Terms of Service
Article 1 (Purpose, Applicability, and Agreement of the Terms)
1. These Terms of Service (hereinafter referred to as "the Terms") establish the conditions for using the following applications and websites (hereinafter collectively referred to as "the Services") provided by UT app (hereinafter referred to as "we" or "us"):
- ShortMemo
- Earphone Alarm (ver.2.0.0 and later)
- Official Website
2. Users of the Services agree to comply with the stipulations set forth in the Terms. If you do not agree to the Terms, you may not use the Services.
3. We may create additional provisions, deletions, or special conditions for the Terms, or establish separate rules and policies (hereinafter referred to as "Individual Terms") regarding the Services. Regardless of their title, these Individual Terms form a part of the Terms.
4. In the event of a conflict between the Terms and any Individual Terms, unless explicitly stated otherwise in the Individual Terms, the Individual Terms shall take precedence over the Terms.
Article 2 (Prohibited Matters)
When using the Services, the User shall not:
1. Engage in activities that violate, or risk violating, laws and regulations
2. Engage in activities that are against public order and morals, or risk being so
3. Infringe upon, or risk infringing upon, the property, reputation, privacy, or intellectual property rights of us or a third party
4. Place a burden on our servers or network, or risk doing so
5. Use or provide harmful computer viruses or other harmful programs
6. Attempt unauthorized access or gain unauthorized access
7. Collect or accumulate personal data about other users
8. Use the Services for illicit purposes
9. Interfere with the smooth operation of the Services, or risk doing so
10. Directly or indirectly provide benefits to antisocial forces in connection with the Services
11. Advertise, market, solicit, or engage in business activities on the Services without our consent
12. Modify, copy, or redistribute the Services or its source code without our consent
13. Engage in any other activities that we deem inappropriate
Article 3 (Exclusion of Anti-Social Forces)
1. The User represents and warrants that he/she does not, and will not in the future, fall under any of the following:
1. the User (including its own officers in the case where the User is a corporation or any other type of organization.) is an organized crime group, a member of an organized crime group, a person for whom five years have not yet passed from the time when such person ceased to be 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 racketeer, a group engaging in criminal activities under the pretext of conducting social campaigns, a crime group specialized in intellectual crimes, or any other person equivalent thereto (hereinafter collectively referred to as "Organized Crime Group Member, etc.")
2. If the User is a corporation or any other type of organization, the User has any relationship in which an Organized Crime Group Member, etc. is deemed to either have control over or be substantially involved in the management of the User.
3. if the User is a corporation or any other type of organization, any of its officers or persons who are substantially involved in its management have relationship with an Organized Crime Group Member, etc. which should be socially criticized
4. the User has relationship in which the User is deemed to make use of an Organized Crime Group Member, etc., such as engaging in transactions for the purpose of wrongful interests of the User or a third party or causing damage to a third party
5. the User has relationship in which the User is deemed to provide the funds, etc. or give benefits to an Organized Crime Group Member, etc.
2. The User warrants that it will not conduct or cause a third party to conduct any of the following acts:
1. act of a violent demand
2. act of an unreasonable demand beyond legal responsibility
3. use of intimidation or violence in relation to transactions
4. act that damages our credit or obstructs our business by spreading false rumors, using fraudulent means, or employing force
5. any other act equivalent to any of the preceding
Article 4 (Restrictions on Use of the Services)
1. We reserve the right to restrict the use of all or part of the Services, or to cancel a user's registration without prior notice if the user falls under any of the following categories:
1. Violation of any provision of the Terms
2. Discovery of falsehoods in the registered information
3. Non-performance of obligations for payment of fees or charges
4. Failure to respond within a certain period to communications from us
5. Any other circumstances where we deem the use of the Services to be inappropriate
2. We shall not bear any responsibility for damages incurred by the user as a result of actions taken by us under the Terms.
Article 5 (Preparation of the Usage Environment)
Users shall, at their own expense and responsibility, prepare and maintain the necessary environment for using the Services, including equipment, software, and means of communication. We shall not bear any responsibility whatsoever for the inability of the user to use the Services due to failure in preparing or maintaining the usage environment.
Article 6 (Addition, Modification, Interruption, and Termination of the Services)
1. We reserve the right to add, modify, interrupt, or terminate all or part of the Services without prior notice to the User.
2. We may modify, interrupt, or terminate all or part of the Services without prior notice to the User under the following conditions:
1. In cases where it is difficult to provide the Services due to force majeure, including but not limited to natural disasters like earthquakes and tsunamis, fires, infectious diseases, riots, or acts of war.
2. When periodic or emergency maintenance, inspection, or updates to the equipment or system necessary for the provision of the Services are conducted.
3. In the event of an interruption in telecommunications provided by telecommunications carriers or malfunction of the equipment, systems, online services, or lines required for this Service.
4. In other cases where we judge that it is necessary to interrupt the Service for operational or technical reasons, or where providing each service becomes difficult.
3. We shall not be responsible for any disadvantage or damage suffered by the User or any third party due to the addition, modification, interruption, or termination of the Services.
Article 7 (Handling of Personal Data)
We will handle personal data collected from users in the provision of the Services in accordance with our Privacy Policy.
Article 8 (Disclaimers)
1. We do not explicitly or implicitly warrant that the Services are free from de facto or legal flaws (including, but not limited to, defects, errors, or bugs related to safety, reliability, accuracy, completeness, efficacy, fitness for a particular purpose, and security).
2. We shall not be liable for any damages incurred by the User arising out of the Services, except in cases of our intentional misconduct or gross negligence. However, this disclaimer shall not apply if the contract between us and the User regarding the Services (including the Terms) is considered a consumer contract under the Consumer Contract Act.
3. Even in cases stipulated in the proviso of the preceding article, we shall not be liable for any damages suffered by the User due to our negligence or unlawful conduct that arise from special circumstances(including the cases where either we or the User foresaw or could have foreseen the occurrence of the damage). Furthermore, any compensation for damages suffered by the User due to our negligence or unlawful conduct shall be limited to the amount received from the User in the month in which the said damage occurred.
4. We shall not be liable for any transactions, communications, or disputes that arise between the User and other users or third parties in relation to the Services.
Article 9 (Prohibition of Transfer of Rights and Obligations)
Users shall not transfer their status under the Terms or any rights or obligations arising from the Terms to a third party, nor may they provide them as collateral, without prior consent from us.
Article 10 (Validity of the Terms and the Individual Terms)
If any provision of the Terms and the Individual Terms is found invalid, the validity of the remaining provisions of the Terms and the Individual Terms shall not be affected in any way.
Article 11 (Amendments to the Terms)
1. We reserve the right to change the Terms without prior notice to the User under the following conditions:
1. When the change in the Terms aligns with the general interests of the User
2. When the change does not contradict the objectives of the Terms and is considered reasonable based on the necessity for the change, the fairness of the new terms, and other related circumstances
2. Unless otherwise specified by us, changes to the Terms will become effective upon their posting on our official website.
3. If the User continues to use the Services after the changes to the Terms take effect, the User is deemed to have agreed to all changes to the Terms.
Article 12 (Governing Law and Jurisdiction)
1. The solo and only governing language of the Terms shall be Japanese.
2. The Terms shall be governed by and construed in accordance with the laws of Japan without reference to principles of conflict of laws.
3. Any dispute arising out of or in connection with the Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance.