These terms of service (hereinafter, “these Terms”) set forth the conditions for the use of the SELF MIND smartphone app (including the revised service, if the name or content of this service has been changed for any reason; hereinafter, “the Service”) provided by SELF Corporation (hereinafter, “We”, “Us”, “Our company”, etc.) by and between the user of the Service (hereinafter, “the User”) and our company.
The following terms are used in these Terms:
1.1. “Content” means text, audio, music, images, video, animations, software, programs, code and other information.
1.2. “Service Content” means content that can be accessed through the service.
2. Agreement to these Terms
2.1. The User must use the Service in accordance with these Terms. The User may not use the Service without validly and irrevocably agreeing to the content of these Terms.
2.2. The User shall use the Service with the consent of their legal representative such as a person in parental authority if they are a minor. And if the User will use the Service for a business operator, then they shall do so after the business operator has also agreed to the content of these Terms.
2.3. The User shall be deemed to have validly and irrevocably agreed to the content of these Terms by actually using the Service.
2.4. The various rules, regulations and the like pertaining to the Service that we post on our website from time to time shall form part of these Terms.
3. Revision to these Terms
We may revise these Terms as we deem necessary. If we will revise these Terms, then we will give notice of the revised content and the time the revision will take effect in our prescribed manner by the time the revision will take effect. The User shall be deemed to have agreed to the revised terms by using the Service after the notified time the revision will take effect.
4.1. If the User will register information about themselves in their use of the Service, then they must provide truthful, accurate and complete information and always keep their information up to date.
4.2. Users who have registered for the Service may delete their account and quit the Service at any time.
4.3. All rights of the User pertaining to the Service will be extinguished when the User’s account has been deleted for any reason. Please note that User accounts cannot be recovered even if the User has deleted their account by accident.
4.4. The User’s account for the Service belongs exclusively to the User. The User may not transfer any of their rights pertaining to the Service to a third party, loan such rights to a third party or allow a third party to inherit such rights.
5.2. We may, at our discretion, use or publish the information, data and the like that the User has provided to us as non-personally identifiable statistical information. The User shall not raise any objection to this.
6. Intellectual Property Rights
Copyright and other intellectual property rights associated with the Service shall be retained by our company or the party who has licensed them to us. The User shall not for any reason engage in any act that may infringe upon the intellectual property rights belonging to our company or the party who has licensed them to us (including but not limited to disassembling, decompiling and reverse engineering.)
7. Service Provision
7.1. The User must prepare the mobile phone, communications equipment, operating system, communication means, power, etc. required to use the Service on their own responsibility and at their own expense.
7.2. We may limit provision of all or part of the Service to Users who satisfy the conditions we have deemed necessary.
8. Paid Membership
8.1. The User may purchase part of the Content accessible through the Service that we have specified as paid Content for a selected period of time and use the paid Content for that period (hereinafter, “Paid Membership”).
8.2. Paid Membership shall be valid for weekly or monthly periods.
8.3. If the User wishes to purchase paid Content, then they shall pay the fee prescribed by our company via the App Store in the manner specified by Apple Inc. and iTunes K.K.
8.4. The User may cancel their Paid Membership by indicating their intention to cancel in the manner prescribed by our company. The cancellation shall have effect at the time we have received such indication from the User. The User’s Paid Membership will automatically be renewed on a weekly or monthly basis unless it has been canceled. We will not accept requests to cancel Paid Membership from the User or a third party via e-mail, telephone, postal mail or in person, etc. unless we have indicated otherwise.
8.5. The User shall be charged our prescribed fee for paid Content purchased on a weekly or monthly basis even when the User has not used such Content for the full week or month.
8.6. A User who has canceled their Paid Membership shall be registered as a free member.
9. Suspension of the Service, etc.
9.1. We may interrupt or suspend provision of the Service in whole or in part without prior notice to the User:
(1) to perform regular or urgent inspection or maintenance of computer systems related to the Service;
(2) when computers, communication lines, etc. have been shut down due to an accident or the like;
(3) when we cannot operate the Service normally due to force majeure such as fire, power outage and natural disaster;
(4) when external services such as LINE, Twitter, Facebook, etc. (hereinafter, “External Services”) are experiencing trouble, the provision of External Services has been interrupted or suspended, the link between the Service and External Services has been suspended, or the specifications of External Services have changed, etc.; or
(5) when we have otherwise deemed it reasonably necessary to interrupt or suspend the Service.
9.2. We may discontinue provision of the Service at our reasonable discretion. We shall notify the User in advance in this case.
9.3. We assume no liability for damages suffered by the User due to the measures that we have taken based on the provisions of this Article.
10. Affiliated Partner Services
The Service may include services or Content provided by other businesses affiliated with our company. The businesses providing such services or Content assume liability for such services or Content; we assume no liability with respect thereto. And the User shall use such services or Content in compliance with the applicable terms of service or other conditions established by the business operator providing such services or Content.
11.1. We grant the User the non-transferrable, non-sublicensable, non-exclusive right to use the Service Content we provide solely for the use of the Service.
11.2. The User shall use Service Content for which conditions of use such as the usage fee and usage period are separately prescribed in accordance with such conditions of use. And the intellectual property rights and other rights associated with Service Content that we provide to the User shall not be transferred to the User even when text such as “Purchase” or “Sale” is displayed on the Service screen; the User is granted only the usage rights prescribed in the previous paragraph.
11.3. We may search information on the Internet and display Content on behalf of the User. Part of the Content displayed as search results may include Content for which our company does not hold rights. The provider of such Content assumes sole liability with respect to such Content; we assume no liability in relation thereto.
11.4. The User must not use Service Content beyond the intended usage of the Service (including acts such as duplication, transmission, reprinting, modification, etc.)
11.5. If the User has posted Service Content using a function to link to External Services, then they consent to our company posting on the User’s behalf using such link function. And the User may be prompted to permit our company to use their data when logging in using a link to External Services. The User will be able to use the link function only after providing such permission in this case.
11.6. The User shall use all External Services (including but not limited to registration and use of their user ID and the posting of reviews on the External Service) in compliance with the various terms and conditions established by the operators of the External Services.
11.7. The User shall use External Services at their own risk; we assume no liability for damages suffered as a consequence of the use of External Services, trouble arising between the User and the operator of an External Service, etc. or any other matters relating to External Services.
12. Prohibited Acts
The User must not engage in any of the following acts in their use of the Service:
(1) Acts that violate laws, court rulings, decisions or orders, or legally-binding administrative measures;
(2) acts that may be contrary to public order or morality;
(3) acts that infringe upon intellectual property rights such as copyright, trademark rights and patent rights, honorary rights, privacy rights, or any other legal or contractual rights of our company or a third party;
(4) the act of impersonating our company or a third party or intentionally disseminating false information;
(5) the act of improperly collecting, disclosing or providing another person’s personal information, registration information or user history information, etc.;
(6) acts to hinder the Service’s server or network system, improperly using the Service using BOTs, cheat tools or other technical means, intentionally taking advantage of Service malfunctions, making unreasonable inquiries or requests of our company, or any other act that interferes with or hinders our operation of the Service or the use of the Service by other Users;
(7) acts that we reasonably deem may interfere with our operation of the Service;
(8) acts that assist or encourage any of the acts enumerated in each of the preceding items from (1) to (6); and
(9) any other acts that we have deemed inappropriate.
13. Suspension of User Account, etc.
13.1. We may temporarily suspend the User from using the Service or delete the User’s account without prior notice and without making any demands of the User if we have deemed any of the following circumstances to apply to the User:
(1) The User has violated or may violate these Terms;
(2) the information registered by the User is found to be false;
(3) the User has used or has attempted to use the Service for a purpose or in a manner that may cause damage to our company, other Users, External Service operators or other third parties;
(4) the User is no longer able to use External Services or the External Service link function as a consequence of having violated the terms established by the operator of the External Service or for any other reason;
(5) the User has interfered with the operation of the Service in any way;
(6) the User has died;
(7) the User has not accessed the Service for 1 year or more;
(8) the User is an anti-social force, etc. (which means an organized crime group, a member of an organized crime group, a quasi-member of an organized crime group, a company related to an organized crime group, a corporate extortionist, a group engaging in criminal activities under the pretext of conducting social campaigns, etc., an organized crime syndicate specialized in intellectual crimes, etc. or any other group or individual who uses violence, power or fraudulent means in pursuit of financial benefits. And the same shall apply hereinafter) or the User has some kind of interaction or involvement with an anti-social force, etc. such as providing funding or favors, etc. to maintain the anti-social force, etc. or being involved or cooperating with the management and operations of the anti-social force, etc.; or
(9) we have otherwise reasonably deemed the use of the Service by the User to be inappropriate.
13.2. We assume no liability for any damages suffered by the User due to the measures we have taken based on the provisions of this Article.
14. The User’s Responsibility
14.1. The User shall use the Service at their own risk and shall assume liability for all of their acts performed in their use of the Service and the outcomes thereof.
14.2. The User must strictly manage any password that they register in their use of the Service on their own responsibility to ensure that it is not misused. We may regard any acts performed using the User’s registered password as the acts of the User.
14.3. If the User has caused damages to a third party or has become involved in a dispute with a third party in connection with their use of the Service, then they shall compensate those damages or resolve the dispute on their own responsibility and at their own expense without causing any inconvenience or damage to our company.
14.4. We will take the measures that we deem necessary and appropriate if we have deemed the User to be using the Service in violation of these Terms. However, we are not obliged to prevent or rectify such violation by the User.
14.5. If we have suffered any direct or indirect damages (including the burden of lawyers’ fees) as a consequence of the User’s use of the Service (including the case where we have been subjected to a claim from a third party due to such use), then the User must immediately compensate such damages in accordance with our request.
15.1. We do not explicitly or impliedly guarantee that the Service (including Service Content) is free from defects in fact or law (including safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, flaws related to security, etc., errors and bugs, rights infringement, etc.) We are not obliged to remove any defects in the Service provided to the User.
15.2. We assume no liability for any damages suffered by the User due to the Service. However, this disclaimer shall not apply if the contract between our company and the User pertaining to the Service (including these Terms) is a consumer contract prescribed in the Consumer Contract Act.
15.3. Even if we are obliged to compensate the User for damages in connection with their use of the Service, our liability shall be limited to the total amount paid by the User to our company as consideration for the Service in the 3 months prior to the point in time at which the cause of action occurred. And we assume no liability for any incidental, indirect, special or future damages or lost profits.
15.4. We assume no liability for damages resulting from slow Service display speeds and Service failure, etc. caused by excessive user traffic and other unexpected circumstances.
15.5. We assume no liability for damages resulting from change, interruption, suspension or discontinuation of the Service.
16. Contact Method
16.1. We will contact the User in relation to the Service via posting displayed in an appropriate place on our website or in any other manner we deem appropriate.
16.2. The User may contact our company in relation to the Service via the inquiry form placed in an appropriate place on our website or in the other manner we have specified.
17. Transfer of the Service
If we have transferred our business relating to the Service to a third party (be it through business transfer, company split or in any other form), then we shall be able to transfer our standing, rights and obligations under these Terms as well as the User’s registered information and other customer information to the assignee of the transfer. The User shall be deemed to have agreed to such transfer in advance.
18. Governing Law, Jurisdiction
The original version of these Terms has been created in Japanese and these Terms shall be governed by the laws of Japan. The Tokyo District Court or Tokyo Summary Court shall have the exclusive jurisdiction as the court of the first instance to hear any disputes that have arisen between the User and our Company from or in connection with the Service.