Terms of Service

Legal review required (draft) This document is an automatically generated draft. Do not publish it until legal review is complete.

These Terms of Service (the "Terms") set out the conditions for using "DaySprinter" (the "Service"), provided by MeSight Inc. (the "Company"). Users use the Service on the basis that they agree to these Terms.

Article 1 (Application)

1. These Terms apply to all relationships between users and the Company concerning use of the Service.
2. Any individual provisions or guidelines that the Company posts within the Service form part of these Terms. Where an individual provision conflicts with these Terms, the individual provision prevails.

Article 2 (Definitions)

The terms used in these Terms are defined as follows.

1. "Service": the service named "DaySprinter" provided by the Company (including the service as changed, if its name or content is changed).
2. "User": any person who uses the Service, whether or not they have registered an account.
3. "Account": the information a user optionally registers to identify themselves within the Service.
4. "Paid Plan": collectively, the features of the Service provided on condition that a usage fee is paid (named "Pro").

Article 3 (Agreement to these Terms and account registration)

1. Users are deemed to have agreed to these Terms at the point they begin using the Service.
2. The Service may be used without registering an Account. These Terms apply to users in that case as well.
3. Users may optionally register an Account for the purpose of transferring and backing up data when changing devices. Account registration is carried out via Sign in with Apple, via an authentication link sent to the registered email address, or by another method specified by the Company.
4. The Company may decline to approve, or may subsequently cancel, an Account registration if it determines that any of the following applies, and bears no obligation to disclose its reasons.
   • False information was submitted when registering the Account.
   • The registration is from a person who has previously breached these Terms.
   • The Company otherwise determines that the Account registration is not appropriate.

Article 4 (Account management)

1. Users shall, at their own responsibility, appropriately manage the authentication means associated with their Account (meaning the Apple ID used for Sign in with Apple, and the registered email address together with the authentication links sent to that address; the "Authentication Means").
2. Users may not under any circumstances transfer or lend their Authentication Means to a third party, or share them with a third party.
3. Except where the Company has acted with intent or gross negligence, the Company bears no liability for damage arising from use of the Authentication Means by a third party.

Article 5 (Fees and payment method)

1. The core features of the Service may be used free of charge. Users who use a Paid Plan shall pay the usage fee separately determined by the Company and displayed within the Service.
2. The payment method for usage fees is in-app purchase via the App Store.
3. Unless the user carries out the cancellation procedure set out in Article 10, a Paid Plan renews automatically at the end of each applicable period, and the usage fee is charged on the renewal date. A user who wishes to stop renewal shall carry out the cancellation procedure at least 24 hours before the end of that period.
4. No free trial period is provided for Paid Plans. The usage fee is charged once the purchase procedure is completed.

Article 6 (Display of advertisements)

1. The Company may display third-party advertisements in the free plan of the Service. No advertisements are displayed in a Paid Plan.
2. The handling of personal data in connection with the display of advertisements is governed by the Company's Privacy Policy.
3. The Company bears no responsibility for any transaction, communication, or dispute arising between an advertiser and a user.

Article 7 (Prohibited conduct)

Users must not engage in any of the following when using the Service.

1. Conduct that violates laws and regulations or public order and morals.
2. Conduct connected with criminal activity.
3. Conduct that infringes the intellectual property rights, portrait rights, privacy, reputation, or other rights or interests of the Company, other users of the Service, or third parties.
4. Conduct that destroys or interferes with the functioning of the servers or networks of the Service.
5. Gaining or attempting to gain unauthorised access.
6. Reverse engineering, decompiling, or disassembling the Service.
7. Altering measurement results or other records of the Service by improper means.
8. Conduct liable to interfere with the operation of the Service.
9. Collecting or accumulating personal information relating to other users.
10. Using the Service for improper purposes.
11. Impersonating other users or third parties.
12. Advertising, promotion, solicitation, or commercial activity within the Service that the Company has not permitted.
13. Any other conduct the Company deems inappropriate.

Article 8 (Suspension of the Service)

1. The Company may suspend or interrupt all or part of the Service without prior notice to users if it determines that any of the following applies.
   • Maintenance, inspection, or updating of the computer systems for the Service is being carried out.
   • Provision of the Service has become difficult due to force majeure such as earthquake, lightning, fire, power failure, or natural disaster.
   • Computers or communication lines have stopped due to an accident.
   • The Company otherwise determines that provision of the Service is difficult.
2. The Company bears no liability for any disadvantage or damage suffered by users or third parties as a result of suspension or interruption of the Service.

Article 9 (Usage restrictions and cancellation of registration)

1. The Company may, without prior notice, restrict a user's use of all or part of the Service or cancel their Account registration if the user falls under any of the following.
   • The user has breached any provision of these Terms.
   • It becomes clear that registered information contains false facts.
   • The user has not responded to communications from the Company for a certain period.
   • The user has not used the Service for a certain period since last use.
   • The Company otherwise determines that use of the Service is not appropriate.
2. The Company bears no liability for damage caused to users by actions taken under this Article.

Article 10 (Account deletion and cancellation of a Paid Plan)

1. Users may delete their Account at any time by the method specified by the Company. The handling of data following account deletion is governed by the Company's Privacy Policy.
2. Cancellation of a Paid Plan is carried out from the subscription management screen of the App Store. Users can reach that screen from the designated flow within the Service, but the cancellation itself is processed through the App Store's subscription management function and is not completed within the Service.
3. Cancellation under the preceding paragraph must be carried out at least 24 hours before the end of the current renewal period. If it is not carried out by then, the Paid Plan renews automatically.
4. Where cancellation is carried out, no usage fee is charged from the next renewal date onward, and provision of the Paid Plan ends on that date. Users may continue to use the Paid Plan until the last day of the then-current renewal period.
5. Except where caused by a system defect, the Company does not provide refunds of usage fees after provision has begun. Whether a refund is available for a purchase made through the App Store is determined by the policies established by Apple.

Article 11 (Disclaimer of warranties and limitation of liability)

1. The Company makes no express or implied warranty that the Service is free from defects in fact or in law (including defects, errors, bugs, or infringements relating to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, or security).
2. Except where the Company has acted with intent or gross negligence, the Company bears no liability for any damage caused to users arising from the Service. However, this exemption does not apply where the contract between the Company and the user concerning the Service constitutes a consumer contract under the Consumer Contract Act of Japan.
3. Even in the case set out in the proviso to the preceding paragraph, the Company bears no liability for damage arising from special circumstances among damage caused to users by the Company's non-performance or tort due to negligence (excluding gross negligence). In such a case, the amount of compensation is limited to the amount of usage fees received from the user in the month in which the damage occurred.
4. The Company bears no liability for transactions, communications, or disputes arising between a user and other users or third parties in connection with the Service.

Article 12 (Changes to the Service)

The Company may change, add to, or discontinue the content of the Service upon prior notice to users, and users accept this.

Article 13 (Changes to these Terms)

1. The Company may change these Terms without the individual consent of users in the following cases.
   • The change to these Terms conforms to the general interests of users.
   • The change to these Terms does not contradict the purpose of the service use agreement and is reasonable in light of the necessity of the change, the appropriateness of the content after the change, and other circumstances relating to the change.
2. When changing these Terms under the preceding paragraph, the Company will give prior notice of the fact of the change, the content of the amended Terms, and the date on which they take effect, by posting within the Service or by another appropriate method.

Article 14 (Handling of personal information)

The Company handles personal information obtained through use of the Service appropriately in accordance with its Privacy Policy.

Article 15 (Notices and communications)

Notices and communications between users and the Company shall be made by the method specified by the Company. Unless the user submits notification of a change in the manner separately specified by the Company, the Company will treat the currently registered contact details as valid and send notices or communications to them, and these are deemed to have reached the user at the time of dispatch.

Article 16 (Prohibition of assignment of rights and obligations)

Users may not assign to a third party, or offer as security, their status under the service use agreement or any rights or obligations under these Terms without the Company's prior written consent.

Article 17 (Governing law and jurisdiction)

1. These Terms shall be interpreted in accordance with the laws of Japan.
2. In the event of a dispute concerning the Service, the Tokyo District Court shall be the exclusive agreed court of first instance.

Article 18 (Authoritative text)

The authoritative text of these Terms is the Japanese version. Even where a translation has been prepared for reference, only the Japanese version has legal effect, and in the event of any discrepancy between a translation and the Japanese version, the Japanese version prevails.

• Established: to be confirmed after legal review
• Last revised: to be confirmed after legal review