Terms of Use

 

Writeback Co., Ltd (hereafter “the Company”) hereby specifies the Terms of Use (hereafter “the Terms”) for the use of “AutoDiary+” (hereafter “the App”), which is a service offered by the Company, as follows. The user who uses the App (hereafter “the Customer”) should agree to the Terms before using the App.

Please note that the contents of the Terms may be changed as needed, so please refer to the latest Terms of Use when using the App.


1. The App is a service that records and analyzes location information.


2. The Customer is to prepare devices, an environment that enables access to the Internet, packet communication charges, etc., that are necessary to use the App with his or her own money and responsibility.


3. All copyrights, trademarks, patent rights, design rights, know-hows, and all other intellectual property rights pertaining to the App and its contents belong to the Company or a third party that possesses the legitimate rights, and no such rights are granted whatsoever. The Customer is prohibited from reprinting, reproducing, changing, publicly transmitting, or otherwise using the information provided through this service beyond the scope of personal use without the consent of the Company.


4. The Customer is prohibited from undertaking the following acts when using this service:

(1) Acts that violate the Terms;

(2) Acts in violation of laws, ordinances, or other regulations;

(3) Acts which impede the provision of the App;

(4) Criminal acts, acts that may lead to or promote criminal acts, or acts which are in risk thereof;

(5) Acts which damage or are in risk of damaging the credibility of the App;

(6) Acts of using the App for the purpose of sales or for its preparation;

(7) Acts which infringe or are in risk of infringing on the rights and profits of the Company and any third party;

(8) Acts that reproduce all or part of the App, excluding the case where the App is installed for the purpose of personal use;

(9) Acts that change the App, such as modifying, altering, disassembling, decompiling, reverse engineering, etc.

(10) Acts that sell, lend, assign, or distribute the App and its contents, as well as its rights of use to any third party;

(11) Acts contrary to public order and morality and any other acts that the Company deems inappropriate.


5. The Company shall be entitled to suspend the provision of this service to the Customer and terminate the Terms without the need to make any notification or demand, if the Customer conducts acts that are listed in the preceding section.


6. If the Customer violates the Terms and the Company suffers damages as a result, the Company may request that the Customer compensate all or part of such damages.


7. The Company will provide compensation for damages if the Customer in actuality suffers direct and ordinary damages due to willful misconduct or gross negligence on the part of the Company in relation to the use of the App. This article applies to all damages regardless of the causes of the claims, such as default on financial obligations, warranty against defects, or infringement of third party rights.


8. The Company makes no guarantee whatsoever to the Customer with regard to the App’s operation, suitability to the purpose of use, accuracy and credibility of the use results, etc.


9. The Company, based on its own judgment, may change or modify the specification of the App, change its distribution method, suspend its license, change the content of the service, or interrupt or terminate the service. The Company assumes no responsibility whatsoever for damages suffered by the Customer as a result of these actions taken by the Company.


10. The Company, excluding the case where important matters are changed, may revise all or part of the Terms at any time without consent of or notification to the Customer. If the Customer uses the App after the Terms have been changed, he or she will be deemed to have accepted the updated Terms.


11. The Customer shall not be able to transfer or assign any of the rights or obligations under the Terms to a third party.


12. The Terms, even if some of their parts are understood to be void by the mandatory provisions section of the Consumer Protection Laws or other mandatory provisions, shall have the effect to the fullest extent possible not inconsistent with these laws.


13. The Terms shall be governed and construed in accordance with the laws of Japan. Where there is any doubt or dispute arising between the Customer and the Company in connection with the App or the Terms, such doubt or dispute shall be resolved between the parties in good faith; nevertheless, if it cannot be resolved, it will be subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of first instance.