Terms of Service
This Terms of Service (hereinafter referred as "this agreement”), the software called “Jorte” (hereinafter referred as "this software") which is provided by Jorte 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 agreement before accepting this agreement.
Article 1 Use of this Service
- 1. Users must comply with this Terms of Service and the terms created by other web companies that cooperate with Jorte such as the App Store, Google Play Store, including SNS companies like Facebook. (These are generically referred as "external business").
- 2. Once users agree with this Terms of Service, a service contract between the users and the company (hereinafter referred to as "this user 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 software or some features specified separately by the company (hereinafter referred to as "paid services" and users who use paid services as "paid users") are paid.
- 3. The users are responsible for the preparation and maintenance of Smartphones, other equipment, telecommunication line or other telecommunication environment to use this service and their associated costs.
- 4. Users shall take responsibility for security measures related to their system environment where the service is used.
- 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 Usage fees
- 1. Payment for using paid services (hereinafter referred to as "usage fees") shall be an amount separately determined by the company. For details regarding usage fees, please visit our website (https://www.jorte.com/).
- 2. Paid users shall pay the usage fees set forth in the preceding line in a manner separately prescribed by the company (In the case where a commission, etc. is required for the payment of usage fees, it shall be borne by such paid user). Please be advised that the company will not issue receipts etc. for the usage fees paid.
- 3. The company shall be able to change the usage fees at its discretion. Article 13 shall apply to the procedures for changing the usage fees.
Article 3 Prohibited matters
Upon use of this service by users, the company forbids the following actions:
- 1. User may not rent, lease, distribute, or otherwise transfer their rights to a third party.
- 2. Any act of reverse engineering such as ‘Decompile’, ‘Disassemble’ the programs included in this software.
- 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).
- 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).
- 5. Any act which may potentially interfere with the operation as well as the provision of the service by the company.
- 6. Use the digital contents included in this software beyond the scope of personal and non-commercial use.
- 7. User may not extract digital contents, such as icons, themes, & wallpapers, from this software.
- 8. Any other acts that the company may deem as inappropriate.
Article 4 Disclaimers and Warranty Exclusions
- 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 or not being able to use this service. Even if the company assumes liability for damages because of the application of consumer contract law or some other reasons, the liability of the company is limited to direct and normal damage and the amount of such compensation damages shall be limited to the total amount of usage fees paid by the user to the company until the time of the occurrence of said damage.
- 2. The company does not assume any obligation to provide technological maintenance or improvements of features related to the programs included in this software.
- 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.
- 4. The company guarantees neither the integrity, accuracy nor the reliability of the information provided through this service.
- 5. The company does not guarantee the storage, saving, backup of the data, etc. provided in this service. Regarding the data provided in this service, the user shall be responsible to save the data as a backup as necessary.
- 6. 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.
- 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.
- 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.
- 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 5 Attributions
- 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.
- 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.
- 3. Intellectual property rights such as copyrights, trademark rights, etc. related to the information entered by the users through this service etc. belong to each user. In addition, each user shall grant the company a free of charge, perpetual and unconditional right to make copies, adaptations and other secondary use with respect to the intellectual property rights related to such information.
Article 6 Precautions about download, etc
In the event that the users install this software on their device, etc. upon the initial use of this service or any subsequent utilization by either downloading it from the platform of an external business or by other means, the users shall pay sufficient attention so as to avoid losing or altering their information or the occurrence of any kind of malfunctions or damages in their equipment. The company shall not assume any responsibility for damages caused to the user.
Article 7 Dispute Settlements and Compensation for Damages
- 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.
- 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.
- 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.
Article 8 Acquisition of Information by the Company
- 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”.
- 2. In addition to the provision set forth in the preceding paragraph, the company may acquire non-personally identifiable information about the usage by the users in order to improve this service.
- 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.
Article 9 Termination
- (1) In the event that the company deems that a user falls under any of the following reasons, the company shall be able to stop the provision of this service, etc. as well as terminate this user agreement without prior notice or demand in advance.
- 1. When the user violates any provision of this agreement or any law or regulation.
- 2. When the user has stopped payment or becomes insolvent, or when there is a petition for commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement of special liquidation, or similar procedures.
- 3. When the user is subject to a legal seizure of assets for failure to pay taxes and other public dues.
- 4. In addition to the preceding two items, when it is deemed that a serious concern has occurred in the credit standing pursuant to each of the preceding items, such as issuing a notice of voluntary arrangement, or in the case that it is deemed to occur in the future.
- 5. When there is an indication or opinion from public institutions or experts (National, local governments, a reliability confirmation organization prescribed in the guidelines of the Act of Limitation of Liability for Demands of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Information of the Senders, Lawyer, or other methods.) that data or other information entered by the user is illegal, violates public policy or infringes the rights of other persons, etc.
- (2) In the event that the company deems that a user falls under any of the reasons in the preceding paragraph, the user naturally loses the right of the due date for any obligation owed to the company and shall pay immediately all obligations owed to the company.
- (3) The company shall not be liable for any damages caused to a user due to stopping the provision of this service or the termination of this agreement.
Article 10 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 this user agreement. The company does not assume any responsibility for any damages caused by this cancellation of the service.
Article 11 Notices
- (1) Inquiries about this service and other contact or notifications from users to the company shall be made according to the method specified by the company.
- (2) Notices and announcements from the company to users are announced on the company's webpage (http://www.jorte.com/), can be sent to the user's registered email address or by other methods that the company deems appropriate.
- (3) Notices from the company in the preceding line shall take effect from the time that each of the following items is performed.
- 1. Notices and public announcements on the company website: When displayed on the company website.
- 2. Transmission of E-mail: The time when the company sent the E-mail.
- 3. Method determined by the company to be appropriate: At the time of placing the notice by the appropriate method.
- (4) When the company makes a notification or notice by a method in the preceding two items, its effect shall come into force regardless of whether or not the user actually received the communication or notification.
- (5) The provisions of this article shall apply to all notices stipulated in this agreement except as otherwise stipulated in this agreement.
Article 12 Term of Validity
This user agreement becomes effective as described in the second paragraph of the first article, and it effectively persists between the user and the company until this user agreement and/or this service is cancelled by the company.
Article 13 Changes of This Terms of Service
The company may change the terms of this agreement and this service at any time. Changes in these contents will be made public on our website(http://www.jorte.com/). In the event that the user uses this service after the publication of such change or if a reasonable period of time specified by the company has passed, it is deemed that the user has agreed to the change of this agreement.
Article 14 Separability
Even if any provision of this agreement or any part thereof is determined to be invalid or unenforceable for the purpose of application of the Consumer Contract Act or for other reasons, the remaining provisions and parts of this agreement shall continue to be fully effective. Also, with respect to the provision or part determined to be invalid or unenforceable, it may be substituted for an effective provision or part closest to the purpose of such provision or part or a reasonable interpretation shall be applied so that it becomes the effective provision that is closest to the purpose of such provision or part.
Article 15 Others
- 1. These terms are governed by and construed in accordance with the laws of Japan.
- 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.
Article 16 About Acquisition of Information
(1) About "Personal Information"
Users who register to use Jorte Cloud are asked to register their personal information. Personal infor-mation included in the registration form are:
- - E-mail address (required)
- - Date of Birth (optional)
This personal information is acquired for the purpose of using registration authentication and inquir-ies from users of this service, and it is not used for other purposes. Also, it is not provided to third parties.
- (2) About "Usage Information"
In case the users utilize this software, 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:
Type of Information Obtained:
- 1. Precise location information and relative location information (opt-in users only).
- 2. Google Play Advertising ID or IDFA.
- 3. User agent and device information such as OS, Version, Carrier, IP address, Wi-Fi information, date and time of access.
- 4. Service usage status (Settings information, frequency of use, access history of each screen - calendar reference status, communication quality, usage status of linked services, language used as well as country of residence, statistical information).
- 5. Data registered by the user.
About data acquisition:
(1) Timing of data acquisition
We collect the usage information when the app is in use or running in the background. (Vary on the setting)
(2) Acquisition Method
It is provided to the company from the users' smartphone through this software and stored in the server of the company.
Purpose of Use:
- 1. Collect attributes of the usage information, analyze and create statistical data regarding the usage information, do the academic/practical research, and response to legal requirements.
- 2. In order to provide the features of this service to the users.
- 3. In order to display advertisements of this service.
- 4. Marketing as well as promotion and delivery of targeted advertising in this or other apps.
- 5. In order to measure effectiveness of those ads.
Procedure to Stop the Acquisition
In 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.
We will retain your usage information as long as such data is necessary to achieve the purpose of use and to provide it to the third parties described in "(3)Provision of Information to Third Parties”.
- (3) Provision of Information to Third Parties
The company will provide the following information from the preceding usage information to a third party partner etc. (including a third party in a foreign country).However, the information provided does not include information that can individually identify the user (such as name, e-mail address, credit card information, etc.).
- 1. Location information (opt-in users only).
- 2. Google Play Advertising ID or IDFA.
- 3. User agent, IP address, Wi-Fi information, date and time of access.
- 4. Service usage status (Settings information, communication quality, language used as well as country of residence, statistical information).
- 5. Statistical information obtained from data registered by the user.
EU Region / GDPR members:
For reference purposes, the above article 16 does apply for EU region. This personal information is collected for business reasons.
If you should have inquires, you may contact the company at: firstname.lastname@example.org
For reference regarding external services used by the company please see the website of the company: http://www.jorte.com/privacy/ext_service/
Copyright Jorte Inc.
September 29, 2020