TERMS OF USE

2.1 License

2.2 Subject to your compliance with these Terms, you are granted a non-exclusive, non-sub licensable, non-assignable, royalty-free license to download, install and use the Software on your mobile terminal and/or other permitted device for your personal purposes, and via your individual user account (“User Account”), only.

2.2 Restrictions

Except as expressly set out in these Terms or as permitted by any local law, you may not, and agree not to:

1. sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights in the Software to any third party;
2. undertake, cause, permit or authorise the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof;
3. remove, obscure or alter any copyright notices or other proprietary notices included in the Software; or
4. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Software.

3.1 Use of the Software and Services

By using the Software, you may receive services for data relevance and discoveries for your physical condition improvement based on data you have inputted or permitted to be inputted into the Software. VELDT offers the following (a) Free Cloud Service, (b) Free Local Service, and (c) Paid Cloud Service, which differ in terms of storage period and notifications of data inputted and permited to be inputted in the Software, and you may use one of the services. If you use (a) Free Cloud Service or (c) Paid Cloud Service, you may also use the following (d) Plug-in Service and (e) Disclosure Service to an external company that provides online health consultation and online medical services.

1. Free Cloud Service
   If you do not request (b) or (c) below, the Free Cloud Service will be provided and data you have imputted into the Software and data you have permited to be inputted will be stored on VELDT's server, free of charge. If you use the Free Cloud Service, data for more than three (3) months may be stored in the VELDT's server and displayed on your device.
2. Free Local Service
   If you wish to store data you have inputted into the Software and data you have permitted to be inputted into the Software on the Software on your device only and not on VELDT's servers, the Free Local Service will be provided. With the Free Local Service, data you have inputted into the Software and data you have permitted to be inputted into the Software will only be stored in the Software for a period of three (3) months, and the Software will automatically delete data that is older than three (3) months. In addition, if you use the Free Local Service, you cannot use (d) Plug-in Service or (e) Disclosure Service to an external company that provides online health consultation and online medical services.
3. Paid Cloud Service
   By paying the fee set forth in Article 15.1 of this Terms, you will be provided with advanced services such as seasonal change features, comparison with average, and display of physical condition trend alerts, in addition to the services of the Free Cloud Service.
4. Plug-in Service
   You using (a) Free Cloud Service or (c) Paid Cloud Service may use the service to store your data held by an external company on VELDT's server together with your data as described in Article 3.2 of YOU'D APPLICATION PRIVACY POLICY.
5. Disclosure Service to an external company that provides online health consultation and online medical services
   If you using (a) Free Cloud Service or (c) Paid Cloud Service select the Disclosure Service to external companies that provide online health consultation and online medical services among the Plug-in Service, you may use the service to disclose your Condition Data and Health Data, which is not anonymized and statistical, stored on VELDT's server to such external company that provides such online health consultation and online medical services.

3.2 Updates to the Software

We may automatically check your version of the Software. We may also automatically download configuration changes and updates to the Software from time to time. You may be required to update the Software in order to continue using the Software. You agree to accept such updates subject to these Terms unless other terms accompany the updates. We are not obliged to make any updates available and do not guarantee that we will continue to support the version of the device for which you are licensed to use the Software, or that updated Software will be compatible for use with end users running older versions of the Software.

3.3 Suspension, technical improvement and maintenance

From time to time, we may need to perform maintenance on or upgrade the Software or the Services or the underlying infrastructure that enables you to use the Software or the Services. This may require us to temporarily suspend or limit your use of some or all of the Software or the Services until such time as this maintenance and/or upgrade can be completed. To the extent permitted by applicable law, we exclude all liability for any damages caused by such suspension or limitation of the use of any Software or Services.

3.4 Content

The Software may access and collect information from you depending on your settings. You must ensure, and are responsible for ensuring, that all such information is legally acquired and that the access to and collection of such information does not infringe upon the rights of any third parties.

5.1 Copyright

The content and compilation of content included on the Software and the Services, such as, but not limited to, sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of us, our affiliates or licensors and are protected by Japanese and international copyright laws. Such copyright protected content cannot be reproduced without our express permission.

5.2 Ownership of the Software and Services

We and/or our licensors retain exclusive ownership of the Software and the Services and all intellectual property rights therein and thereto (whether or not registered and anywhere in the world). You will not take any action to jeopardise, limit or interfere with our intellectual property rights in the Software and/or the Services.

5.3 Trademark

“VELDT”, “ヴェルト” and any associated trademarks and logos are our trademarks. We have registered and filed applications to register our trademarks in many countries worldwide. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of our intellectual property (in whole or part) or that is confusingly similar thereto.

6.1 Termination by you

You may terminate your relationship with us at any time by submitting your intention of withdrawal according to the procedure of the withdrawal in the Software.

6.2 Termination by us

Without affecting any other rights and remedies which we may have and without liability to you for any losses which may result, we may terminate our relationship with you, or may terminate or suspend your use of the Software, User Account(s), or Services, immediately and without notice, at any time if:

1. in our sole opinion, you are in breach of any of these Terms;
2. we reasonably suspect that you are using the Software and/or the Services to break the law or infringe third party rights; or
3. we, at our sole discretion, decide to cease offering the Services; or
4. If you have not used or logged on to the Software or Services for a period of 12 consecutive months.

6.3 Consequences of Termination

Upon termination of your relationship with us:

1. all licenses and rights to use the Software and/or the Services shall immediately cease;
2. you will immediately cease any and all use of the Software and/or the Services, and all activity authorised by these Terms; and
3. you will immediately remove the Software from all hard drives, mobile phones, networks and other storage media and destroy all copies of the Software in your possession or under your control.

7.1 No warranties of data relevance

THE SOFTWARE PROVIDES DATA RELEVANCE AND NOTIFICATIONS INCLUDIING DISCOVERIES FOR SELF-IMPROVEMENT BY USING THE SOFTWARE'S OWN ALGORITHM BASED ON DATA INPUTTED BY YOU AND DATA THAT YOU PERMIT TO USE FROM DATA ENTERED IN OTHER APPLICATIONS WITH THIS SOFTWARE. DATA RELEVANCE AND RECOMMENDATION DISPLAYED IN THE SOFTWARE IS PROVIDED FOR YOUR REFERENCE AND DO NOT CONSTITUTE A MEDICAL TEST RESULT, DIAGNOSIS OR ADVICE. YOU SHALL BE RESPONSIBLE FOR ANY ACTION YOU TAKE IN RELIANCE ON USING THE SOFTWARE AND THE SERVICES. FOR ANY MEDICAL ADVICE YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL.

7.2 No warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE AND THE SERVICES ARE PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER. WE DO NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS THAT THE SOFTWARE AND THE SERVICES WILL OPERATE PROPERLY AND EXPRESSLY DISCLAIM ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF SATISFACTORY QUALITY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH RESPECT TO THE SOFTWARE AND/OR THE SERVICES. YOU AND ONLY YOU WILL BE RESPONSIBLE FOR ALL REPAIRS TO THE SOFTWARE AND SERVICES ARISING FROM THE USE OF THE SOFTWARE AND SERVICES AND ANY OTHER LOSSES ACTUALLY OR ALLEGEDLY CAUSED BY THE SOFTWARE AND SERVICES.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONS' LAW IS APPLICABLE TO THESE TERMS, IN WHICH CASE VELDT'S WARRANTIES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

7.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WE SHALL BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE AND THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE).

OTHER THAN THE LOSSES SET OUT ABOVE (FOR WHICH WE ARE NOT LIABLE), OUR MAXIMUM AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL IN ALL CIRCUMSTANCES BE LIMITED TO A SUM EQUAL TO JPY 5,000.

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR:

1. DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE;
2. FRAUD OR FRAUDULENT MISREPRESENTATION; OR
3. ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

7.4 Indemnity

You agree to defend, indemnify, and hold harmless VELDT and its employees, agents, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including legal and other professional fees) that arise from or are related to: your use or misuse of the Software or Services, your violation of these Terms, your violation of any rights of a third party; or any other negligent or intentional misconduct by you. VELDT may assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defences.

15.1 Fee

The fee for the Paid Cloud Service described in Articles 3.1(c) of this Terms is JPY 3,600 (including tax) for annual payment and JPY 2,400 (including tax) for half-yearly payment. Even if you cannot use the Paid Cloud Service during the usage period for any of the reasons specified in Article 7.5 of this Terms, you shall bear the fee for the Paid Cloud Service during such period. We may change the fee for the Paid Cloud Service, and if you renew the Paid Cloud Service, the fee set forth in the fee schedule at the time of renewal shall apply.

In addition to the above fee, data communication costs such as communication charges necessary to use the Software and the Internet (the amount of which shall be determined by each service provider with which you have contracted) may be incurred as a necessary expense for the use of the Paid Cloud Service.

The Paid Cloud Service are available immediately upon payment of the subscription fee.

15.2 Payment method

The fee for the Paid Cloud Service is purchased by subscription through the Software's in-app purchase. Subscription is a recurring payment method where you pay for the Paid Cloud Service on a semi-annual or annual basis.

The subscription fee will be charged to your Apple ID or Google account at the time of purchase.

You can check the subscription expiration date in the Google Play app for Android (Google Play version) or in your Apple ID settings for iOS.

Unless you cancel your subscription, it will be automatically renewed at the end of the validity period. You can stop the auto-renewal by canceling your subscription at least 24 hours before midnight of the expiration date through the Google Play app or Apple ID settings.

After subscription cancellation, you will still be able to use the Paid Cloud Service until the last day of the validity period.

15.3 Termination of the Paid Cloud Service

The Paid Cloud Service will be terminated when the subscription cancellation procedure is completed and the validity period expires. Please note that even if you terminate the Service in accordance with Article 6.1 of this Terms, automatic recurring billing for the subscription will not stop, and you will be required to go through the subscription cancellation procedure separately. We will not refund any fees already paid for the Paid Cloud Service, unless we decide to terminate the Service.