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TERMS
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These Terms of Use (hereinafter referred to as the "Terms") set forth the terms and conditions for use of the Service (as defined in Article 1) by the Customer (as defined in Article 1). Customers are required to fully review the Terms and Conditions and agree to all of the terms and conditions before using the Service.

Article 1: Definition of Terms


  1. The Applications
    Applications provided by NISSHIN DENKI KOSAKU K.K.
  2. Official Websites
    The official website of the application operated by the Company, which can be referred to from the link in the application
  3. The Services
    The Applications and any services provided in connection therewith.
  4. Customers
    Persons who use or intend to use the applications
  5. UserID
    Customer-specific character strings (including combinations of character strings, passwords and codes assigned for support, etc.) assigned by the Company for customer identification and after-sales service, etc.
  6. Mobile devices
    Smartphones, tablets, and other information devices capable of installing the applicationa

Article 2: Adaption and Modification of Terms of Use


  1. You must agree to the Terms of Service when you install the Application on your mobile device and start using the Service. Upon your agreement, a contract (hereinafter referred to as the "Terms of Service") is formed between you and us, which includes the Terms of Service.
  2. Any guidelines or rules of use posted on the Application or the Official Site that are separate from the Terms of Use ("Guidelines, etc.") shall also constitute a part of the Terms of Use. In the event of any inconsistency between the Terms of Use and the Guidelines, etc., the provisions of the Guidelines, etc. shall prevail.
  3. We may change the Terms of Use at any time without your prior approval. The modified Terms of Use shall become effective from the time they are displayed on the Application or the Official Site, unless otherwise specified by the Company. We may provide advance notice of changes to the Terms of Service and their contents on the Application or the Official Site for a period of time that we deem reasonable as a period of advance notice.
  4. By using the Service after the Terms of Service have been changed, you will be deemed to have agreed to such changes. If you do not agree to such changes, you may not use the Service.
  5. You shall periodically visit the Official Site to review changes to the Terms of Service and the content posted on the Application and the Official Site, even if you have not been notified by us.
  6. We shall not be liable for any damages incurred by you due to changes in the Terms of Use or your failure to check the preceding paragraph, except in cases of willful misconduct or gross negligence on our part.

Article 3: Introduction of this Service


  1. You shall install the Application on a mobile device owned by you (including, if you are a minor, a mobile device owned by a legal representative (such as a person with parental authority) who has authorized its use for you).
  2. You shall prepare, at your own expense and responsibility, the mobile device, telecommunications service, Internet access service, and any other equipment and services necessary to use the Service.
  3. You shall not deploy the Application on more than one (1) mobile device or otherwise accept more than one (1) user ID.
  4. You shall not deploy the Application on more than one mobile device or otherwise accept more than one user ID.
  5. We shall not be liable for any damages you suffer as a result of your lending, exchanging, transferring, selling, trading, or pledging a mobile device on which you have installed the Application, except in the case of willful misconduct or gross negligence on our part.

Article 4: Use by Minors


  1. If you are a minor, you shall obtain the prior consent of your legal representative (such as a person with parental authority) to use the Service (including consent to the Terms of Service). If you use the Service without such consent, we may terminate this User Agreement with you or suspend your use of the Service.
  2. If a customer who was a minor at the time he or she agreed to the Terms of Service uses the Service after reaching the age of majority, he or she shall be deemed to have ratified the act of use while he or she was a minor.
  3. We may restrict your use of some or all of the Services based on your age. The subject matter and content of such restrictions will be set forth separately on the Application or the Official Site.

Article 5: Assignment of User IDs and Management Responsibility


  1. For the purpose of customer identification and after-sales service, we will assign a user ID to each customer or to each mobile device on which this Application is installed. The user ID may be assigned separately for each of the multiple Applications provided by us, or it may be assigned in common with respect to multiple Applications.
  2. You shall be solely responsible for the use and management of the User ID granted to you.
  3. Any use of the Service made using your user ID shall be deemed to be use by you, and you shall be responsible for all usage fees and any other liabilities incurred as a result of such use. The Company shall be liable for any and all liabilities, including usage fees, arising from the use of your user ID by a third party (including other users of the Service; the same hereinafter). The Company shall not be liable for any damages incurred by the customer as a result of the use of the customer's user ID by a third party (including other users of the Service), except in the case of willful misconduct or gross negligence by the Company.
  4. You shall not lend, exchange, transfer, sell, buy, sell for cash or pledge your user ID, and shall not allow any third party to use your user ID, regardless of the method.

Article 6: Usage Fees


  1. The amount of the fee, due date and method of payment shall be set forth in the Application or on the Official Site.
  2. We may change the amount of the usage fee, payment due date, or payment method at any time without obtaining your prior approval, and unless otherwise specified by us, such changes shall become effective from the time we display the details of such changes on the Application or the Official Site. We may provide advance notice of these changes and their contents on the Application or the Official Site for a period of time that we deem reasonable as an advance notice period.
  3. You shall pay the usage fee in accordance with the payment terms and conditions, etc. separately stipulated by the payment method specified by us (hereinafter referred to as "Payment Service Provider").
  4. In the event that a dispute arises between you and a Payment Service Provider regarding payment of the Usage Charges, you shall handle and resolve such dispute with such Payment Service Provider. We shall not be liable for any such dispute except in the case of willful misconduct or gross negligence on our part.
  5. Once you have paid the usage fee, it will not be refunded at all unless we inform you otherwise or unless there is willful misconduct or gross negligence on our part. The same shall apply in the event that the Service is unavailable due to an interruption or defect in the telecommunication service or Internet connection service you are using.

Article 7: Personal Information and its Handling


  1. In using the Service, we may obtain personal information (personal information as defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information. The same applies hereinafter) and certain other information about you ("Personal Information, etc.").
  2. We will handle Personal Information, etc. obtained from you appropriately in accordance with the "Privacy Policy" separately posted on this Application or on the Official Site (which can also be referred to directly from the link in this Application). You agree to the handling of your personal information, etc., in accordance with such "Privacy Policy."

Article 8: Posting of Information on the Service


  1. You are solely responsible for any and all information you transmit about yourself.
  2. You warrant that your Submissions and our use of your Submissions in accordance with these Terms of Use will not infringe upon the intellectual property rights, privacy rights, publicity rights or other personal rights or interests of any third party (including intellectual property rights, "Intellectual Property Rights, etc.").
  3. You shall, at your own responsibility and expense, settle any complaints, lawsuits, or other disputes from third parties regarding the information you transmit. We shall not be liable for any such disputes.
  4. The Company shall not be liable for any use of your Submitted Information in any manner (including, but not limited to, reproduction, transmission, provision to third parties, investigation of the contents, investigation of fraudulent activities of the Service, use in advertising and promotional activities for the Service or other services, and use of edited or altered Submitted Information in any such manner), nor shall the Company be liable for any loss or damage arising from the use or use of the Submitted Information. (including, but not limited to, the use of such information in advertising and promotional activities outside of the Service or the Service, and the use and authorization of such use and authorization of such use and authorization by third parties). You hereby grant us and such third parties a free, perpetual, and unconditional license to use the Transmitted Information.
  5. We may, in our sole discretion and without prior notice to you, view your Submissions, whether before or after publication, and cease publication or delete all or part of them, if we deem it necessary to do so.

Article 9: Handling of Information


  1. We may delete, move, or make any other changes to your information after reviewing it if any of the following apply:
    1. When the provision of the Service is terminated
    2. When this service is transferred to another service operated by us or a third party
    3. When we determine that you have violated the Terms of Service. (including cases in which we determine that the content or creation process of the information violates the Terms of Service)
    4. When we deem it necessary for the operation and maintenance of the Service
    5. When we deem it necessary for other reasons
  2. We are under no obligation to you to make any changes to your information.
  3. We shall not be liable for any damages incurred by you or any third party as a result of our implementation or non-implementation of changes to the information in accordance with paragraph 2, except in cases of intentional or gross negligence on our part.

Article 10: Prohibitions


When using the Service, customers shall not engage in any of the following acts or acts that may lead to any of the following.

  1. To unsettle, intimidate, embarrass, stalk, or offend any third party
  2. Use of language that is sexually suggestive, threatening, racially biased, against the law, vulgar, obscene, defamatory, or in any other way offensive
  3. Impersonating an officer or employee of the Company or its affiliated companies, or any other person related to the Company or the Service
  4. Slander, falsehood, or other statements that defame the honor or trustworthiness of a third party
  5. Commercial transactions, commercial advertisements, exchange of contraband, solicitation for organizations, or religious activities
  6. Formation and activities of organizations with beliefs based on religion, race, sex, ethnicity, human rights or any other discrimination or prejudice, or with the intent to engage in commercial activities
  7. Acts in violation of international law, the Constitution, laws, ordinances, or other regulations
  8. Acts that are offensive to public order and morals, or acts that encourage or assist such acts
  9. Criminal acts, illegal acts, or acts connected to criminal acts, illegal acts, or acts that incite or assist in criminal acts, illegal acts
  10. Acts that lead to suicide or self-injury, or actions that incite or assist in such actions
  11. Acts that induce or encourage youths to run away from home
  12. Acts that wish to meet or associate with persons of the opposite sex with whom one is not acquainted, or to induce such persons to do so, or to invite such persons to become partners in opposite-sex relationships.
  13. Acts that adversely affect or impede the formation of a minor's character or the sound upbringing of a minor
  14. Acts of displaying information for the purpose of sexual or other indecent acts, acts of displaying information equivalent to obscenity, child pornography, or child abuse, or acts of selling media containing such information, or acts of displaying or transmitting information that evokes the transmission, display, or sale of such information
  15. Impersonating a real or fictitious person or any other similar act (including the use of another person's user ID)
  16. Collecting, storing, disclosing, or communicating personal information of a third party, or attempting to do so
  17. Installing the applications on more than one mobile device or receiving more than one user ID by any other method
  18. Act of lending, exchanging, transferring, changing the name of, buying, selling, exchanging for cash, pledging, or providing collateral or any other method to a third party for any user ID or any other data, whether within or outside the Service, or any act of preparation to induce, encourage, or advertise such acts
  19. Unauthorized access, impersonation of another customer by using the password of another customer, etc.
  20. Interference with communications, interception of communications, intrusion into the server that operates the Service, or information theft
  21. Transmitting or posting computer viruses or other illegal information
  22. Infringing the intellectual property rights or any other rights of the Company or any third party
  23. Using bugs or other defects in this application or server for unfair purposes, or abetting or assisting in such use
  24. Any act that takes advantage of any condition not intended by the Company, such as malfunction of the Application or server, to gain an advantage for oneself or a third party, or any act that instigates or aids in such an act
  25. Development, distribution, or use of unauthorized tools, unauthorized applications, pirated versions of the Application, cheat tools, or other programs designed to abuse the Service, or any act that induces or encourages a third party to commit such acts.
  26. Deletion, alteration (including data falsification), modification, adaptation, creation of derivative works, decompiling, disassembling, or reverse engineering of this Application or the Official Site, or any act that induces or encourages a third party to commit such acts.
  27. Redistribution and lending of part or all of this application (including copying), as well as resale or resale of this application
  28. Interfering with the operation of this service
  29. Acts that we have notified you or announced on the Application or the Official Site as prohibited acts
  30. Acts that violate the Terms of Use
  31. Any other acts that the Company deems inappropriate

Article 11: Suspension or Restriction of Use of the Service


The Company may immediately suspend your use of all or part of the Service if the Company determines that you fall under any of the following items.

  1. When an act prohibited by the preceding article is committed, or other violations of the Terms of Use are found, or are likely to be found.
  2. When fraudulent acts are found in connection with the payment of usage fees.
  3. When payment has been suspended or treated as invalid by the settlement provider
  4. When a petition for the commencement of bankruptcy or civil rehabilitation proceedings is filed, or when a petition is filed by the user himself/herself.
  5. When it is found that a user ID has been used by a third party.
  6. When we deem that the use of the user ID by a third party will interfere with our business operations.

Article 12: Termination of this User Agreement


  1. This User Agreement shall terminate upon the occurrence of any of the following events.
    1. Deletion of the Application from your mobile device by you.(However, this shall not apply if the customer continues to use the Service in a manner separately specified by the Company, such as transferring data to a different mobile device using the customer's user ID.)
    2. Termination of Provision of the Service.
  2. We may terminate this User Agreement upon the occurrence of any of the following events.
    1. When a customer or a user ID used by a customer has been suspended or had a contract for use of our services (including but not limited to this service) terminated in the past.
    2. When there is no actual use of the Service for a period of time separately determined by the Company.
    3. When a customer has been subjected to a suspension of use based on the preceding article and the customer does not prove that the Company made an error in judgment within one (1) year from the date of suspension.
    4. If the customer receives a suspension of use based on the preceding article and does not resolve the cause of the suspension within the period of time despite the Company's subsequent demand for a specified period of time.
    5. In the event of the death of the customer (the Company is under no obligation to investigate the death of the customer)
    6. If the customer violates the Terms of Service.
    7. In the event that the Company deems it inappropriate or impossible to provide the Service to the Customer.
  3. Notwithstanding the preceding paragraph, the Company may immediately terminate this TOS without prior notice if the Company determines that the customer falls under any of the items of the preceding article and that the customer is interfering with the Company's performance of its business.
  4. The Company shall not be liable for any damages incurred by the Customer as a result of the termination of the Agreement pursuant to this Article, except in the case of willful misconduct or gross negligence on the part of the Company.

Article 13: Change, Termination and Suspension of this Service


  1. We reserve the right to change all or part of the contents of the Service without prior notice to you.
  2. The Company may, at its discretion, terminate the Service, in whole or in part. In such cases, except in cases of emergency, the Company shall make a public announcement or give prior notice to the customer to that effect by any method the Company deems appropriate.
  3. The Company may suspend provision of the Service temporarily or for an extended period of time without prior public announcement or notice to the customer in the event of any of the following events. In such cases, except in cases of emergency, the Company shall announce or notify the customer to that effect in advance by any method the Company deems appropriate.
    1. Periodic or emergency maintenance or repair of hardware, software, telecommunications equipment facilities and all other resources used in the provision of this service.
    2. Interruption of communication lines such as the Internet and cell phone lines.
    3. Force majeure such as natural disasters.
    4. Fire, power failure, or other unforeseen accidents.
    5. War, disputes, uprisings, riots, or labor disputes.
    6. Other cases in which the Company deems it necessary to interrupt the provision of this service.
  4. The Company shall not be liable for any damages incurred by the Customer as a result of any modification, termination, or suspension of the Service pursuant to this Article, except in the case of willful misconduct or gross negligence on the part of the Company.

Article 14: Disclaimer


  1. You acknowledge that the content of the Service and the manner in which it is provided may change from day to day. We do not guarantee the permanence of the existence, content, or delivery method of the Service.
  2. We make no warranty of any of the following with respect to the Service and shall not be liable for any of the following, except in the case of willful misconduct or gross negligence on our part.
    1. The Service is free from bugs and other defects, and the integrity and certainty of the Service.
    2. The Service should be available without interruption in any environment, should work on all mobile devices, and should otherwise be compatible with the Service.
    3. The completeness, accuracy, applicability, and usefulness of the information provided on the Service and any other information obtained through the use of the Service by customers.
    4. Integrity of the integrity of transmitted information, game information, and other information integrity.
    5. The Service does not infringe on the intellectual property rights or any other rights of any third party.
  3. You shall use the Service at your own discretion and shall endeavor to avoid excessive use of the Service that may disrupt a healthy living environment. The Company shall not be liable for any social, emotional, or physical damages incurred by the customer as a result of use that deviates from the socially acceptable range, except in cases of willful misconduct or gross negligence on the part of the Company.
  4. We shall not be liable for any damages incurred by you due to unauthorized access to this service, computer virus infiltration, or other acts of third parties, unless such acts are intentional or grossly negligent on our part.
  5. In the event that a customer causes damage to a third party or has a dispute with a third party as a result of the customer's use of the Service, the customer shall resolve the dispute at the customer's own responsibility and expense, and shall not hold the Company liable for any liability. You shall compensate or indemnify us for any damages or expenses (including but not limited to reasonable attorneys' fees) incurred by us as a result of any dispute between you and any third party.

Article 15 Compensation for Damages


  1. In the event that you cause damage to the Company due to a breach of the Terms of Service or for any other reason attributable to you, you shall compensate the Company for such damage. If such damage has occurred or is likely to occur, the Company may demand that the Customer be enjoined from committing the act that caused the damage.
  2. If the Company causes damage to the Customer for reasons attributable to the Company, the Company shall compensate the Customer for such damage. However, except in the case of willful misconduct or gross negligence on the part of the Company, the scope of the Company's obligation to compensate for damages shall be limited to the total amount of the Service usage fees received by the Company from the Client and shall be limited to damages directly caused to the Client as a result of use of the Service. (Lost profits, consequential damages and other indirect damages are not included.)

Article 16: Intellectual Property Rights of the Service


  1. Intellectual property rights to the images, video, text, programs, and all other information ("Content") provided to you by the Company in the Service shall belong to the Company or the party that has authorized the Company to use such Content (the "Licensor"). You shall not reproduce, transmit, or otherwise use the Content without the permission of the Company or the Licensor, and shall not allow any third party to use the Content, except as permitted under the Copyright Act or other applicable laws and regulations.
  2. The names of people, companies, products, services, and other names (hereinafter collectively referred to as "Trademarks, etc.") displayed on the Application or the Official Site include names for which the Company or a third party has trademark rights or other rights of use. We may state on the Application or the Official Site that the Trademarks, etc. are registered trademarks of our company or a third party, but even if the Trademarks, etc. are not so stated, our company or a third party may have the right to use them.
  3. The Terms of Use shall not be construed as an assignment or license of the Trademarks, etc. to you or any other third party. You shall not apply for trademark registration of the Trademarks, etc.
  4. Customer shall not apply for registration of, apply for transfer of, or exercise any intellectual property rights in connection with the Services.

Article 17: Validity of Terms of Use


  1. If any part of the Terms of Use is determined to be invalid under any law or regulation, the validity of the other provisions shall not be affected.
  2. If any part of the Terms of Use is determined to be invalid or revoked in relation to some customers, this shall not affect the validity of the other provisions with other customers.

Article 18: Exclusion of Antisocial Forces


  1. You represent and warrant that you are not currently a member of a crime syndicate, a member of a crime syndicate, a person for whom five years have not passed since he/she ceased to be a member of a crime syndicate, a quasi-organized member of a crime syndicate, a company affiliated with a crime syndicate, a general meeting house, a socially motivated group, a special intelligence group, or any other similar person(hereinafter collectively referred to as "Anti-Social Forces"). In addition, the Company represents and pledges that it does not fall under any of the following items and will not fall under any of the following items in the future.
    1. Having a relationship in which antisocial forces are deemed to control the management of the company.
    2. Having a relationship in which antisocial forces are deemed to be substantially involved in management.
    3. 自Having a relationship that is deemed to involve unjustified use of antisocial forces, such as for the purpose of seeking unjust profits for oneself, one's own company, or a third party, or for the purpose of inflicting damage on a third party.
    4. Having a relationship that is deemed to involve antisocial forces, such as providing funds, etc. or benefits to antisocial forces.
    5. Having a socially reprehensible relationship with antisocial forces in which an officer or a person substantially involved in the management of the company has a socially reprehensible relationship with antisocial forces.
  2. You represent and warrant that you will not, by yourself or through the use of a third party, engage in any of the following acts:
    1. Violent demanding behavior.
    2. Unreasonable demands beyond legal responsibility.
    3. Acts of threatening words or deeds or using violence in connection with a transaction.
    4. An act of spreading rumors, using deceptive means or force to damage the other party's credibility or obstruct the other party's business.
    5. Other acts equivalent to the preceding items.
  3. If it is found that the customer is an antisocial force or falls under any of the items of Paragraph 1, or commits any act that falls under any of the items of the preceding paragraph, or makes a false declaration regarding the representations and warranties under Paragraph 1, the Company shall, regardless of whether or not there is any reason attributable to itself, the Company may terminate this Agreement without any notice, regardless of whether or not there is any reason attributable to the Company.
  4. You acknowledge and agree that if we terminate this Agreement in accordance with the preceding paragraph, you shall not be liable to compensate us for any loss or damage incurred by you.

Article 19: Special Provisions


Special terms applicable to only some of the Services shall be stipulated in the Special Terms section at the end of the Terms of Service, along with the name of the applicable Service.

Article 20: Governing Law and Jurisdiction


  1. The Terms of Use shall be governed by and construed in accordance with the laws of Japan.
  2. Any problems between you and us related to the Service shall be resolved through mutual consultation in good faith. If no resolution can be reached through consultation, the Osaka District Court shall have exclusive jurisdiction as the court of first instance.

Special Remarks


None

Additional Clause


Article 1: Supplement for customers using Apple Inc. operating systems and smart devices


This Article supplements and accompanies the provisions of these Rules for customers who use this Application on an operating system or smart device provided by Apple Inc. ("Apple"), and is supplemental to and annexed to the provisions of these Rules for the benefit of customers using the Application on operating systems and smart devices provided by Apple Inc. In the event of any conflict between the provisions of this Article and the provisions of the Rules, the provisions of this Article shall prevail to the extent of such conflict.

  1. We grant you, and you acquire, a non-exclusive, non-transferable license to download and use the Application solely for your personal, non-commercial use as set forth in the AppStore End User License Agreement.。
  2. Apple shall not be liable for any claim by you or any third party relating to your possession or use of the Application, including, but not limited to:
    1. Product Liability Complaint
    2. Complaint that this application does not meet statutory or regulatory requirements.
    3. Complaint under the Consumer Protection Act or similar laws and regulations.
    4. A claim by you or a third party that the Application or your use of the Application infringes on your or a third party's intellectual property.
  3. You acknowledge that Apple is under no obligation to provide maintenance or support services for the Application.
  4. This application is provided by Nissin Denki Kohsaku Co., Ltd, with its branch office at 205 AIOS Gotanda Annex, 1-7-11 Higashi-Gotanda, Shinagawa-ku, Tokyo, Japan. For inquiries about this application, please contact us through the inquiry form on the official website.
  5. You represent and warrant that you do not reside in a country subject to a U.S. government embargo or a country designated by the U.S. government as a state sponsor of terrorism, and that you are not on any U.S. government prohibited or restricted list.
  6. You agree that Apple and its subsidiaries are third party beneficiaries of the Terms of Use and that Apple has the right (and shall be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary by your acceptance of the terms of the Terms of Use.

Established on March 24, 2022