be provided due to reasons attributable to us, we may refund the Fee at our own discretion.
- If you delay payment of the Fee, you shall pay us a delinquent charge at the rate of 14.6% per annum (calculated on a daily basis with 365 days per annum).
Article 10 (Use of the Service)
- You may use the Service in accordance with the rules determined by us, within the scope of the purpose of the Service Agreement only during the period you are validly registered.
- The preparation and maintenance of the Hardware, Smartphones and other devices, telecommunication lines, and other telecommunication environments necessary for the provision of the Services shall be carried out at the expense and responsibility of you.
- The Subscriber or the User may ask inquiries regarding the use of the Service or any failure thereof in accordance with the methods specified by us. However, except as otherwise provided, we are not obligated to respond to inquiries from you regarding matters other than the use of the Service or failure thereof, including but not limited to smartphones used by Users and technical matters related to telecommunication means.
Article 11 (Prohibited Acts)
The Subscriber or the User shall not engage in any of the following acts while using the Service:
- (i) Infringes any intellectual property, portrait, privacy, honor, or other rights or interests of us or any other third party (including acts that directly or indirectly cause such infringement);
- (ii) Downloading, capturing, or storing content on Our Website or the Services in a manner other than that permitted by us;
- (iii) Duplicating, modifying, reverse engineering, disassembling, or adapting software, text, source code, images, videos, or other content or objects related to the Service;
- (iv) Displaying our website in a frame of another website;
- (v) Collecting or attempting to collect information from other users, Our Website, by means of web crawlers, bots, or other means;
- (vi) Advertising, promoting, or raising funds for goods or services through the use of the Services;
- (vii) Acts related to criminal acts or against public order and morality; or
- Acts that may interfere with our operation of the Service.
- If we determine that the transmission of information by you or the User in the Service falls under or is likely to fall under any of the items of the preceding paragraph, we may delete all or part of the information without prior notice to the user. We shall not be liable for any damage caused to you under any action taken by us under this section.
Article 12 (Suspension of the Service)
In any of the following cases, we may suspend or discontinue all or part of the Service by notifying the User in advance or, in case of emergency, in any of the following cases:
- (i) Periodic or emergency inspection or maintenance of computer systems and software pertaining to the Service
- (ii) In the event computers or communication lines are down
- (iii) If the Service cannot be operated due to force majeure such as fire, power outage, natural disaster
- We may terminate the provision of the Services at our convenience by giving you prior notice no less than three (3) months.
Article 13 (Ownership)
All ownership and intellectual property rights in relation to Our Website, the Services, and the Hardware belong to us, or the person who has licensed the Services to us, and the license to use the Services based on the registration provided in these Terms does not imply the licensing of intellectual property rights or the establishment of any other rights of the person who has licensed us Website or the Services to us or us.
Article 14 (Cancellation of Registration)
If we deem that you fall under any of the following items, we may temporarily suspend the use of the Service or cancel your registration without prior notice.
- (i) Violation of any provision of these Terms;
- (ii) If the Registration Information is found to contain a false fact;
- (iii) In the event of suspension of payment or insolvency, or if a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings is filed;
- (iv) When all Users under you have not used the Service for 6 months or more and have not responded to our communications; or
- (v) When any of the items of Article 4, Paragraph 4 applies.
- If any one of the events set forth in the items of the preceding paragraph applies, you shall lose the benefit of the due date for all debts owed to us and shall immediately pay all debts to us.
- We shall not be liable for any damages incurred by you or the User as a result of our actions in accordance with this Article.
- You may cancel his/her registration by notifying us in the manner prescribed by us.
Article 15 (Disclaimer of Warranty and Disclaimer of Liability)
- The Subscriber and the Prospective Subscriber may access our website and use the Service at their own discretion. We make no warranty of any kind regarding the up-to-datedness, completeness, accuracy, usefulness, or safety of the Contents.
- The Subscriber shall investigate, at their own responsibility and expense, whether or not their use of the Service violates laws, regulations, and internal rules applicable to them. we do not guarantee that the use of the Service by you or the User will conform to the laws and regulations applicable to you or to the User or any internal rules.
- Any transactions, communications, or disputes arising between Users and third parties in connection with the Service or our website shall be cared for and resolved at the responsibility of the users, and we shall not be liable for any such matters, except where causes are attributable to us.
- We shall not be liable for any damages incurred by the user in connection with the deletion or loss of the User's messages, cancellation of the User's registration, loss of data resulting from the use of the Service, or malfunction or damage to equipment, except where such damages are resulting from our breach of the Service Agreement.
- Even if links are provided from Our Website to other websites or from other websites to Our Website, we shall not be liable for any reason whatsoever in connection with any website other than Our Website and the information obtained therefrom. If Our Website contains content provided by third parties, we do not confirm the legality or validity of such content in advance and bear no responsibility for the results of your viewing or use of such Content.
- We shall not be held responsible for any consequences resulting from decisions made or actions taken by users based on information provided by the Service.
- We will not compensate for any indirect, special, or consequential damages except for those expressly permitted under these Terms.
Article 16 (Compensation for Damages)
If a party intentionally or negligently causes damage to the other party (except in the case where it is not held liable in the usage agreement.), such damage shall be compensated to the other party. However, the amount of damages to be compensated shall be determined based on a mutual discussion between the parties and shall be limited to the cumulative amount of Fees incurred during the 12-month period prior to the occurrence of the damages, regardless of the cause of claim, unless the damages were caused intentionally or by gross negligence.
The Service Agreement shall remain in effect between the parties from the date of completion of registration under Article 4, Paragraph 2 for you to the date of cancellation of said Subscriber's registration.
Article 18 (Changes to these Terms)
In any of the following cases, we may, in accordance with Article 548-4 of the Civil Code of Japan, change the terms of these Terms without obtaining each Subscriber's individual consent, deeming that you have agreed to the provisions of the Agreement after the change by modifying these Terms.
(1)When the modification of these Terms conforms to the general interests of the user.
(2)When changes to these Terms are not contrary to the purpose for which these Terms were made and are reasonable in light of the necessity of the change, the reasonableness of the content after the change, the details of the change, and other circumstances pertaining to the change.
Article 19 (Notice)
Any inquiry or other communication or notification from you or the User to us regarding the Services, or any other communication or notification from us to you or to the User regarding changes to these Terms shall be made in the manner prescribed by us.
Article 20 (Assignment of Rights and Obligations)
Neither the Company nor the Subscriber may assign, transfer, grant security over, or otherwise dispose of to a third party the position under the Service Agreement or the rights or obligations under these Terms without the prior written consent of the other party.
Article 21 (Severability)
Even if any provision or part of these Terms is determined to be invalid or unenforceable under the Consumer Contract Act of Japan or other laws and regulations, the remaining provisions of these Terms shall continue to be in full force and effect, and the parties shall endeavor to amend such invalid or unenforceable provision or part to the extent necessary to make it lawful and enforceable and to ensure the intent of such invalid or unenforceable provision or part and its equivalent legal and economic effect.
Article 22 (Surviving Provisions)
The provisions of Article 7 (3) and (4), Article 11 (2), Article 13, Article 14 (3), Article 15, Article 16, and Articles 20 through 24 shall remain in effect after the termination of the Service Agreement.
Article 23 (Governing Law and Court of Jurisdiction)
These Terms shall be governed by the laws of Japan, and the Tokyo District Court shall have exclusive jurisdiction in the first instance over any and all disputes arising out of or related to these Terms.
Article 24 (Consultation and Settlement)
If any matter is not stipulated in these Terms or any dispute arises concerning the interpretation of the Service Agreement, it shall be promptly resolved through mutual consultation in accordance with the principle of good faith.
Established: November 1, 2022