FiNC App Basic Terms and Conditions
The FiNC App Basic Terms and Conditions (henceforth referred to as "the Terms") establishes the conditions of usage of the app (henceforth referred to as "this app") that FiNC Technologies Inc. (henceforth referred to as "the Company") manages and offers. Each user must consent to the Terms in order to use this app.
This translation is provided for reference only. The use of this service will be governed by the Japanese terms and condition.
Article 1 (Application)
- 1. The purpose of the Terms is to establish the conditions under which this app is offered and the rights and obligations relationship between each customer using this app (henceforth referred to as each "user") and the Company in regard to usage of this app. The Terms applies to all relationships between any and all users and the Company pertaining to usage of this app.
- 2. The confirmations, notices, and guidelines displayed in this app as well as separate usage agreements (henceforth generally referred to as "separate usage agreements") for separate contents or services (henceforth referred to as "separate services") offered within the app are considered part of the Terms, and each user must confirm all separate usage agreements displayed while using the app.
- 3. If the Terms and separate usage agreements differ, the separate usage agreements have precedence.
- 4. By downloading and using this app, each user consent to all contents of the Terms and separate usage agreements (henceforth referred to as "the Agreements etc.").
Article 2 (Changes to The Agreements etc.)
- 1. The Company may freely modify the Agreements etc. without obtaining prior consent from any user.
- 2. The Company may delete accounts described in the previous paragraph that have not been accessed for a period of one year or longer without giving prior notification to the user.
- 3. If a user cannot agree to a modification of the Agreements etc., he/she must immediately uninstall this app from his/her own smart phone or other portable device (henceforth referred to as a "portable device").
- 4. Each user who uses this app after a modification of the Terms becomes effective thereby agrees with all contents of the modified agreement.
Article 3 (Usage of This Service by Minors)
- 1. A legal representative such as a parental authority must confirm and consent to the Agreements etc. if a minor is to use this app or this service.
- 2. If a minor user uses this app or this service without the consent of a legal guardian and falsely claims that consent was obtained, falsely claims that he/she is of age of majority and uses this app or this service, or engages in any other action pertaining to "any fraudulent means to induce others to believe that he/she is a person with capacity" (Civil Code Article 21), his/her juristic acts within this app or this service cannot be rescinded.
- 3. If a user was a minor at the time of using this app or separate services, and he/she continues to use this app or separate services after reaching age of majority, he/she thereby confirms all his/her juristic acts within this app or separate services.
Article 4 (Account Management)
- 1. If the Company gives a user an account, password, etc. for use in this app or separate services, that user is responsible for appropriately managing and protecting his/her account, password, etc., and may not lend, transfer, change the name of, or sell his/her account, password, etc., or otherwise allow the usage thereof by any third party.
- 2. If the account, etc. stipulated in the preceding paragraph is not accessed for a year or more, the Company may delete the account without advance notice to the user.
- 3. Each user is responsible for any damages incurred through mismanagement, usage mistakes, or usage by third parties of his/her account, password, etc., and exempts the Company from all liability thereof.
Article 5 (Termination of Usage Qualifications)
- 1. The Company will judge the qualifications of each user regarding usage of this app and separate services based on the Company's standards. The Company may refuse any user's usage of this app and/or separate services with no obligation for disclosure in any of the following cases.
- (1) If all or part of the application information submitted to the Company contains falsehoods, errors, or omissions
- (2) If a minor, an adult ward, a person under curatorship, or a person under assistance has not received permission from his/her legal guardian, adult guardian, curator, or assistant
- (3) If the user violates the Agreements etc.
- (4) If the user delays in paying or refuses to pay fees or other debts incurred in this app
- (5) If the Company judges that the user has in any way exchanged or been involved with a crime syndicate, crime syndicate member, right-wing organization, antisocial force, or other proportionate party (henceforth referred to as "antisocial force, etc."), or has maintained, managed, cooperated with, or participated in any antisocial force, etc. by providing funds, etc.
- (6) If the Company judges that the user violated or is related to someone who violated his/her contract with the Company in the past
- (7) If the Company judges that the user belongs to or is affiliated with a company or organization in competition with the Company
- (8) If the Company judges that the user belongs to or is affiliated with a company or organization identical or similar to the Company
- 2. The Company is not liable for any outcome of carrying out the measures stipulated in the preceding paragraph for refusal of usage of this app.
Article 6 (Treatment of Personal Information)
- 1. The Company will treat personal information acquired from each user appropriately according to the separately established "FiNC Privacy Policy".
- 2. Each user who uses this app and separate services consents to the Company's treatment of his/her personal information according to the "FiNC Privacy Policy".
- 3. The Company uses outside tools to investigate user trends in this app and to acquire and record statistical user information.
Article 7 (Secrecy of Communications)
- 1. The Company will protect the secrecy of user communications in accordance with Article 4 of the Telecommunications Business Act (Act No. 86 as of 1984).
- 2. The Company is exempt from the duty of secrecy established above in all of the following cases, within the scope specified for each case.
- (1) If a compulsory disposition or a court order is carried out in accordance with the Code of Criminal Procedure (Act No. 131 as of 1948) or the Act on Wiretapping for Criminal Investigation (Act No. 137 as of 1999), within the scope specified by the disposition or court order
- (2) If a compulsory disposition is carried out in accordance with the law, within the scope specified by the disposition or order
- (3) If the Company judges that the requirements for a disclosure request are met in accordance with Article 4 of the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders (Act No. 137 of November 30, 2001), within the scope of that disclosure request
- (4) If the Company judges it necessary for the protection of a person's life, person, or property, within the scope of necessity to protect that person's life, person, or property
Article 8 (Provision of This App, Etc.)
- 1. All rights (including but not limited to intellectual property rights such as copyrights, trademarks, and patents) regarding this app and separate services belong to the Company or third parties who have made license agreements with the Company.
- 2. The Company grants each user the right to use this app and separate services in accordance with the Agreements etc. No user may transfer or pass on the right to use this app and separate services to any third party.
- 3. Each user may browse the contents of this app and separate services for personal use only, and must not allow unspecified large numbers of people to browse those contents for commercial purposes. Each user must also not transfer, duplicate, lend, or publicly transmit those contents or ask any third party to do so.
- 4. When using this app and separate services, each user must prepare a cell phone, telecommunication equipment, means of communication, electrical power, etc. at his/her own expense and responsibility, and is liable for all costs incurred in the usage thereof.
- 5. The Company does not guarantee that this app and separate services are compatible with all portable devices. Furthermore, although it is possible to use a tablet, it is not recommended.
- 6. This app is not compatible with every smart phone OS. Please confirm the OS separately specified by the Company.
- 7. Individual results of dietary and lifestyle changes may vary. Any user who experiences any abnormality or discomfort should consult a physician. Furthermore, anyone receiving medical treatment or guidance for pregnancy, injury, or sickness, or anyone liable to have any such condition, should consult a physician and use this app in accordance with the physician's instructions.
Article 9 (Third Party Services and Contents)
- 1. This app and separate services will sometimes include services or content provided by third parties such as the Company's affiliates (henceforth referred to as "partner services"). The businesses offering the relevant partner services are liable for all responsibility thereof, and the Company is not liable for any responsibility thereof. Furthermore, usage agreements and other conditions established by the businesses offering the relevant partner services may apply.
- 2. When a user uses any partner service, the Company may provide the partner service company with the user's account information. Each user consents in advance to this provision of account information.
- 3. The Company may receive a user's usage history and other information provided by partner service companies. Each user consents in advance to the provision of the relevant information.
- 4. If a user uses the chat function of this app to chat with a partner service company, the user thereby consents that the Company may browse and use the relevant chat log for the following purposes within the scope of necessity.
- (1) To improve this app, separate services, and partner services, and to develop new services
- (2) To respond to inquiries, etc. regarding this app, separate services, and partner services
- (3) To respond to acts that violate the Agreements etc.
- (4) For other purposes incidental to the above purposes
- 5. Any transactions, communications, or disputes that arise between a user and a partner service company or other third party regarding the use of partner services are to be processed and resolved at the user's expense and responsibility, and the Company is not liable for any responsibility thereof.
- 6. Apple Inc. or Google, etc. shall become the third-party beneficiary of this Agreement in the event a user utilizes the Application, etc. by using a portable terminal listed in the application stores of either Apple iOS or Android, etc. In this case, it is assumed that the user has consented to the terms of use established in the terms of service of the applicable third party beneficiary and that the user shall comply with said terms.
- 7. If a user settles any payments in this app, consent to the settlement agreement of the relevant third party (including but not limited to Apple or Google) according to the device used is a prerequisite, and the user must honor the Terms.
Article 10 (Usage of the Chat Consultation Service)
- 1. The chat consultation service refers to the chat consultation service in which nutritionists, clinical psychologists, physicians, pharmacists, physiotherapists, attorneys, etc. (henceforth referred to as "specialists") provide general information within each field of specialization through chat.
- 2. Chat consultation responses are within the scope of general advice without medical examination or treatment, and are not medical acts including interviews, diagnoses, or treatments based on concrete user symptoms. Each user should consult a physician and receive an expert diagnosis regarding his/her concrete symptoms.
- 3. In order to improve the physical and mental health of users, the Company may post chat consultation contents publicly in this app as FAQ, etc. after deleting each user's personal information and any information that may reveal any user's identity.
- 4. The Company may provide information to the police, etc. in cases pertaining to Article 12 (Prohibitions) of the Terms.
- 5. If the Company decides an emergency response is necessary when a user's consultation contents pertain to the life or person of the user, the Company may contact police, the user's affiliated company or organization, etc.
- 6. Clear addresses, phone numbers, or other information through which any individual can be easily identified must not be included in chat consultation contents.
- 7. Chat consultations cannot be responded to in the following cases.
- (1) Any consultation requiring an emergency response
- (2) Any consultation requiring any diagnoses of illness names, suggestions of treatment methods, evaluations of current medical treatment, or other content pertaining to medical acts, as well as any consultation requiring specialized knowledge of the law, taxation, etc.
- (3) Any consultation with a pharmacist regarding medical supplies other than general use supplies, or medical supplies requiring guidance
- (4) Any consultation with an attorney regarding a case currently being disputed in court, or a case already entrusted to another attorney
- (5) Any consultation that directly or indirectly pertains to any violation of the law, interference with duties, verbal threat, abuse, slander, or sexual harassment, content that cannot be deemed consultation, and any other consultation pertaining to any prohibited act
Article 11 (Non-responsibility of Replies)
- 1. Replies are composed in good faith, however, there is no guarantee that the condition of the user shall improve. The Company takes no responsibility for the actions taken by the user to act or not act on advice given in this app.
- 2. Replies are intended to be given with promptness, however, response within a certain timeframe cannot be guaranteed. The Company takes no responsibility for any effects of a late reply.
- 3. Specialists give replies anonymously and users cannot select instruction from individual specialists.
Article 12 (Prohibitions)
- When using this app and separate services, no user may engage in any acts the Company judges to pertain to any of the following.
- (1) Violations or potential violations of the law
- (2) Disturbances of public order
- (3) The promotion of political or religious information including ideology and / or solicitation.
- (4) Infringements upon any property rights (including intellectual property rights) of any other user, any third party, or the Company; infringements upon honor or privacy; slander, or other disadvantageous or potentially disadvantageous acts
- (5) Reproduction or duplication of this app or separate services
- (6) Modification, reverse engineering (mainly, analyzing content and converting it into a format people can process), reverse compilation, or reverse assembling of this app or separate services
- (7) Potential obstructions of the management of this app or separate services
- (8) Dishonest access to the server or the Company's computers
- (9) Applying with falsified registration information
- (10) Using this app or separate services while impersonating a third party
- (11) Reselling separate services (inspection devices, etc.)
- (12) Usage of this app or separate services by a user who is or is affiliated with a competitor of the Company for investigation purposes or the promotion of competing products and/or services.
- (13) Posting hyperlinks to websites unrelated to this app or services provided by the Company.
- (14) Posting or sharing information of a sexual nature.
- (15) Using the ID or password of another user of this app or separate services
- (16) Using this app or separate services with the dishonest use of a credit card that does not belong to the user
- (17) Using this app or separate services for commercial or commercial preparation purposes
- (18) Usage with the purpose of creating or preparing an app or separate service that imitates this app or separate services
- (19) Acts that directly or indirectly provoke or facilitate any of the acts listed above
- (20) Other acts the Company judges inappropriate
Article 13 (Responses to Violations of The Agreements etc.)
- 1. If the Company judges that a user has violated any part of the Agreements etc., the Company may terminate that user's usage of this app and/or separate services at any time, and may also take the punishment measures listed below. The Company is not liable for any inconvenience or damage the user incurs as a result of the relevant punishment.
- (1) Stopping acts that violate the Agreements etc. and demanding that such acts not be repeated
- (2) Demanding voluntary deletion or amendment of submitted information
- (3) Deleting all or part of submitted information or history, modifying the extent of its publicity, or making it unviewable (private)
- (4) Disclosure inside and outside this service of violation facts, including reports to police and other public institutions, if those facts may apply to a criminal case, administrative case, etc.
- (5) Temporary or permanent termination of usage of this app and/or separate services
- 2. No user may protest any measures the Company takes in response to violations in accordance with the Terms.
- 3. If the Company directly or indirectly incurs damage (including attorney fees) due to a user's usage of this app or separate services (including cases in which the Company receives a complaint from a third party originating in said usage), the user must immediately compensate in accordance with the Company's requests.
Article 14 (Attribution of Rights)
- All intellectual property rights related to this app and separate services belong to the Company or parties that have given license to the Company, and the permission to use this app and separate services in accordance with the Agreements etc. does not equal permission to use the intellectual property of the Company or parties that have given license to the Company.
Article 15 (Rights Pertaining to Posted Information)
- The Application, etc. provides its users with the ability to post or display; news, blogs, articles, comments, images, movies, etc. by themselves with the Application, etc. or by using a separate service, or the ability to share; news, blogs, articles, comments, images, videos, etc. that other users post or display by using the social networking feature of the Application, etc. All the news, blogs, articles, comments, videos, etc. or items related to these categories that users post, display, or share (this includes, but is not limited to, the nicknames of the users but excludes copyrighted written items that belong to third patries other than the users) are considered "Post Information" under this Agreement and are subject to the following conditions.
- (1) Posted information includes information, viewpoints, opinions, and proposals dispatched by numerous individuals and organizations. The Company will not support the proposals or opinions of any particular user, and will not periodically inspect or edit posted information. Each user consents to browse and use posted information with his/her own judgment and responsibility.
- (2) Each user guarantees that he/she will not infringe upon the rights of any third party or violate any laws, etc. with posted information he/she posts on this app or separate services. These rights or laws, etc. include but are not limited to intellectual property rights and privacy rights. If any dispute arises with a third party, the concerned user will take responsibility to resolve the issue at his/her own expense, and will not cause any trouble or damage to the Company.
- (3) The Company may change, remove, or otherwise modify posted information within the scope necessary for the uninterrupted provision of this app and separate services and for the construction, improvement, maintenance, etc. of the Company's system. The Company may delete posted information at its discretion to provide a pleasant usage experience to all users.
Article 16 (Permission to Use Posted Information)
- 1. The rights (copyrights and peripheral rights such as personal author rights) of posted information belong to the user who created that posted information. However, the user does not exercise his/her personal author rights.
- 2. Without compensation and non-exclusively, the Company may use posted information within the scope necessary for the uninterrupted provision of this app and separate services and for the construction, improvement, maintenance, etc. of the Company's system. The relevant usage permission will remain valid even if the user unsubscribes.
- 3. When the Company uses posted information in the ways specified in the preceding paragraph, the Company may omit the full name display or part of the posted information.
- 4. If any posted information infringes upon the rights of any third party, or if any complaints or demands arise due to any posted information, the user must resolve this at his/her own expense and responsibility.
- 5. If the Company incurs any fees or pays indemnities, etc. related to any complaint or demand specified above, the user is liable for any relevant fees, indemnities, fees the Company paid to any attorneys, etc., and the Company may demand that the concerning user pay the total amount.
Article 17 (The Company's Deletion Authority)
- 1. If the Company judges that a post violates or could potentially violate the Agreements etc., the Company may delete all or part of the posted information, change the scope of the posted information's publicity, or take other disadvantageous measures without prior notification to any user.
- 2. In the following cases, regardless of whether or not the relevant posted information is legal and regardless of whether or not it violates the Agreements etc., the Company may delete all or part of that posted information, change the scope of that posted information's publicity, or take other disadvantageous measures.
- (1)If a person claiming to have rights reports to the Company that the relevant posted information infringes upon his/her rights (including but not limited to intellectual property rights, property rights, honor, credibility, and rights to usage of his/her likeness). Provided, however, that this shall only apply if the person claiming to have rights provides documentation allowing for rational confirmation of the aforementioned rights, and if the Company judges after careful consideration that the aforementioned person has the aforementioned rights.
- (2) If a public institution or specialist (meaning the national government, a local public body, an attorney, etc.) indicates or expresses the opinion that the relevant posted information is illegal, violates public order, or infringes upon a person's rights.
- (3) If the posted information includes a photograph or depiction of the naked body (meaning completely or partially lacking clothing) of a person (including anime and manga characters, etc., regardless of whether or not the person depicted actually exists).
- (4) If the Company judges that the posted information violates the law, violates public order, or is otherwise inappropriate.
Article 18 (Using Points, etc.)
- 1. The expiration date for the points ths Company issues and distributes within the Application, etc. shall extend to the end of the month five (5) months after they were purchased or granted. Member points shall automatically be deleted after the expiration date has passed.
- 2. When purchasing a product in the FiNC Mall, one (1) FiNC Point can be used as equivalent to JPY1.
- 3. Regarding the details of granting and using points distributed in this service, regardless of the contents described here, it shall be based on the terms of use of FiNC points.
Article 19 (Denial of and Exemption from Guarantee)
- 1. The Company makes no guarantee whatsoever that this app and separate services (including all information regarding products, services, etc. displayed therewith) will conform to any user's specific purpose or include the functions, product value, accuracy, or usefulness he/she expects; that any user's usage of this app will conform to any law or industry group internal regulation, etc. applicable to the user; or that no defects will arise.
- 2. The Company has no obligation to repair any bugs, etc. of this app and separate services, or to improve this app or separate services.
- 3. At its own convenience, the Company may interrupt, suspend, terminate, or change all or part of this app or separate services without prior notice to any user. Regarding any i) complete or partial interruption, suspension, termination, inability of use, or change of this app and separate services by the Company, ii) deletion or disappearance of any messages or posted information any user sent to this app, iii) account erasure, iv) password erasure or oblivion, v) loss, theft, or breakdown of any cellular device, vi) erasure of account data through use of this app or separate services, vii) breakdown or damage of any machinery, and any other damage incurred by any user regarding this app and separate services (henceforth referred to as "user damage"), the Company is not liable for any reparations except as provided by law.
- 4. The Company may offer suitable information, contents, inspection services, and advice within this app and separate services, but regarding the results thereof, the Company is not liable for any reparations except as provided by law.
- 5. Users may sometimes be provided with information, etc. regarding an update or version upgrade of this app. In such cases, the pertaining upgrade or version update will be treated as this app and separate services, and the Agreements etc. will apply as a matter of course.
- 6. Even if the Company is liable for any reason, the Company is not liable for any reparations for user damage exceeding the amount the relevant user paid to the Company in the preceding 3 months. Furthermore, the Company is not liable for any reparations of damages pertaining to incidental damages, indirect damages, extraordinary damages, or future damages or lost profit. Provided, however, that this shall not apply if the actions of the Company are intentional or grossly negligent.
- 7. The Company is not liable for any transactions, communications, disputes, etc. that arise between any user and any third party in relation to this app, separate services, or the Company's website.
Article 20 (Transfer of User Position, Etc.)
- 1. No user may transfer, move, establish as collateral, or in any other way appropriate his/her rights or obligations based on his/her position or this contract, etc. to any third party without prior written consent from the Company.
- 2. If the Company transfers any business related to this app or separate services to another company, the Company may transfer the position of the Agreements etc., the rights and obligations based on the Agreements etc., registered items of users, and other information to the transferee consequent upon that business transfer, and each user hereby consents to the pertaining transfer. Furthermore, the business transfers stipulated in this paragraph include not only ordinary business transfers, but also company splits and all other cases in which business is transferred.
Article 21 (Renunciation of Rights)
- Even if the Company does not exercise or implement the rights specified in the Agreements etc., the Company does not renounce those rights.
Article 22 (Possibility of Separation)
- Even if any provision of the Agreements etc. is judged invalid or unenforceable in accordance with the Consumer Contract Act or any other law, all parts other than the provision judged invalid or unenforceable remain fully valid.
Article 23 (Governing Law and Agreement Jurisdiction)
- 1. The Agreements etc. and its interpretation and application regarding this app and separate services are governed by Japanese law.
- 2. If a lawsuit arises regarding usage of the Agreements etc. or this app and separate services, the Tokyo District Court will have exclusive jurisdiction in the first instance.
(Supplementary Provisions)
Enactment date: January 18, 2016
Revision date: December 9, 2016
Company name changed on October 1, 2018
Last revision date: February 3, 2020
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