Terms of Use
These Terms of Use (hereinafter referred to as “Terms”) set forth the conditions for the provision of this service and the rights and obligations between our company and registered users. Before using this service, you must read the entire Terms and agree to them.
Article 1 (Application)
These Terms are intended to define the conditions for providing this service and the rights and obligations between our company and registered users regarding the use of this service, and shall apply to all relationships related to the use of this service between registered users and our company.
Rules regarding the use of this service posted on our website shall constitute part of these Terms.
If the content of these Terms differs from the rules or other descriptions of this service outside these Terms, the provisions of these Terms shall take precedence.
Article 2 (Definitions)
The following terms used in these Terms shall have the meanings set forth below:
1. “Service Use Agreement” means the agreement for the use of this service concluded between our company and the registered user based on these Terms.
2. “Intellectual Property Rights” means copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the right to acquire or apply for registration of such rights).
3. “Posted Data” means content (including but not limited to text, images, videos, and other data) posted or transmitted by registered users using this service.
4. “Company” means Medisense Inc.
5. “Company Website” means the website operated by our company with the domain “medisense-inc.co.jp” (including any changes to the domain or content for any reason).
6. “Registered User” means an individual or legal entity registered as a user of this service pursuant to Article 3.
7. “Service” means the services named Sleepa and Medisense provided by our company (including any changes to the name or content of the services for any reason).
Article 3 (Registration)
Applicants wishing to use this service (“Applicants”) may apply for registration by agreeing to comply with these Terms and providing certain information (“Registration Information”) as specified by our company.
Our company will determine whether to approve the registration based on our criteria and notify the applicant if approved. Registration is complete upon such notification.
Upon completion of registration, a Service Use Agreement is established between the registered user and our company, and the user may use the service in accordance with these Terms.
Our company may refuse registration or re-registration without disclosing the reason if the applicant:
1. Provides false, incorrect, or incomplete registration information.
2. Is a minor, adult ward, or person under guardianship without proper consent from a legal representative.
3. Is affiliated with antisocial forces or deemed to be involved with them.
4. Has previously violated a contract with our company or is related to such a person.
5. Has been subject to measures under Article 10.
6. Is otherwise deemed inappropriate for registration by our company.
Article 4 (Changes to Registration Information)
Registered users must promptly notify our company of any changes to their registration information using the method specified by our company.
Article 5 (Management of Password and User ID)
Registered users must manage their password and user ID responsibly and must not allow third-party use, transfer, or sale.
Our company is not liable for any damages resulting from inadequate management, misuse, or unauthorized use.
Article 6 (Fees and Payment Methods)
Registered users shall pay the usage fees displayed in the app using the payment method specified by our company.
Late payments will incur a late fee of 14.6% per annum.
Article 7 (Prohibited Conduct)
Registered users must not engage in the following acts or any acts deemed by our company to fall under these categories:
• Violations of laws or criminal acts.
• Fraud or threats against our company or others.
• Acts contrary to public order and morals.
• Infringement of intellectual property, privacy, or other rights.
• Transmission of harmful, offensive, or inappropriate content.
• Excessive load on the system.
• Interference with service operations.
• Unauthorized access.
• Impersonation.
• Use of another user’s credentials.
• Unauthorized advertising or solicitation.
• Collection of other users’ information.
• Causing harm or discomfort to others.
• Violations of service rules.
• Providing benefits to antisocial forces.
• Seeking encounters with strangers.
• Facilitating or encouraging any of the above.
• Any other acts deemed inappropriate by our company.
Article 8 (Suspension of Service)
Our company may suspend or interrupt the service without prior notice in the following cases:
• Emergency maintenance of systems.
• System failure due to accidents.
• Force majeure events such as natural disasters.
• Other cases deemed necessary by our company.
Our company is not liable for any damages resulting from such suspension.
Article 9 (Ownership of Rights)
All intellectual property rights related to the website and service belong to our company or its licensors.
Use of the service does not grant any rights to such intellectual property.
Users represent and warrant that they have the legal right to post data and that it does not infringe third-party rights.
Users grant our company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works, display, and perform the posted data.
Users also grant other users a non-exclusive license to use such data within the service.
Users agree not to assert moral rights against our company or its successors.
Article 10 (Deletion of Registration)
Our company may delete posted data, suspend service use, or cancel registration without prior notice if the user:
• Violates these Terms.
• Provides false registration information.
• Becomes insolvent or files for bankruptcy.
• Does not use the service for over six months.
• Fails to respond to inquiries for over 30 days.
• Falls under any of the conditions in Article 3, Paragraph 4.
• Is otherwise deemed inappropriate for continued use.
In such cases, users lose the benefit of term and must immediately pay all outstanding debts.
Our company is not liable for any damages resulting from these actions.
Article 11 (Withdrawal)
Users may withdraw from the service by notifying our company using the prescribed method.
Upon withdrawal, users lose the benefit of term and must immediately pay all outstanding debts.
Handling of user information after withdrawal is governed by Article 15.
Article 12 (Changes and Termination of Service)
Our company may change or terminate the service at its discretion.
In case of termination, users will be notified in advance.
Our company is not liable for any resulting damages.
Article 13 (Disclaimer)
Our company does not guarantee that the service will meet specific purposes, expectations, or legal compliance, nor that it will be free of defects.
We are not liable for any damages resulting from service interruption, data loss, or other issues.
Even if liability arises, compensation is limited to the amount paid by the user in the past 12 months.
We are not liable for indirect, special, future, or lost profit damages.
We are not responsible for disputes between users or third parties.
Article 14 (Confidentiality)
Users must keep confidential any non-public information disclosed by our company and designated as confidential, unless prior written consent is given.
Article 15 (Handling of User Information)
User information is handled in accordance with our Privacy Policy.
Users agree to the use and publication of anonymized statistical data derived from their information.
Article 16 (Changes to Terms)
Our company may change these Terms.
Users will be notified of changes, and continued use after notification constitutes agreement to the changes.
Article 17 (Communication and Notices)
All communications and notices between users and our company shall be conducted using methods specified by our company.
Article 18 (Transfer of Contractual Status)
Users may not transfer their contractual status or rights/obligations without prior written consent.
If our company transfers its business, contractual status, rights, obligations, and user information may be transferred to the transferee.
This includes mergers, splits, and other business transfers.
Article 19 (Severability)
If any provision is deemed invalid or unenforceable, the remaining provisions shall remain in full force.
Article 20 (Governing Law and Jurisdiction)
These Terms and the Service Use Agreement shall be governed by Japanese law.
Even if goods are sold through the service, the UN Convention on Contracts for the International Sale of Goods shall not apply.
All disputes shall be subject to the exclusive jurisdiction of the Osaka District Court.
