Terms of Service

These Danitori App Terms of Service (the “Terms”) set forth the conditions for the provision of the Danitori App (the “Service” as defined in Article 1, Paragraph 1) provided by NIKKAKU LABORATORY CO., LTD.(the “Company”) and the rights and obligations between the Company and a User (as defined in Article 1, Paragraph 7).

Before using the Service, please read the entire text of these Terms before agreeing to these Terms.

Article 1 (Definitions)

1. The definitions of the terms used in the Terms are as set forth below.

• (1) “Service” means the Danitori App managed and operated by the Company.
• (2) “App” means the application program made available by the Company through app stores, including the App Store and Google Play, for the purpose of providing the Service.
• (3) “Company Website” means the websites managed and operated by the Company whose domains include “nikkaku” and “danitori” (if such domains are changed by the Company, the domains after such change shall apply).
• (4) “Service Agreement” means the agreement concerning the Service entered into between the Company and a User with these Terms as the content of the agreement.
• (5) “Registered Information” means information concerning a User that the User has provided to the Company in connection with registration for or use of the Service.
• (6) “Applicant” means an individual who wishes to use the Service and who applies, or intends to apply, for registration.
• (7) “User” means an Applicant whose registration as a user of the Service has been approved by the Company pursuant to the provisions of Article 4 (Registration).
• (8) “Content” means text, images, videos, audio, and other data.
• (9) “Input Data” means data uploaded to the Service by a User.
• (10) “Intellectual Property Rights” means copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the rights to acquire such rights or to apply for registration, etc. of such rights).
• (11) “Personal Information” means personal information as defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information (the “APPI”).

Article 2 (Application)

1. These Terms are intended to set forth the conditions for the provision of the Service and the rights and obligations between the Company and a User concerning the use of the Service, and shall apply to all relationships between a User and the Company concerning the use of the Service.

2. Any conditions, and the like. concerning the use of the Service that the Company posts on the App or the Company Website shall constitute a part of these Terms. In the event of any conflict or inconsistency between the content of these Terms and the content of such conditions, etc., these Terms shall prevail unless otherwise specifically reserved in such conditions, etc.

Article 3 (Amendments to the Content, etc. of these Terms)

1. The Company may amend the content of these Terms, the usage fees for the Service, and other matters (hereinafter collectively referred to as the “Content, etc. of these Terms”) where there are grounds such as changes in the circumstances relating to the Service or in social and economic conditions, changes in tax systems or laws and regulations, or other changes in various circumstances.

2. When amending the Content, etc. of these Terms, the Company shall inform the User of the amended Content, etc. of these Terms by displaying it on the App or the Company Website or by giving notice by a method prescribed by the Company. The amended Content, etc. of these Terms shall apply from the effective date specified at the time of such announcement.

Article 4 (Registration)

1. An Applicant may apply to the Company for registration to use the Service by agreeing to comply with these Terms and providing the Registered Information to the Company by a method prescribed by the Company.

2. The Company shall determine whether or not to approve the registration of an Applicant in accordance with the criteria set forth in Paragraph 4 of this Article, and where the Company approves the registration, it shall notify such Applicant to that effect by a method prescribed by the Company. The registration of the Applicant as a User shall be deemed completed upon the Company giving the notice under this paragraph.

3. Upon completion of the registration set forth in the preceding paragraph, a Service Agreement with these Terms as its content shall be formed between the User and the Company, whereupon the User may use the Service in accordance with these Terms.

4. The Company may refuse the registration of an Applicant for the Service when the Applicant falls under any of the following items, and the Company shall not be obligated to disclose the reasons therefor.

• (1) When all or part of the Registered Information provided to the Company contains falsehoods, errors, or omissions
• (2) When the Applicant is a minor, an adult ward, a person under curatorship, or a person under assistance (as those terms are used in the Civil Code of Japan), and has not obtained the consent, etc. of a legal representative, guardian, curator, or assistant
• (3) When the Company determines that the Applicant or a person equivalent thereto is an organized crime group, a company affiliated with an organized crime group, a corporate racketeer (sokaiya), or a person equivalent to any of the foregoing, or a member thereof (collectively, the “Antisocial Forces”), or is a party related to a corporation, etc. in whose management Antisocial Forces are substantially involved
• (4) When the Company determines that the Applicant has any interaction or involvement with Antisocial Forces, such as cooperating with or being involved in the maintenance, operation, or management of Antisocial Forces through the provision of funds or otherwise
• (5) When the Applicant has in the past breached an agreement entered into with the Company, including a Service Agreement, or where the Company reasonably determines, based on reasonable grounds, that the Applicant is a party related to such a person
• (6) When the Company reasonably determines, based on reasonable grounds, that the Applicant has engaged in, or is likely to engage in, any of the acts set forth in the items of Article 20 (Prohibited Acts)
• (7) When the Applicant has in the past been subject to any of the measures set forth in Article 22 (Suspension of Use and Termination by the Company)
• (8) In addition to the foregoing items, when the Company determines, in a reasonable manner and based on reasonable grounds, that registration is not appropriate.

Article 5 (Notices from the Company, Changes to Registered Information by the User, etc.)

1. Notices given by the Company to the User in connection with the Service shall be given by displaying them in the App or on the Company Website, the method of sending them to the contact details registered by the User as Registered Information (including email addresses), or any other method prescribed by the Company. Unless otherwise provided in these Terms, such notices shall be deemed to have reached the User at the time they ordinarily should have reached the User.

2. When any change arises in the Registered Information, the User shall notify the Company of such change to the Registered Information without delay by a method prescribed by the Company.

3. Even when a User or a third party suffers damage or disadvantage as a result of the User’s failure to make the notification set forth in the preceding paragraph, the Company shall not be liable except when there is willful misconduct or negligence on the part of the Company.

4. The Company may verify the accuracy of the Registered Information and request the User to provide additional information, and the User shall consent thereto in advance.

Article 6 (Account)

1. The User shall set the user ID and password for the Service ( the “Account”) at the User’s own responsibility.

2. The User shall, at the User’s own responsibility, strictly manage the Account for the Service, and shall not allow any third party to use the Account, whether by lending, transfer, sale, or any other means.

3. The User shall immediately report to the Company where the User determines that the User’s own Account is likely to impede the Company’s provision of the Service, including when the User discovers that a third party is using the User’s own Account without authorization.

4. The Company may deem any use of the Service conducted through an Account to have been conducted by the User to whom such Account belongs.

5. The User to whom an Account belongs shall bear liability for any damage arising from inadequate management of the Account, errors in its use, use by third parties, or the like, and the Company shall not be liable except when there is willful misconduct or negligence on the part of the Company.

Article 7 (Provision of the Service)

1. For more detailed information on the content, functions, etc. of the Service, please refer to the “How to Use” page in the App and other pages related to the Service.

2. The Company may, at its own discretion and without prior notice, add to, change, delete, or otherwise modify the domain, content, functions, etc. of the Service at any time.

3. The Company grants the User a non-exclusive and non-transferable right to use the Service, on the condition that the User complies with these Terms.

4. The Service may include services that use APIs, OSS, or libraries provided by third parties (the “Third-Party APIs, etc.”). The User agrees, with prior understanding, that changes may occur to the Service due to changes in specifications, suspension, discontinuation, or the like of Third-Party APIs, etc., and that part or all of the Service may become unavailable as a result.

5. The User may elect to make certain Input Data available to other Users. The choice to make such Input Data public shall be made at the User’s own responsibility.

6. Notwithstanding the preceding paragraph, the User acknowledges and agrees that the Company may, at its own discretion, make certain Input Data available to other Users even in the absence of any election by the User.

7. The User shall not enter personal information such as the User’s own name in the “Pen Name” field among the “Profile” registration items.

Article 8 (License to Use the App)

1. In order to use the Service, the User must use the App. The User may download and install the App free of charge from application stores such as the App Store and the Google Play store.

Article 9 (Third-Party Services, etc.)

1. When the User uses services, etc. provided by third parties, such as SNS (the “Third-Party Services, etc.”), through the Service, the User shall separately comply with the terms of use and other provisions prescribed by such third parties.

2. The Company shall not be liable for any damage incurred by a User arising from the User’s use of Third-Party Services, etc., disputes between the User and such third parties, or the like, except where there is willful misconduct or negligence on the part of the Company.

Article 10 (Entrustment)

1. The Company may entrust all or part of the operations relating to the provision of the Service to third parties without the consent of the User. In such cases, the Company shall responsibly manage and supervise the third parties to which such operations are entrusted.

Article 11 (Terminal Devices and Telecommunications Lines)

1. The terminal devices used by the User and the telecommunications lines connecting such terminal devices to the App or the Company Website shall be secured and maintained at the User’s own responsibility and expense.

2. The User shall bear all communication costs necessary for using the Service.

Article 12 (Management of Personal Information)

1. The Company shall handle the User’s personal information appropriately in accordance with the Company’s privacy policy.

Article 13 (Intellectual Property Rights in the Service)

1. All Intellectual Property Rights in the tangible and intangible components constituting the App, the Company Website, and any other part of the Service (including software programs, databases, icons, images, text, related documents such as manuals, and all other Content, but excluding Input Data) shall belong to the Company or to third parties that have licensed their use to the Company.

Article 14 (Intellectual Property Rights in Input Data and Rules)

1. Intellectual Property Rights arising in Input Data shall belong to the User or other third party who created such Input Data, except for those rights that belonged to the Company or to third parties that have licensed their use to the Company prior to the User’s creation of the Input Data.

2. The User grants the Company a royalty-free and irrevocable right of use (including the right to grant sublicenses), without limitation as to territory or duration, for the Company to use and utilize the Input Data (including secondary use) for the following purposes.

• (1) The purpose of verifying acts that violate these Terms
• (2) The purpose of promoting the Service, the Company’s services other than the Service, and the Company’s products
• (3) The purpose of changing the specifications of, maintaining, and improving the Service
• (4) The purpose of using and modifying the Input Data in the planning and operation of the Service and in new development
• (5) For analysis and research necessary for the development of new services

3. The User shall not exercise moral rights of authors with respect to the Company’s use and utilization set forth in the preceding paragraph.

4. Where the Input Data includes rights of third parties other than the User, the User shall obtain the consent of such third parties for posting such Input Data.

5. The User shall not include any of the following in the Input Data.

• (1) Content that damages the honor or credibility of the Company or other Users
• (2) Content that promotes discrimination, prejudice, racism, hatred, harassment, or infringement against individuals or organizations
• (3) Content including direct depictions of acts that arouse sexual feelings
• (4) Content that is violent or threatening, or that promotes violent or threatening acts against others
• (5) Content that infringes Intellectual Property Rights, portrait rights, privacy, or other rights of third parties (including derivative works)
• (6) Trade secrets or other information not generally available to the public
• (7) Content that is fraudulent, false, deceptive, or misleading
• (8) Content relating to prostitution or child prostitution
• (9) Content that solicits dating with the opposite sex, responds to solicitations for dating with the opposite sex, or brokers information concerning dating with the opposite sex
• (10) Content containing computer viruses
• (11) Content contrary to public order and morals
• (12) Content that violates laws and regulations or promotes acts that violate laws and regulations
• (13) In addition to the foregoing items, where the Company determines, in a reasonable manner and based on reasonable grounds, that the content is not appropriate in light of the purpose of the Service.

6. The Company may change, excise, or otherwise modify Input Data to the extent necessary for the smooth provision of the Service and for the construction, improvement, maintenance, etc. of the Company’s systems.

7. When the Company reasonably determines, based on reasonable grounds, that Input Data violates Paragraph 4 or Paragraph 5 of this Article or any other provision of these Terms, the Company may delete such Input Data without prior notice.

8. The Company may make part of the Input Data available to the public on the App. The User consents in advance to the fact that the Input Data may be made public.

Article 15 (No Warranty regarding the Service or the App)

1. The Company does not warrant that the Service or the App will meet the User’s specific purpose of use or achieve any specific result.

2. The Company does not warrant that the Service or the App can be used properly outside Japan.

3. The Company does not warrant that the Service or the App can be used satisfactorily on every OS, web browser, or application version on the terminal used by the User, and the Company is under no obligation to conduct operation verification, improvement, or other measures in order to provide such a warranty. Furthermore, the Company does not warrant that no failure will occur in the Service or the App as a result of using the Service or the App in an environment other than the recommended or supported operating environments for the Service or the App, or as a result of failing to update the version of the OS, web browser, or the App.

4. The Company does not warrant that the Service or the App will be free from interruption, suspension, or other failures.

5. The Company will use its best efforts to ensure that no bugs, etc. exist in providing the Service or the App; however, the Service and the App are provided on an “as-is” basis, and the Company does not warrant the absence of bugs or defects in the Service or the App.

6. The results determined by the Service (the number of mites, the species of mites, and the mite contamination level) are merely a guide, and the Company does not warrant that such determination results are accurate.

Article 16 (Damages and Injunction)

1. Where a User engages in an act contrary to the provisions set forth in these Terms, the Company may enjoin such act of the User. When such act causes damage to the Company or a third party, the User shall be liable to compensate for such damage.

Article 17 (Disclaimer of the Company and Limitation of Damages)

1. The Company shall be liable for the Service only to the extent limited in accordance with each provision of these Terms. The Company shall not be liable for matters that the Company does not warrant under any provision in these Terms, matters for which the Company disclaims liability thereunder, or matters for which the User is responsible thereunder, except when there is willful misconduct or negligence on the part of the Company. Even when a User suffers damage in connection with the Service, the Company shall not be liable except when there is willful misconduct or negligence on the part of the Company.

2. When a User suffers damage in connection with the Service due to the Company’s negligence (excluding gross negligence), the Company shall be liable only for direct and ordinary damage actually incurred by the User, regardless of the cause of action, whether default, tort, or otherwise, The amount of such compensation shall not exceed 10,000 yen.

Article 18 (Suspension of the Service)

1. The Company may temporarily suspend the Service periodically or as necessary for maintenance work or other purposes relating to the Service.

2. Where the Company suspends the Service, the Company shall notify the User in advance to that effect. However, in cases of emergency, the Company may suspend the Service without prior notice and shall promptly notify the User after the fact.

3. In addition to the cases set forth in Paragraph 1, the Company may also temporarily suspend the Service where the Company determines that the continuation of the Service is likely to cause serious hindrance to the User due to obstructive acts by third parties or the like, or where there are other unavoidable grounds.

Article 19 (Discontinuation of the Service)

1. The Company may discontinue all or part of the Service at any time.

2. When the Company discontinues all or part of the Service, the Company shall notify the User in advance.

Article 20 (Prohibited Acts)

1. In using the Service, the User shall not engage in any of the following acts.

• (1) Acts that violate, or are likely to violate, laws and regulations or these Terms
• (2) Acts contrary to public order and morals
• (3) Acts that infringe the Intellectual Property Rights, portrait rights, privacy, honor, or other rights of the Company or third parties
• (4) Acts of defaming the Company or other Users, or of obstructing the provision or use of the Service
• (5) Unlawful or improper viewing, acquisition, alteration, or disclosure of the Personal Information or other data of other Users, or other acts equivalent thereto
• (6) Following or stalking other Users against their will
• (7) Impersonating other Users or improperly holding oneself out as being related to other Users
• (8) Acts that exploit bugs or malfunctions of the Service
• (9) Acts that obstruct, or are likely to obstruct, the provision of the Service
• (10) Unauthorized access to, cracking of, or imposing excessive loads on the hardware or software constituting the App or any other part of the Service, or other acts that interfere with the systems used to provide the Service
• (11) Reverse engineering of the software constituting the App or any other part of the Service, attempting to obtain the source code thereof, or other acts of analyzing the systems used to provide the Service
• (12) Entering Personal Information such as the User’s own name in the “Pen Name” field among the Profile registration items
• (13) In addition to the foregoing items, when the Company determines, in a reasonable manner and based on reasonable grounds, that the act is not appropriate for a User of the Service

Article 21 (Term of the Service Agreement)

1. The Service Agreement takes effect upon its formation pursuant to Article 4 (Registration), Paragraph 3, and continues in effect for an indefinite period until any of the events set forth in the following paragraph occurs.

2. The Service Agreement terminates at the time any of the following occurs:

• (1) the User completes the withdrawal procedure by the method prescribed by the Company;
• (2) the Company discontinues the provision of the Service pursuant to Article 19 (Discontinuation of the Service); or
• (3) the Company terminates the Service Agreement pursuant to Article 22 (Suspension of Use and Termination by the Company).

3. The User acknowledges and agrees that uninstalling the App alone does not terminate the Service Agreement, and that the withdrawal procedure set forth in item (1) of the preceding paragraph is required.

Article 22 (Suspension of Use and Termination by the Company)

1. When the Company determines that a User falls under any of the following items, the Company may suspend the provision of the Service or terminate all or part of the Service Agreement without prior demand to the User.

• (1) When the User has engaged in an act that may hinder the Company’s business
• (2) When the User has violated laws, ordinances, or other rules, etc., or these Terms or the Service Agreement
• (3) When the User has been subject to attachment, provisional attachment, provisional disposition, disposition for failure to pay taxes, or any other disposition by a public authority with respect to material assets, or where a petition has been filed for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, or corporate reorganization proceedings, or for the commencement of special liquidation
• (4) When the Company determines, in a reasonable manner and based on reasonable grounds, that any of the grounds set forth in the items of Article 4 (Registration), Paragraph 4 or the items of Article 20 (Prohibited Acts) exists

2. In addition to the cases set forth in the preceding paragraph, when grounds attributable to a User arise that make it difficult to continue providing the Service to such User, and the User fails to remedy such grounds within 14 days despite the Company’s demand to remedy them, the Company may terminate all or part of the Service Agreement.

Article 23 (Handling after Termination of the Service Agreement)

1. Upon termination of the Service Agreement, the User shall immediately cease using the Service, regardless of the reason for termination.

2. Upon termination of the Service Agreement, the Company may delete data concerning the User, regardless of the reason for termination.

3. The Company shall not be liable for any damage incurred by a User as a result of the deletion of data concerning the User pursuant to this Article.

4. Even after the termination of the Service Agreement, the provisions of Article 12 (Management of Personal Information), Article 13 (Intellectual Property Rights in the Service), Article 14 (Intellectual Property Rights in Input Data and Rules), Article 15 (No Warranty regarding the Service or the App), Article 16 (Damages and Injunction), Article 17 (Disclaimer of the Company and Limitation of Damages), this Article, Article 25 (Severability), Article 26 (Force Majeure), Article 27 (Exclusion of Antisocial Forces), and Article 29 (Governing Law and Jurisdiction) shall survive and remain in effect.

Article 24 (Assignment, etc. of Status under the Service Agreement)

1. The User shall not, without the prior written consent of the Company (including consent by electronic or magnetic records), cause a third party to succeed to the User’s status under the Service Agreement, or assign, cause succession to, or provide as security all or part of the User’s rights and obligations under the Service Agreement to or for the benefit of any third party.

2. Where the Company transfers the business relating to the Service to another company, the Company may, in connection with such business transfer, assign to the transferee of such business transfer its status under the Service Agreement, its rights and obligations under these Terms, and the User’s Registered Information and other information concerning the User, and the User shall consent in advance to such assignment. The business transfer set forth in this paragraph shall include company splits and all other cases in which the business is transferred.

Article 25 (Severability)

1. Even if any provision of these Terms or any part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and the remaining portions of any provision determined to be partially invalid or unenforceable shall continue in full force and effect.

Article 26 (Force Majeure)

1. The Company shall not be liable for any damage or disadvantage incurred by a User due to force majeure where the performance of the Service is hindered by natural disasters (including, but not limited to, typhoons, tsunamis, earthquakes, wind and flood damage, lightning, and salt damage), cyberattacks, fire, infectious diseases, contagious diseases, epidemics, pollution, war, riots, civil commotion, acts of terrorism, strikes, the enactment, amendment, or repeal of laws and regulations, orders or dispositions by public authorities or other governmental acts, labor disputes, accidents involving transportation, communication lines, or the like, failure of the infrastructure necessary for the provision of the Service, or any other event of force majeure.

Article 27 (Exclusion of Antisocial Forces)

1. The User represents and warrants to the Company each of the following matters.

• (1) That neither the User, nor the User’s officers, nor persons equivalent thereto are Antisocial Forces, that they are not involved in any corporation, etc. in whose management Antisocial Forces are substantially involved, and that they will not fall under any of the foregoing in the future.
• (2) That the User is not involved with Antisocial Forces, such as by providing funds or other resources or conveniences to them, and is not entering into and performing the Service Agreement by allowing the User’s own name to be used by another.
• (3) That, during the term of the Service Agreement, the User will not, either itself or through a third party, engage in any of the following acts.
  • a. Acts of using threatening language or behavior or violence against the Company or other Users
  • b. Acts of obstructing the business of, or damaging the credibility of, the Company or other Users by fraudulent means or force

2. Where a User breaches the preceding paragraph, the Company may immediately terminate the Service Agreement in its entirety without any demand, and in such case, the Company shall not be liable to compensate the User for any damage.

Article 28 (Consultation)

1. Where any objection or doubt arises concerning the interpretation of these Terms, or where any matter not provided for in these Terms arises, the Company shall consult with the User in good faith and seek an amicable resolution thereof.

Article 29 (Governing Law and Jurisdiction)

1. Matters concerning these Terms and the Service Agreement shall be governed by the laws of Japan, and with respect to all disputes arising between a User and the Company out of or in connection with the Service, the App, these Terms, or the Service Agreement, the court having jurisdiction over the location of the Company’s head office shall be the exclusive agreed court of first instance.