Terms of Use
These Terms of Use (the "Terms") set forth the conditions for using the smartphone application provided by RND Co. Ltd. ("we," "us," or the "Company") (the "App"). By starting to use the App, users are deemed to have agreed to these Terms. All persons who use the App are referred to as "Users."
Article 1 (Scope)
- These Terms apply to all relationships between the Company and Users regarding use of the App.
- Users are deemed to have agreed to these Terms when they start using the App.
- Any additional rules, guidelines, notices, and similar items posted in the App by the Company constitute part of these Terms.
Article 2 (Provision of the App)
- The Company grants Users a non-exclusive and non-transferable right to use the App in accordance with these Terms.
- The Company may change, suspend, or discontinue all or part of the App without prior notice to Users.
Article 3 (Account Management)
- If a User registers an account for the App, the User shall enter true and accurate information.
- Users are responsible for managing their registered information and may not lend, transfer, or share their account with third parties.
- The Company is not liable for any damages incurred by Users due to unauthorized use of an account, except where caused by the Company's intentional misconduct or gross negligence.
Article 4 (Prohibited Conduct)
When using the App, Users must not engage in any of the following acts:
- Acts that violate laws, regulations, or public order and morals
- Acts that lead to criminal activity
- Acts that infringe intellectual property rights, honor, privacy, or other rights of the Company or any third party
- Analysis, modification, reverse engineering, reproduction, or redistribution of the App
- Unauthorized access to servers or networks
- Acts that interfere with operation of the App
- Registration of false information
- Impersonation of another User
- Any other acts deemed inappropriate by the Company
If the Company determines that a User has engaged in prohibited conduct, the Company may take necessary measures, including suspension of use, deletion of posts, and deletion of the account.
Article 5 (Handling of User Content)
- Copyright in data, text, images, audio, and other content posted or transmitted by Users in the App ("User Content") belongs to the User.
- Users are deemed to grant the Company a royalty-free, non-exclusive license to use User Content (including reproduction, public transmission, and adaptation) to the extent necessary for operation, improvement, and analysis of the App.
- Users represent and warrant that User Content does not infringe any third-party rights and does not otherwise violate laws or these Terms.
- The Company may delete or hide User Content if there is suspected violation of laws or these Terms.
Article 6 (Intellectual Property Rights)
All intellectual property rights related to the App (including designs, programs, databases, images, text, logos, and similar items) belong to the Company or lawful rights holders. Users may not reproduce, reprint, modify, publicly transmit, or otherwise use App content without the Company's permission.
Article 7 (Handling of Personal Information)
The Company handles Users' personal information appropriately in accordance with the Company's separately established Privacy Policy. Users agree to the Privacy Policy when using the App.
Article 8 (Advertising and Integration with External Services)
- Advertisements may be displayed in the App. Content of advertisements and related transactions are handled at the advertiser's responsibility, and the Company is not liable for damages arising from such advertisements (except where caused by the Company's intentional misconduct or gross negligence).
- The App may integrate with external services (such as social networking services and external APIs). Use of external services is subject to the terms and conditions of those services.
Article 9 (Changes, Suspension, and Termination of the App)
The Company may add, improve, or change App features without prior notice to Users. The Company may also temporarily suspend provision of the App due to system failures, maintenance, natural disasters, communication failures, or other unavoidable reasons.
Article 10 (Health and Safety Notice (Fitness App Provisions))
- The App is intended for recording and visualization of exercise and health management information and does not provide medical practice, diagnosis, treatment, prescriptions, or substitute advice for such services.
- Users shall use the App and perform exercise at their own responsibility and judgment. If you have pre-existing medical conditions, are pregnant, or have concerns about your physical condition, consult a physician or other professional in advance.
- If you experience pain, dizziness, shortness of breath, poor condition, or other symptoms while exercising, stop exercising immediately and seek medical attention as necessary.
- The Company is not liable for accidents, injuries, illnesses, worsening of physical condition, or other damages arising from use of the App or exercise performed based on the App (except where caused by the Company's intentional misconduct or gross negligence).
- The App is not provided as a medical device or medical information system and has not obtained approvals, certifications, notifications, or similar authorizations under laws related to medical devices or pharmaceuticals.
Article 11 (Fees and Billing)
- Some functions of the App may be paid features (subscription, one-time purchase, or both). Fees, billing cycles, provided content, and other conditions will be announced in the App or by methods separately specified by the Company.
- The Company may add, change, or discontinue paid features without prior notice.
- The Company may change prices, billing structures, and provision conditions of paid features. Details and effective dates of changes will be announced in the App or by methods separately specified by the Company.
- Subscriptions may auto-renew. Cancellation must be made according to procedures specified by the platform used by the User (for example, Apple's App Store), and the Company does not perform cancellation procedures on behalf of Users.
- Fees paid by Users are non-refundable except where refunds are required by law or platform operator rules.
- If platform operator terms apply to billing, payment, or refunds, those terms take precedence.
Article 12 (Withdrawal and Data Deletion)
- Users may terminate use of the App (including account withdrawal) by methods specified by the Company.
- Data of Users may be deleted upon withdrawal or termination of use. Scope, timing, and target of deletion are subject to system specifications and the Privacy Policy.
- Deleted data may not be recoverable from the Company's systems.
- The Company may retain data for a certain period where deemed necessary for legal compliance, dispute handling, fraud prevention, or similar purposes.
Article 13 (Data Storage and Backup)
- Record data stored in the App may be stored on-device, synchronized to cloud services, or both (the applicable method is indicated in the App and related notices).
- The Company does not guarantee backup of User data, continued retention, integrity, or prevention of loss. Users are responsible for making any necessary backups.
- The Company is not liable for loss or corruption of data caused by communication failures, device failures, OS updates, malfunctions of external services, or similar causes (except where caused by the Company's intentional misconduct or gross negligence).
Article 14 (Healthcare Integration (HealthKit, etc.))
- Based on User consent, the App may integrate with Apple HealthKit and other healthcare-related features/APIs and may obtain, store, display, and analyze health and exercise data (for example, activity, workouts, and body measurements). Specific scope of data is subject to consent screens and in-app displays.
- Users may change or withdraw such permissions at any time through device settings or similar methods. If permission is withdrawn, some App functions may become unavailable, and displays/analysis may become incomplete.
- The Company is not liable for limitations of App functions caused by specification changes, suspension of service, or failures of external platforms such as HealthKit (except where caused by the Company's intentional misconduct or gross negligence).
- Users acknowledge that the Company does not guarantee accuracy, completeness, or timeliness of data obtained from HealthKit and similar sources.
Article 15 (Notices)
- The Company may provide notices regarding the App, important announcements, feature guidance, and similar information through in-app displays, push notifications, email, or other methods deemed appropriate by the Company.
- Delivery, timeliness, and certainty of notices are not guaranteed. Notices may not be received due to device settings, communication environment, platform restrictions, or similar factors.
- Users may be able to disable marketing notifications via device settings or methods specified in the App.
Article 16 (Third-Party Provision and Outsourcing)
- For provision, operation, improvement, analysis, advertising distribution, support, and related purposes, the Company may outsource all or part of its operations to third parties and may allow such contractors to handle User information (including personal information) within necessary scope.
- The Company may use third-party services such as ad SDKs and analytics tools, and such third parties may obtain device information and similar information from Users. Details are set out in the Privacy Policy.
- For quality improvement and usage analysis of the App, the Company uses analytics tools such as Google Analytics for iOS to analyze usage conditions.
- User information may be handled outside Japan, including where contractors or third-party services are located abroad. Such handling is governed by the Privacy Policy.
Article 17 (Disclaimer of Warranties)
The Company does not warrant any of the following regarding the App:
- That the App always operates normally
- That the App is free of bugs or errors
- That the App meets the User's specific purpose
- Integrity, accuracy, or usefulness of data
Article 18 (Damages and Limitation of Liability)
- If a User causes damage to the Company by violating these Terms, the User shall compensate the Company for such damage (including attorneys' fees).
- Even where the Company is liable to a User for damages, the Company's liability is limited to direct and ordinary damages that would normally arise.
- The Company is not liable for indirect damages, special damages, incidental damages, lost profits, or damages arising from data loss (except where caused by the Company's intentional misconduct or gross negligence).
- Where the Company is liable for damages, the maximum amount is the total amount of fees actually paid by the User to the Company during the three months immediately preceding the month in which the damage occurred, with respect to the paid service of the App directly causing such damage; provided, however, that this limitation does not apply in cases of intentional misconduct or gross negligence by the Company.
- If any provision limiting the Company's liability is restricted by the Consumer Contract Act or other applicable laws, the Company shall be liable in accordance with such laws.
Article 19 (Exclusion of Anti-Social Forces)
Users represent and warrant that they are not anti-social forces (including organized crime groups) and are not involved in funding or similar activities for such forces. If a violation is discovered, the Company may take measures such as suspension of use without notice.
Article 20 (Business Transfer and Succession)
The Company may transfer business related to the App to a third party (including business transfer, company split, merger, or other organizational restructuring), and Users agree in advance that status under these Terms, rights and obligations, and User information (including personal information) may be succeeded by the transferee in connection with such transfer.
Article 21 (Changes to these Terms)
The Company may change these Terms as necessary. Revised Terms take effect when posted in the App or on the Company's website.
Article 22 (Governing Law, Jurisdiction, and Language)
- These Terms are governed by the laws of Japan, and the Japanese-language version is the official original.
- Versions in other languages are provided for reference only. If there is any discrepancy, the Japanese-language version prevails, and other language versions have no legal binding force.
- Any dispute related to the App shall be subject to the exclusive jurisdiction of the district court having jurisdiction over the location of the Company's head office as the court of first instance.