Notice

This document has been translated into English for your convenience. The Japanese version is the original and official document. In the event of any discrepancies between the Japanese and English versions, the Japanese version shall prevail.

JINS ASSIST App Terms of Use

These JINS ASSIST App Terms of Use (these "Terms of Use") set forth the terms and conditions for when the customer (the "User") downloads to the User’s device (the device on which the App is downloaded shall hereinafter be referred to as the "User Device") and uses the JINS ASSIST App (the "App") provided by JINS Inc. ("JINS"). These Terms of Use apply to the entirety of the App. The User shall use the App after agreeing to these Terms of Use as the contents of the agreement. The App may have restrictions on the countries and regions where it can be downloaded or updated.

Article 1 (These Terms of Use)

1. In order for the User to use the App, the User will need to read and fully understand the contents of these Terms of Use and agree to them.
2. If the User is a minor, please obtain the consent of a person with parental authority before using the App.
3. The User shall use the App in compliance with these Terms of Use.

Article 2 (Use of the App)

1. There is no charge for using the App. However, the User shall bear any communication fees incurred in using the App.
2. In using the App, the User shall, at their own responsibility and expense, prepare JINS ASSIST (hereinafter "the Device") which works with the App, as well as the necessary communication equipment, operating system, means of communication, etc.
3. The User shall use the App in accordance with the App usage method described on the JINS ASSIST official manual site.

Article 3 (Precautions Regarding Use)

The App and the Device are not intended for use in the diagnosis, treatment, rehabilitation, or prevention of any disease. If the User has any concerns or questions regarding their physical symptoms in connection with the use of the App and the Device, they should consult a doctor or other specialist at their own responsibility.

Article 4 (Intellectual Property Rights Concerning the App)

The App is protected by the copyright laws and treaties concerning copyrights in Japan and relevant countries, as well as by other laws and treaties concerning intellectual property rights, and such rights belong to JINS or the rights holders having lawful rights. JINS and the rights holders having lawful rights do not transfer or license to the User any copyrights, patent rights, trademark rights or other intellectual property rights regarding the App, beyond the extent necessary for the use of the App.

Article 5 (Prohibited Matters)

The following acts are prohibited in regard to the use of the App:

• Acts that violate laws or public order and morals.
• Acts that infringe upon the honor, trust, rights, or property of JINS or a third party.
• Acts that threaten the security of the App, such as transmitting computer viruses or other unauthorized information.
• Deleting, altering, reverse engineering, decompiling, disassembling the App, or similar acts.
• Communication interference, communication interception, server intrusion, or other acts that place an excessive burden on the server.
• Publicly transmitting, distributing, transferring, lending, or licensing all or part of the App to a third party, whether for a fee or free of charge.
• Developing or providing services similar to the App using the App or intellectual property rights related to the App.
• Acts that interfere with the operation or use of the App, or are likely to do so.
• Acts that violate these Terms of Use and guidelines, etc., regarding the use of the App.
• Any other acts that JINS deems inappropriate.

Article 6 (Measures in Case of Violation of These Terms of Use)

1. If JINS reasonably determines that the User has violated these Terms of Use, JINS may immediately demand that the said User cease using the App.
2. If JINS incurs damages due to the User's violation of these Terms of Use, or due to illegal or unlawful acts by the User, JINS may demand that the User cease such acts and claim compensation for the damages suffered by JINS.

Article 7 (User's Representations and Warranties)

The User represents and warrants that they recognize the possibility that the App may be subject to export controls under the export regulations of the U.S. Department of Commerce or similar laws or regulations of Japan, the EU, or other relevant countries. Furthermore, the User represents and warrants that they will not take the App and related technical data or technical information (including but not limited to all technical information, software, drawings, instruction manuals, data, documents, etc.) received from JINS out of the User's country or provide them to a third party outside the country without obtaining a valid export license required by said laws and regulations.

Article 8 (Disclaimer)

1. JINS provides the App to the User "as is" and makes no warranties whatsoever to the User regarding the App and services incidental to the App, including but not limited to the following:

• That the App will operate accurately under any User's usage environment or that all functions will be demonstrated.
• That the App is suitable for the User's specific purpose, is useful, and has commercial utility.
• That the judgments and all other displays of the App are always accurate.
• That no data loss or any other defects or problems will occur with respect to the App due to updates to the User Device's OS, the Device's firmware, apps, etc.
• That the App will always function correctly for all Users and satisfy sufficient quality.
• That no defects, malfunctions, or failures will occur in the User Device or other equipment due to the use of the App.
• That the App will be available permanently, and that the functions and performance at the time of commencement of use will be maintained.
• That there will be no interruptions or errors in the use of the App.
• That e-mails, etc., transmitted in connection with the App do not contain harmful items such as computer viruses.
• That the provision of the App and services incidental to the App does not infringe upon the rights or interests of a third party, or that no claim of infringement will be made.

1. Except in cases of JINS's willful misconduct or gross negligence, or where these Terms of Use fall under a consumer contract as stipulated in Article 2, Paragraph 3 of the Consumer Contract Act, JINS shall not be liable for any direct damages, indirect damages, incidental/consequential damages, special damages, lost profits, or other damages (regardless of foreseeability) incurred by the User arising from the User's use of the App or the inability to use or the malfunction of the App.
2. Even if JINS is liable for damages in connection with the provision of the App, the amount thereof shall, regardless of the cause of the claim, be limited to the highest of the purchase price of the App, the amount of usage fees received in the month in which such damage occurred, or 100 yen. However, this shall not apply if JINS has willful misconduct or gross negligence.

Article 9 (Suspension of Operation)

1. If a defect, etc., is discovered in the system operating the App, if maintenance and inspection of said system are to be performed, if the operation of the App becomes difficult due to force majeure such as earthquake, lightning, fire, flood, natural disaster, war, terrorism, or other reasons for which JINS is not at fault, or in other cases where JINS deems it necessary, JINS may suspend all or part of the operation of the App without prior notice to the User.
2. JINS shall not be liable for any damages incurred by the User due to the suspension of the App's operation pursuant to this paragraph. JINS may, at its discretion and after prior notification to the User, suspend or discontinue all or part of the operation of the App (examples include, but are not limited to, suspension or discontinuation of the App's operating business, assignment to a third party, or suspension or discontinuation due to company split, share exchange, share transfer, dissolution, etc.). JINS shall not be liable for any damages incurred by the User due to the suspension or discontinuation of the App's operation pursuant to this paragraph.

Article 10 (Suspension of Use)

1. If a defect or the possibility of infringement of a third party's rights or interests is discovered in the App, or in other cases where JINS deems it necessary, JINS may request the User to suspend use of the App. In such cases, the User shall promptly comply with the suspension of use of the App. Damages incurred by the User due to the suspension of use of the App pursuant to this paragraph shall be governed by Article 8, Paragraphs 2 and 3.
2. The User may suspend use of the App at any time by uninstalling, discarding, or deleting the App.

Article 11 (Exclusion of Anti-Social Forces)

1. The User represents and warrants that they do not fall under the category of organized crime groups, members of organized crime groups, quasi-members of organized crime groups, companies affiliated with organized crime groups, corporate racketeers, groups engaging in criminal activities under the guise of social movements, or groups specializing in intellectual crime, or any other equivalent entities (hereinafter collectively referred to as "Anti-Social Forces"), and that they have no direct or indirect relationship whatsoever with Anti-Social Forces, and covenants that this will remain true in the future.
2. The User covenants that they will not, by themselves or through a third party, engage in any of the following acts:

• Violent demands.
• Unreasonable demands exceeding legal liability.
• Threatening behavior or the use of violence in connection with transactions.
• Spreading rumors, or using fraudulent means or force to damage JINS's reputation or obstruct JINS's business.
• Any other acts equivalent to the preceding items.

Article 12 (Amendment of Terms)

1. JINS may, at its sole discretion, amend these Terms of Use in accordance with this Article. In such cases, JINS will announce the amended Terms of Use (hereinafter "New Terms of Use") and their effective date on the JINS ASSIST official manual site.
2. After the amendment of these Terms of Use pursuant to the preceding paragraph, it is necessary to agree to the New Terms of Use in order to use the App. The New Terms of Use shall become effective from the effective date set forth in the preceding paragraph. If the App is used after the amendment of these Terms of Use, the User shall be deemed to have agreed to the New Terms of Use.

Article 13 (Notification)

Notifications from JINS to the User shall be made by posting on JINS's official website.

Article 14 (Surviving Clauses)

Even after the provision of the App to the User is terminated, Article 4, Article 7, Article 8, Article 9, Article 10 Paragraph 1, and Article 17, as well as other provisions stipulating JINS's disclaimer, shall remain in full force and effect.

Article 15 (Severability)

Even if a part of these Terms of Use is declared invalid by law, court decision, or the like, the remaining parts shall continue to be valid and in effect.

Article 16 (Governing Law)

These Terms of Use and disputes concerning the App shall be governed by Japanese law.

Article 17 (Jurisdiction)

The Tokyo District Court shall be the exclusive agreed court of first instance for disputes concerning these Terms of Use and the App.