The User is required to read through and agree to all provisions of these Terms in order to use the Services, which Terms shall be deemed to have been agreed to by the User upon the issuance of the User ID (as defined below) allotted to in accordance with the provisions of Section 2(c).
Section 1 (Purpose of Services)
The purpose of the Services is to aid each User to improve his/her lifestyle by collectively managing and indicating measurements of the amount of the User’s physical activities acquired thorough the dedicated equipment, including the number of steps, the amount of sleep, the heart rate, the body surface temperature and the calories consumed, as well as other information manually entered by each User, such as health information not included in the scope of information acquired through the dedicated equipment and/or information containing character strings or images (collectively, “Logs”).
Section 2 (Terms and Conditions for Using Services)
- In order to use the Services, the User must first agree to these Terms and then install the App onto the User’s mobile terminal(s). The User must also enter certain information into the App as required by MML (“Registered Information”) after fully understanding and agreeing to MML’s Personal Information Protection Policy, as well as these Terms. With regard to the User’s own mobile terminal(s), the User shall maintain, on the User’s own responsibility, proper telecommunications status and a setting that meets the conditions for use of the equipment and software designated by MML.
- Any costs for maintaining the setting in which the User uses the App, including fees for telecommunications services and/or use of terminal devices, shall be borne by the User.
- The User shall be deemed to have agreed to all provisions of these Terms upon the allotment of a specific character string used for the purpose of user management (“User ID”). The User’s User ID shall be allotted to the User when the information required to be registered is entered into the App, and may be confirmed by the User on the App’s settings page.
- The User agrees that the User will no longer be able to refer to or view the Stored Data if the User deletes the App without implementing any of the data preservation steps in the manner instructed by MML.
- A character string information to be used in connection with the recovery process of Stored Data (the “Login Code”), which shall be issued by MML at the request of the User, shall not be used for any purposes other than the steps to preserve the User’s data referred to in the preceding paragraph.
- The User shall neither (i) allow any third party to use the information provided to the User in connection with the App or the use thereof, including his/her User ID or Login Code, nor (ii) assign or pledge to a third party or otherwise dispose of such information or any of the User’s rights or obligations under these Terms.
Section 3 (Service Charges; Provision of Additional Services)
- In general, most parts of the Services or any additional features provided by MML may be used free of charge; provided, however, that certain services included in the Services may require charges for the use thereof, and the User must carefully consider whether to use such charged services.
Section 4 (Handling of Stored Data)
- MML may, at its discretion, create a backup of the Stored Data without the User’s consent in preparation for an efficient recovery from a failure and/or downtime of the MML’s computer system (including its servers) used for the provision of the Services.
- MML shall not disclose or otherwise make publicly available any part of the Stored Data without obtaining the relevant User's consent, except in cases where the Stored Data is used after being processed for statistical purposes. MML may disclose or otherwise make publicly available the Stored Data without obtaining the relevant User’s consent when MML is required to do so pursuant to any provisions of applicable laws or regulations or in any legal procedures (including requests from stock exchanges).
Section 5 (Energy Points)
- In the event the User meets certain conditions specified by MML during the use of the Services, the User may gain a number of points (“Energy Points”), which shall be granted by MML at the quantity and at the time specified by MML.
- The User may use Energy Points in the manner and subject to the terms specified by MML (including its subcontractors engaged for the operation of the Services). The User shall not cancel or modify the offer to use the earned Energy Points after such offer is received by MML.
- The balance of the User’s Energy Points shall be reduced by the quantity of Energy Points used by the User upon the User’s offer to use Energy Points.
- The User understands and agrees that, in the event the User replaces his/her terminal device with a new device, the User’s earned Energy Points may not be transferred to the new terminal device.
- The validity period of Energy Points granted to the User shall expire on the last day of the month in which two (2) years have passed from the day on which such Energy Points were granted, unless otherwise specified by MML.
- MML may invalidate all or part of the Energy Points granted to the User when it considers it appropriate to do so, including cases where (i) the User breaches any of the provisions of these Terms or receives any quantity of Energy Points by fraudulent means or as a result of any mistake made by MML, (ii) MML finds out that the User has ceased to use the Services, or (iii) the provision of the Services is discontinued.
- Energy Points are not inheritable, and shall neither be used by any person other than the User nor assigned to any third party by the User.
- The User agrees that MML may make any changes to the matters concerning Energy Points, including, but not limited to, the conditions for granting Energy Points, the quantity and/or rate of Energy Points to be granted, the timing of granting Energy Points, how and/or on what conditions Energy Points may be used, the validity period, and what can be obtained by using Energy Points.
- MML shall neither be liable nor make any compensation for any disadvantage incurred by the User due to the use or loss of Energy Points.
- Matters to be noted concerning Energy Points other than the foregoing shall be made accessible through the App or other appropriate means.
Section 6 (Suspension of Services)
MML may suspend the provision of the Services if:
- it is indispensable that MML carries out any maintenance work for MML’s computer system(s) or any maintenance work, inspection or construction work in connection with its electronic equipment in order to maintain the provision of the Services, or when any unavoidable failure in such system(s) and/or equipment occurs;
- it is not feasible or considered not to be feasible by MML to maintain the provision of the Services in an ordinary manner due to a considerable load on or interference with the Services;
- it becomes not feasible to maintain the provision of the Services in an ordinary manner due to an act by a third party, such as falsification of data or hacking, or when MML considers that continuing the provision of the Services despite its being affected by such act may potentially harm Users or third parties;
- any emergency situation arises or is threatened to arise due to any force majeure events, including natural disasters (including earthquake, tsunami, typhoon or lightning strike), a war, riot or enforcement, amendments or abolition of the applicable laws or regulations; or
- MML finds it otherwise necessary to suspend the ongoing Services.
Section 7 (Termination of Services)
- MML may cease to provide all or part of the Services by giving prior notice to the User.
- In the event MML terminates the provision of the Services, MML shall notify the User three (3) months prior to the scheduled termination date by using the method of delivery determined by MML.
Section 8 (Prohibitions)
The User shall not engage in any of the following acts or any acts equivalent thereto in substance during the course of using the Services:
- Infringing upon MML’s or any third party’s legitimate rights, including ownership, intellectual property rights (including copyrights), portrait rights and publicity rights;
- Causing a disadvantage or damages to MML, other Users or any third party;
- Engaging in any acts against public policy;
- Violating any laws or regulations;
- Making any attempt to make commercial profit in connection with the Services without MML’s approval;
- Interfering with the operation of the Services;
- Destroying or harming the credibility of the Services
- Registering any false information;
- Selling, buying or unlawfully using the User’s Registered Information and/or authentication information, or any points that can be used in the Services, including Energy Points; or
- Engaging in any other acts considered to be inappropriate by MML.
Section 9 (Discontinuation of Services)
MML may, at its discretion, immediately terminate the provision of the Services to the User without giving any notice or demand to the User if, or when MML reasonably believes that it is likely that:
- the User breaches any of the provisions of these Terms;
- the Registered Information contains any false or erroneous information;
- the User has completed his/her registration by pretending to be a third party;
- the User conducts any of the prohibited acts specified in the preceding Section; or
- MML otherwise considers that the User should no longer be allowed to use the Services.
- In the event MML suffers any loss or damage as a result of discontinuation of the provision of the Services pursuant to the preceding paragraph (“Discontinuation”), the User shall compensate MML for the damages incurred by MML.
- MML shall assume no obligations to disclose to the User the reasons for the Discontinuation set forth in paragraph (a) of this Section.
- Any relevant agreement(s) entered into between the User and MML shall be terminated upon the Discontinuation set forth in this Section, in which case the User shall forfeit all rights to use the Services.
Section 10 (Disclaimer)
- MML shall not be liable for any damages (including property damages (including, but not limited to, incidental, indirect or special damages, or lost profits) and mental anguish damages; the same applies hereinafter in this Section) incurred by the User if such damages are attributable to any acts of the User, including deletion or erasure of the User’s Registered Information or Logs.
- MML will not accept any request from the User to suspend any services in emergency situations, unless such suspension is considered to be necessary by MML.
- MML shall not be liable for any damages incurred by the User due to the provision, suspension or discontinuation of the Services.
Section 11 (Intellectual Property Rights)
Any and all rights, including ownership, copyrights and trademark rights, in or to the App or any of the components of the Services, including all programs, software, services, processes, documents, drawings, trademarks or trade names, shall be retained by MML or the person or entity granting such rights to MML.
Section 12 (Subcontracting)
MML shall be entitled to engage a third party for all or part of its business operations relating to the provision of the Services without the User’s approval; provided, however, that MML shall be responsible for the management of the engaged subcontractor(s).
Section 13 (Modification of Services / Terms and Conditions)
- MML may, at its discretion, modify or amend the specifications of the Services or suspend the provision of the Services by giving notice to the User in the manner considered to be appropriate by MML, irrespective of whether the User’s approval or acknowledgement has been obtained. In the event MML suspends, in whole or in part, the provision of the Services, the specifications of the Services, including the applicable terms and conditions, modified in connection with the suspension shall apply.
- MML may modify these Terms whenever MML considers it necessary. In the event of any modification of the provisions of these Terms, MML shall notify the User of or announce such modification, its effective date and details, in accordance with the provisions of these Terms. The notification or announcement referred to in the preceding sentence may be omitted when MML makes any modification that MML considers to be a minor change (such as correction of any wording used in these Terms).
Section 14 (User's Responsibility)
The User shall, upon and in accordance with MML’s claim, immediately compensate MML for any loss or damage, or any liability to pay any cost (including attorney’s fees), directly or indirectly incurred or assumed by MML in connection with the User’s use of the Services and/or the App.
Section 15 (Governing Law/Jurisdiction)
- The operation of the Services and the provisions of these Terms shall be governed by the laws of Japan.
- The User and MML agree that the Tokyo District Court shall have the exclusive jurisdiction of first instance over any and all disputes between the User and MML arising from or in connection with these Terms and/or the use of the Services or any services provided in connection therewith.
Established on: April 1, 2022