使用條款

These Terms and Conditions apply to the smartphone application "minical" and the website (https://minical.app) operated by minical Inc. (hereinafter "we", "us", or "our") (collectively, the "services").

1. General

By using our services, you are deemed to have agreed to these Terms. Please read them carefully before use.

2. Definitions

1. "User(s)" means any individual or entity that agrees to these Terms and uses our services.
2. "Target Equipment" means the servers, network devices, and other equipment operated by us or our designated third parties to provide our services.
3. "Our Content" means the text, images, video, audio, software, programs, code, and any other information and copyrighted materials that we provide in our services.

3. Prohibited Matters

When using our services, Users must not engage in the following acts:

1. Violating copyrights, portrait rights, honor rights, privacy, or other rights.
2. Infringing the copyrights, intellectual property rights, or property interests of us or third parties, or acts likely to do so.
3. Engaging in acts that violate laws or public order and morals, or acts likely to do so.
4. Causing disadvantage to other Users or third parties, or acts likely to do so.
5. Interfering with the operation of our services, or acts likely to interfere.
6. Damaging the credibility of us or our services, or acts likely to do so.
7. Copying, modifying, redistributing, lending, or sublicensing Our Content without our prior consent.
8. Reverse-engineering, decompiling, or disassembling Our Content.
9. Unauthorized access to Target Equipment, or unauthorized rewriting or deletion of stored information.
10. Transmitting harmful computer programs, such as viruses, to Target Equipment.
11. Imposing excessive loads on Target Equipment.
12. Using automated means such as robots, crawlers, or scraping tools to collect, reproduce, or redistribute Our Content.
13. Using Our Content for training, fine-tuning, or retrieval-augmented generation (RAG) of artificial intelligence (AI), machine learning, or large language models (LLMs).
14. Creating datasets containing Our Content and providing or selling them to third parties.
15. Reproducing, adapting, summarizing, or rewriting Our Content for use in third-party products or services.
16. Any other acts we deem inappropriate.

4. Payments and Donations

1. Payments in our services, including the donations described in the following paragraph, are processed through the App Store operated by Apple Inc., and Apple Inc. handles billing and refunds. Eligibility and procedures for refunds are governed by Apple Inc.'s policies. Due to the nature of digital content, we cannot issue refunds directly, except where required by applicable law.
2. Our services include a mechanism that allows Users to support us voluntarily through donations. Donations are not consideration for any function or benefit of our services, and making a donation does not grant Users any additional function or right.

5. Disclaimer

1. Our services are provided on an "AS IS" basis. We make no warranties, express or implied, regarding the fitness for a particular purpose, merchantability, accuracy, reliability, completeness, or non-infringement of third-party rights of our services.
2. We do not warrant that events or other data handled through our services will not be lost, corrupted, or changed unintentionally. Because we do not store such data on our servers, we are unable to restore it. Users are responsible for making backups as needed.
3. We shall not be held responsible for any damages incurred by Users in connection with the use of our services, except in cases of our willful misconduct or gross negligence.
4. Notwithstanding the preceding paragraph, where these Terms constitute a consumer contract under the Consumer Contract Act of Japan, we shall be liable for damages only to the extent of ordinary, direct, and actual damages, and only up to the amount the User has paid in relation to our services, except in cases of our willful misconduct or gross negligence.
5. Our services may contain links to external websites operated by third parties. We assume no responsibility for the content, accuracy, safety, or legality of such external websites.

6. Changes, Suspension, or Termination of Our Services

We may change, suspend, or terminate part or all of our services at any time for any reason without prior notice to Users.

7. Remedies for Violations

1. If a User violates these Terms, we may, without prior notice, restrict the User’s access or take any other measures we deem necessary.
2. If a User’s violation of these Terms causes damage to us, the User shall compensate us for such damage.
3. In the event of copyright infringement of Our Content, we may seek injunctive relief, claim damages, and recover attorneys' fees and other reasonable costs incurred in connection therewith.

8. Handling of User Information

1. We handle User information in accordance with our Privacy.
2. Users consent to our processing of their information in accordance with the Privacy Policy referred to in the preceding paragraph.
3. We may, at our sole discretion, transform information and data provided by Users into a format that does not identify any individual and may use or disclose such statistical information, and Users shall not object to such use or disclosure.

9. Changes to Terms

We may revise these Terms without obtaining Users’ prior consent. Revised Terms will take effect once posted in our services, and Users shall accept such changes.

10. Assignment of Rights and Obligations

1. Users shall not, without our prior written consent, transfer, assign, sublicense, pledge, or otherwise dispose of, in whole or in part, their position hereunder or any rights or obligations arising hereunder.
2. If we transfer the business related to the services to a third party (including merger, corporate split, business transfer, or other organizational restructuring), we may assign our position hereunder, together with all rights and obligations and any user information, to such third party, and Users hereby consent in advance to such assignment.

11. Severability

If any provision of these Terms, in whole or in part, is held invalid or unenforceable under applicable laws (including the Consumer Contract Act of Japan), the remaining provisions shall remain in full force and effect. We and the Users shall endeavor to replace any such invalid or unenforceable provision with a valid provision that most closely reflects the original intent and economic effect of the invalid provision.

12. Governing Law and Jurisdiction

1. These Terms and our services shall be governed by and construed in accordance with the laws of Japan. However, where the User is a consumer, the protection afforded by mandatory consumer protection provisions under the laws of the country or region in which the User has their habitual residence shall not be prejudiced.
2. To the extent permitted by applicable law, any dispute arising out of or relating to our services shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.

13. Governing Language

These Terms have been prepared in Japanese. This English version is provided solely for reference. In the event of any inconsistency between the Japanese version and this English translation, the Japanese version shall prevail.