This “Terms of Service" (hereinafter referred as "this agreement”), the software called “mealligram” (hereinafter referred as "this software") which is provided by Kilo Inc. (hereinafter referred as the "company") and other services associated with it (hereinafter collectively referred as “this service") establishes all the statements that users must comply with when using this software and this service as well as the relationship of rights and obligations between the users and the company. Users of this service must read the full text of this Terms of Service before accepting this agreement.
Article 1 Use of this Service
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1. Users must comply with this Terms of Service and the terms created by other web companies that cooperate with mealligram such as the App Store, Google Play Store, including SNS companies like Facebook. (These are generically referred as "external business").
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2. Once users agree with this Terms of Service, a service contract between the users and the company (hereinafter referred to as "the service agreement") will be established, users will then be able to use this service according to these terms of service. Use of this service is free in principle, but other softwares or some features specified separately by the company are paid.
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3. The users are responsible for the preparation and maintenance of Smartphones, other equipments, telecommunication line or other telecommunication environment to use this service and their associated costs.
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4. Users shall take responsibility for security measures related to their system environment where the service is used.
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5. For users under 13 years of age, in order to use the software you must turn off location services by adjusting the settings of the devices where this software is installed. If you are unable to turn off location settings ask your parent or legal guardian for assistance. Users under 13 years of age are not permitted to use this software with location services turned on.
Article 2 Prohibited matters
Upon use of this service by users, the company forbids the following actions:
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1. User may not rent, lease, distribute, or otherwise transfer their rights to a third party.
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2. Any act of reverse engineering such as ‘Decompile’, ‘Disassemble’ the programs included in this service.
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3. Any act of damaging the intellectual property rights and other rights of the company and revenue. (Including any act that cause such infringement directly or indirectly).
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4. Any act contrary to the terms created by external companies. Or any act of damaging to the intellectual property rights and other rights of them and revenue. (Including any act that cause such infringement directly or indirectly).
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5. Any act which may potentially interfere with the operation as well as the provision of the service by the company.
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6. User is granted limited, non-exclusive revocable use of digital contents, which shall be for personal, non-commercial use on this software and within the permitted territory.
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7. User may not extract digital contents, such as icons, themes, & wallpapers, from this software.
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8. Any other acts that the company may deem as inappropriate.
Article 3 Disclaimers and Warranty Exclusions
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1. Except a case of willful or gross negligence, the company does not assume any responsibility for damages to users in relation to the use of this service. Even if we assume liability damages because of the application of consumer contract law or some other reasons, our liability is limited to direct and normal damage.
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2. The company does not assume any obligation to provide technological maintenance or improvements of features related to the programs included in this software.
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3. The company guarantees neither the integrity nor the reliability of this software. It may not work in the users' environment even when the requirements to operate the software are met.
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4. The company guarantees neither the integrity nor the reliability of the information provided through this service.
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5. The estimated menstrual period and ovulation dates displayed in the Health Management features provided through this service are automatically calculated, therefore, the company guarantees neither their accuracy, completeness nor usefulness.
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6. The company does not assume any responsibility related to either the inability to use this service or damages arising from its utilization (Loss of data, including but not limited to damages caused by loss of business profit).
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7. Although external businesses may cooperate with this service, the company does not guarantee that such cooperation will happen and it does not assume any responsibility in case such cooperation was not possible.
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8. The users will abide by the terms of service from external businesses at their own responsibility and expense, the company does not assume any responsibility for disputes that may arise between users and the external businesses concerned.
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9. The company may stop or cancel without any prior notification some or all the features in this service or the complete provision of this service if it deemed that it was necessary to take measures for maintenance or against failure of this service, or in case that the company determined that there are unavoidable operational/technical issues. Furthermore, except in a case of willful or serious negligence, the company does not assume any responsibility for damages resulting from measures taken by the company (Including but not limited to: loss of data and/or loss of paid contents that users have previously purchased from external companies websites).
Article 4 Attributions
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1. The company owns all rights relating to this service such as property rights, intellectual property rights and other rights. The copyright of the information provided through this service, and intellectual property rights, such as trademark rights belong to the company or the third parties that granted the rights to the company.
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2. Regarding the attribution of rights of products that were purchased through the websites of external companies, the users must comply with the terms created by the third parties or external companies in addition to these terms of service.
Article 5 Precautions about download, etc
Users shall take responsibility for loss or alteration of their information due to any kind of malfunctions or damages in their equipment. The company shall not assume any responsibility for damages occurred in relation to the use of this service at any time during its download from the website of the company or by other means as well as during its initial launch or any subsequent utilization.
Article 6 Dispute Settlements and Compensation for Damages
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1. In the event of a violation of this terms of service by the user or if the company was damaged as a result of the use of this service by the user, the user will be held responsible for compensating the company.
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2. In the event where users receive a claim from an external business or a third party and/or a dispute arises between the users and said external business or third parties, the users shall have the responsibility of notifying the company about the content of such claim or dispute, except in a case of willful or serious negligence of the company, the users will be responsible for the settlement of such claim or disputes at their expense, and they shall report their progress upon a request from the company.
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3. In the event that the company receives a claim from the external businesses or the third parties because of a rights infringement or for any other reasons in connection with the use of the service by the user, the user must compensate the company the amount that the company was forced to pay to the third party.
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4. Except a case of willful or gross negligence, the company does not assume any responsibility for damages to users in relation to the use of this service.
Article 7 Acquisition of Information by the Company
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1. The company acquires and utilizes the information for the purposes and provisions defined in the following "About Acquisition of Information", and the users shall agree with this. Regarding the details of the handling of the acquired information, please check the section “About Acquisition of Information”.
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2. Except for the preceding paragraph, the company may acquire non-personally identifiable information about the usage by the users in order to improve this service.
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3. This service contains content that may require the input of certain information such as menstrual period, basal body temperature, weight, etc. (hereinafter referred as "health management information"). In the event that a service requires the input of health management information, the users consent that such health management information will be sent to the company and shall use this service at their own discretion and responsibility.
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4. The handling of the personal information of the users in this service is based on the “Privacy Policy” in the website of the company
Article 8 Elimination of Organized Crime
The company prohibits the use of this service by organized crime. In case that the company deems that the user is part of organized crime, the company may stop providing this service without any prior notification to the user, and is able to cancel the contract of this service. The company does not assume any responsibility for any damages caused by this cancellation of the service.
Article 9 Term of Validity
This Terms of Service become effective as described in the second paragraph of the first article, and it effectively persists between the user and the company until this Terms of Service and/or this service is cancelled by the company. In case that the user violate this Terms of Service, the company will stop providing this service without any prior notification, and is able to cancel the contract of this service. The company does not assume any responsibility for any damages caused by this cancellation of the service.
Article 10 Changes of This Terms of Service
The contents of this Terms of Service and the Service are subject to change at any time by the company. All changes are published on the notice, and if the user started using this service after we have announced any changes, it is the users' responsibility to review any changes.
Article 11 Others
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1. These terms are governed by and construed in accordance with the laws of Japan.
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2. All disputes arising between the users and the company related to the interpretation of these terms of service and use of the service shall try to be solved in a consultation of good faith, if it is still not possible to solve the matter, the exclusive jurisdiction of the court of first instance is set to the Tokyo Summary Court or Tokyo District Court.
About Acquisition of Information
In case the users utilize this service, the company will acquire the following information from the users. This information does not include any personally identifiable information (such as name, E-mail address, credit card information, etc). The details are as follows:
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(1) Type of Information Obtained:
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1. Location information
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2. Google Play Advertising ID or IDFA
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3. User agent, IP address, date and time of access.
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4. Service usage.
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5. Health management information (menstrual period, basal body temperature, height, weight).
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(2) Acquisition Method:It is provided to the company from the users' smartphone through this software and stored in the server of the company.
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(3) Purpose of Use:
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1. Collect attributes of the usage information, analyze and create statistical data regarding the usage information.
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2. In order to provide the features of this service to the users.
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3. In order to display advertisements of this service.
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4. Marketing as well as promotion and delivery of targeted advertising.
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5. Other purposes of use set forth in the privacy policy.
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(4) Attribute Data based on Location InformationRegarding the above purpose of use 4., the information obtained will be provided to Arbor Technologies, Inc. and Cuebiq Inc. This information will be anonymous and non-personally identifiable information.
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(5) Procedure to Stop the AcquisitionIn case the users do not prefer that the company acquires the location information, they are able to stop providing the location information by adjusting the internal settings in their devices where this software is installed. However if the location information setting is not available on their devices, it may not be possible to stop providing the information.