Terms of Use:Pregnancy Days
Thank you for using "Pregnancy Days"! To ensure that all users can use Pregnancy Days with peace of mind, we have established the Pregnancy Days Terms of Use. When using Pregnancy Days, please be sure to read these "Pregnancy Days Terms of Use" as they apply.
1. Application and Modification of These Terms of Use
- These "Pregnancy Days Terms of Use" (hereinafter referred to as "these Terms") establish the terms and conditions for the use of Pregnancy Days (hereinafter referred to as "the Service") provided by EverSense Inc. (hereinafter referred to as "the Company").
- Users (defined in the next article and hereinafter the same) shall be deemed to have agreed to these Terms when using the Service for the first time or continuing to use it. If you do not agree to these Terms, you may not use the Service.
- The Company may, without obtaining the prior consent of the users, change these Terms at any time at its discretion if there are reasonable grounds.
- Except as otherwise specified by the Company, these modified Terms shall take effect from the time they are displayed on this website (defined in the next article). In addition, after the change in these Terms has taken effect, if a user uses the Service, the user shall be deemed to have agreed to the modified Terms.
- Even if a change is made in accordance with the provisions of the preceding paragraph, the modified Terms of Use shall apply to the actions of the user that were taken before the change.
- The fact that the Company does not exercise or enforce the rights set forth in these Terms shall not be deemed a waiver of those rights.
2. Definitions In these Terms, the meanings of the terms used shall be as defined in each of the following items:
- "User" means all individuals who use the Service.
- "This website" means web pages on which content provided by the Service (including but not limited to text, images, videos, and other data) is posted.
- "Acquired information" means all information obtained by the Company regarding users (including but not limited to IP addresses, usage status, history, location information, usage devices, and information on failed payments).
- "Personal information" means information among the acquired information that can identify a specific user (including information that can easily be collated with other information to identify a specific user).
- "Information related to user attributes" means acquired information other than personal information (including but not limited to postal codes, gender, occupation, age, services used or products purchased, pages or advertisements viewed, usage time zones, usage methods, usage environments, etc.).
- "Intellectual property rights" means copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the rights to acquire these rights or the rights to file applications for these rights)."
3. Prohibited Activities
- Users shall not engage in the following activities when using this Service:
- Acts that infringe upon or may infringe upon the intellectual property rights of the Company, other users, or third parties (hereinafter collectively referred to as "others").
- Acts that infringe upon or may infringe upon the property, privacy, or portrait rights of others.
- Providing specific personal information of others.
- Discrimination, slander, defamation, or damage to the reputation or credibility of others.
- Tampering with or deleting content or information accessible through this Service.
- Overloading the Company's network or systems, and other acts that excessively burden the operation and provision of this Service or hinder the use of this Service by other users.
- Impersonating the Company (including altering parts of email headers to impersonate).
- Transmitting harmful computer programs or making them available to others.
- Distributing information, equipment, software, or other items to release or bypass access control functions on servers, etc.
- Replicating, modifying, reprinting, altering, changing, reverse engineering, disassembling, decompiling, translating, or analyzing all or part of the functions provided by this Service.
- Using all or part of this Service for commercial purposes, regardless of usage methods (including preparations for such purposes).
- Collecting information about other users of this Service.
- Using this Service without fulfilling procedures required by laws and regulations, such as reporting to supervisory authorities or obtaining permits and approvals, when such procedures are mandatory, and other acts that violate or may violate such laws and regulations.
- Acts that obstruct the operation of this Service, interfere with the exchange or sharing of information led by others, damage the reputation or property rights of the Company, or otherwise harm the Company.
- Making excessive or repetitive calls, or imposing obligations or unreasonable demands without legitimate reasons, which significantly hinder the Company's business operations.
- Providing benefits to anti-social forces, etc.
- Acts that violate laws or regulations, these Terms of Use, or public morals.
- Other acts that the Company deems inappropriate as user behavior.
- If users fall under any of the following items, they shall not be able to use this Service:
- Members of organized crime groups.
- Gang members.
- Quasi-members of organized crime groups.
- Companies affiliated with organized crime groups.
- Racketeers, those who claim to be involved in social movements, or members of special intelligence violent groups, etc.
- Other individuals similar to the above categories.
4. Use Restrictions
- The Company may, without obtaining the consent of the user, restrict the user's use of this Service in the following cases:
- When it is judged that there is a risk that a third party may suffer harm due to the user's involvement in the infection of a worm-type virus, transmission of mass emails, etc.
- When contact with the user cannot be established through telephone, email, etc.
- When mail sent to the user is returned to the Company.
- When the user violates any of the provisions of these Terms of Use.
- When the Company deems the user's use as inappropriate for other users.
- The Company shall not be responsible for any disadvantages or damages incurred by the user as a result of the Company's restriction of the user's use of this Service under the preceding paragraph.
5. Suspension, Interruption, etc., of Service Provision
- The Company may suspend or interrupt the provision of all or part of this Service without prior notice to the user in the following cases:
- When regular maintenance and inspection of communication equipment, etc., necessary for providing this Service is conducted, or when urgent inspection is required.
- When the provision of this Service becomes impossible due to factors such as fire, power outage, etc.
- When the provision of this Service becomes impossible due to natural disasters such as earthquakes, eruptions, floods, tsunamis, etc.
- When the provision of this Service becomes impossible due to war, civil unrest, riots, disturbances, labor disputes, etc.
- When the Company deems it necessary to suspend or interrupt the provision of this Service for operational or technical reasons.
- The Company may, at its discretion, change the content of this Service or terminate its provision without notifying or announcing to users.
- The Company shall not be responsible for any disadvantages or damages incurred by the user as a result of measures taken by the Company based on this article.
6. Preparation of Usage Environment
- Users shall, at their own expense and responsibility, prepare all the equipment necessary for using this Service, including communication equipment, software, and other related equipment, and maintain them in a usable condition. In addition, users shall, at their own expense and responsibility, connect to the Internet via telecommunications services or telecommunication lines as selected by themselves when using this Service.
- Users shall, based on information provided by relevant authorities, take security measures such as preventing computer virus infections, unauthorized access, and information leakage, according to their own usage environment.
- The Company shall not be involved in or responsible for users' usage environments.
7. Principle of Self-Responsibility
- Users shall use this Service at their own responsibility and shall be responsible for all actions taken and their results when using this Service.
- If users cause disadvantages or damages to the Company or others in the course of using this Service, users shall be responsible for compensating for the damages at their own expense and shall resolve the issues.
8. Ownership of Rights
- Intellectual property rights related to this Site and this Service belong to the Company or the parties licensed by the Company. The license to use this Service under these Terms of Use does not imply the right to use the intellectual property rights of the Company or the parties licensed by the Company related to this Site or this Service.
- The content of this Service is protected by laws and regulations related to intellectual property rights (including copyright law, trademark law, and design law).
- All software used in this Service and related to this Service contains rights and trade secrets protected by laws and regulations related to intellectual property rights.
9. Disclaimer and Limitation of Liability
- The Company does not guarantee that this Service will meet the user's specific purposes, have the expected functionality, commercial value, accuracy, usefulness, or compliance with applicable laws or industry association internal regulations for the user's use of this Service. The content of articles is not guaranteed for the reliability or safety of information, and it may not represent the latest information due to advancements in the medical field. Medical information, such as the causes, treatments, and preventive measures for diseases, does not replace diagnosis by medical professionals. For individual symptoms, please consult a physician for proper diagnosis and treatment.
- The information provided by the Company, including content and software related to this Service, is provided as is, and the Company does not guarantee its completeness, accuracy, applicability, usefulness, availability, safety, certainty, or any other aspect.
- The Company shall not be liable for any damages or losses incurred by the user, including but not limited to interruptions, suspensions, terminations, unavailability, changes in the provision of this Service by the Company, deletion or disappearance of messages or information sent by the user to this Service, data corruption, equipment failure, damage, or other disadvantages or damages incurred by the user related to this Service.
- The Company may provide information and advice to users as needed, but the Company shall not be responsible for the results thereof. The Company does not provide any guarantees regarding the quality of services or products introduced on this site or their effectiveness when used.
- Even if the Company is held liable for any reason, the Company's liability for damages incurred by the user shall not exceed 10,000 Japanese Yen. Furthermore, the Company shall not be liable for consequential damages, indirect damages, special damages, future damages, or lost profits. This limitation of liability shall not apply in cases where the Company has intentional or gross negligence.
- Regarding transactions, communications, disputes, or any other matters arising between users and third parties related to this Service or this Site, users shall resolve them at their own expense and responsibility, and the Company shall not be responsible for them.
- In the event that this Agreement or any other agreement between the user and the Company falls under the Consumer Contract Act (Act No. 61 of 2000), the provisions of this Agreement or any other agreement between the user and the Company that completely exempt the Company from liability for damages shall not apply. In this case, if the user incurs damages due to the Company's failure to perform its obligations or illegal acts, the Company shall be liable for damages up to the actual damages directly incurred by the user. However, this shall only apply in cases where the Company has intentional or gross negligence.
10. Handling of Personal Information, etc.
- The handling of personal information of users by the Company shall be governed by the separate personal information protection policy established by the Company, and users shall agree to the Company handling their personal information in accordance with said policy.
- The Company may use and disclose information obtained from users in an unidentifiable form as statistical information at its discretion, and users shall not object to this.
11. Contact or Notification
- Notices regarding changes to this Agreement and other communications or notifications from the Company to users shall be made by the method specified by the Company.
- Inquiries and other communications or notifications from users to the Company regarding this Service shall be made through the inquiry form designated by the Company. The Company generally does not accept communication by phone or in-person visits.
12. Severability
If any provision or part of this Agreement is deemed invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of this Agreement and the remaining parts of the provisions deemed invalid or unenforceable shall remain in full force and effect. Even if a provision of this Agreement is declared invalid or rescinded with respect to specific users, this Agreement shall remain valid with respect to other users.
13. Governing Law and Jurisdiction
- This Agreement and any other agreements between users and the Company shall be governed by and construed in accordance with Japanese law. Furthermore, users agree that the application of the United Nations Convention on Contracts for the International Sale of Goods to transactions that may arise from the use of this Service is excluded.
- Any and all disputes arising from or related to this Agreement or any other agreements between users and the Company shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
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