App Terms of Use

These terms of use (hereinafter referred to as “Terms”) define the conditions for using the mobile application “Bed Wetting Calendar” (hereinafter referred to as “Service”), developed by Kouroku (hereinafter referred to as “Service Provider”) as a freemium service. Users (hereinafter referred to as “User”) of this Service are required to comply with these Terms when using the Service.

Applicability

These Terms apply to all relationships concerning the use of the Service between Users and the Service Provider.

The Service Provider may establish additional rules and provisions regarding the use of the Service (hereinafter referred to as “Individual Provisions”). These Individual Provisions, regardless of their name, will form part of these Terms.

In cases where the provisions of these Terms contradict those of the Individual Provisions mentioned above, the provisions of the Individual Provisions will take precedence unless otherwise specified.

Prohibited Acts

Users must not engage in the following acts when using the Service:

1. Acts that violate laws or public order and morals.
2. Acts related to criminal activities.
3. Acts that infringe upon copyrights, trademarks, or other intellectual property rights contained in the Service.
4. Acts that damage or interfere with the functioning of servers or networks belonging to the Service Provider, other Users, or third parties.
5. Acts that may hinder the operation of the Service Provider.
6. Unauthorized access or attempts to do so.
7. Collection or accumulation of personal information about other Users.
8. Use of the Service for illegal purposes.
9. Acts that cause disadvantage, damage, or discomfort to other Users or third parties.
10. Impersonation of other Users.
11. Advertising, solicitation, or sales activities on the Service without permission from the Service Provider.
12. Providing direct or indirect benefits to antisocial forces in connection with the Service.
13. Any other acts deemed inappropriate by the Service Provider.

Suspension of Service Provision

1. The Service Provider may suspend or interrupt the provision of all or part of the Service without prior notice to Users if it determines that any of the following reasons apply:
   1. Maintenance or updates of the computer system related to the Service.
   2. If it becomes difficult to provide the Service due to natural disasters such as earthquakes, lightning, fires, power outages, or other force majeure events.
   3. If there is an accident that halts computers or communication lines.
   4. Any other circumstances deemed difficult for the Service Provider to provide the Service.
2. The Service Provider shall not be responsible for any disadvantages or damages incurred by Users or third parties due to the suspension or interruption of the Service.

Disclaimer of Warranties and Liability

1. The Service Provider does not guarantee, either explicitly or implicitly, that the Service is free from defects (including safety, reliability, accuracy, completeness, validity, suitability for a particular purpose, security, defects, errors, bugs, or rights infringements).
2. The Service Provider shall not be liable for any damages incurred by Users resulting from the Service, except in cases of intentional or gross negligence by the Service Provider. However, if the contract between the Service Provider and User regarding the Service (including these Terms) constitutes a consumer contract as defined by the Consumer Contract Act, this disclaimer will not apply.
3. Even in the cases specified in the preceding paragraph, the Service Provider shall not be liable for damages incurred by Users due to non-performance or tort caused by the Service Provider’s negligence (excluding gross negligence) that arise from special circumstances (including situations where the Service Provider or User could foresee the damage). Additionally, compensation for damages caused by the Service Provider’s negligence (excluding gross negligence) will be limited to the amount of the fees received from the User in the month in which the damage occurred.
4. The Service Provider shall not be responsible for any transactions, communications, or disputes that occur between Users and third parties concerning the Service.

Changes to the Service Content

The Service Provider may change, add to, or discontinue the content of the Service, and Users agree to this.

Changes to the Terms

1. The Service Provider may change these Terms without obtaining individual consent from Users in the following cases:
   1. When the change benefits Users generally.
   2. When the change does not violate the purpose of the Service use agreement and is reasonable in light of the necessity for the change, the appropriateness of the changed content, and other circumstances related to the change.
2. The Service Provider will notify Users in advance of any changes to these Terms, including the details of the changes and the effective date.

Handling of Personal Information

The Service Provider will appropriately handle personal information obtained through the use of the Service in accordance with its “Privacy Policy.”

Prohibition of Assignment of Rights and Obligations

Users may not assign their position in the service agreement or rights or obligations based on these Terms to third parties without prior written consent from the Service Provider.

Governing Law and Jurisdiction

1. The interpretation of these Terms shall be governed by Japanese law.
2. In the event of a dispute concerning the Service, the court having jurisdiction over the location of the Service Provider shall have exclusive jurisdiction.

Date of establishment: September 26, 2024