Smartphone Application: Terms and Conditions.

Park Management Laboratory Co.,Ltd. (“Company”), provider of this smartphone application (“App”) regulates its use according to the following terms and conditions (“Terms”).

Article 1
Acceptance of the Terms

By using this App, the user of the App (“User”) acknowledges that he/she has read, fully understood and agrees to the Terms.

Article 2
Changes in the Terms

If considered necessary by the Company, the Terms can be changed partly or entirely without further notification to the User. It is assumed that upon the usage of the App after changes in the Terms, the User agrees to the new Terms.
However, in the case of changes significantly influencing the User, the User might be asked to agree to the Terms once again.

Article 3
Privacy Policy

Data obtained through the App, its purpose of use etc. are regulated as follows:

1. Data obtained through the App.
   The Company obtains the following data through the App:
   1. Data introduced by the User.
      ・Birth date, gender, height, weigh.
   2. Data obtained from Apple’s Motion & Fitness upon the User’s agreement.
      ・Steps, Walking + Running Distance, Flights Climbed.
2. Data used outside of the App.
   The User’s data obtained through the App are stored exclusively within the App and are not transferred or stored by the Company nor a third party’s server.
   However, due to the App’s update, data collecting function might be added. In that case, the User will be asked for agreement once again.
3. Purpose of data use.
   The Company uses the data obtained through the App as follows:
   1. In order to offer this service.
4. Personal data collecting and handling.
   Currently data obtained from the App’s User are not used outside of the App. However, it’s possible that User’s data might be collected in the future.
   If that’s the case, User’s personal data will not be released or supplied to third parties without User’s knowledge.
   However, it does not apply in the following cases:
   1. Cases based on laws and regulations.
   2. Cases in which the handling of personal information is necessary for the protection of the life, body, or property of an individual and in which it is difficult to obtain the consent of the person.
   3. Cases in which the handling of personal information is particularly necessary for improving public health or promoting the sound growth of children and in which it is difficult to obtain the consent of the person.
   4. Cases in which the handling of personal information is necessary for cooperating with a state organ, a local government, or an individual or a business operator entrusted by either of the former two in executing the affairs prescribed by laws and regulations and in which obtaining the consent of the person is likely to impede the execution of the affairs concerned.

   In cases falling under any of the following items, the User’s name, address etc., by which individuals can be directly identified, can be waived, and anonymously processed information can be provided to third parties.

   1. When it is necessary to provide services etc.
   2. When it is provided to a research institution for purposes such as investigation, research or analysis.

Article 4
Collecting information through third party analysis services

The App is using third party services.
Details regarding collecting information, purpose of use, provision to third parties etc. are described separately by each of the third party services. For privacy policy check URL sites listed below.

1. Third party services used.

   1. Google Analytics for Firebase
      ・Business entity: Google, Inc.
      ・Purpose of use: To analyze the usage status of the App.
      Data collected through Google Analytics for Firebase are subject to Google’s Privacy Policy. Details below:
      http://www.google.com/intl/en/policies/privacy/
2. Suspension or elimination of data transfer to third parties.
   The App does not offer means to suspend data transfer to third parties. If you wish to suspend data transfer, uninstall the App.

Article 5
Usage and operating environment

1. Software program, portable device, telecommunication equipment, means of communication etc. required to use the App are at the expense and responsibility of the User.
2. In the following cases the operation of the App can be restricted.
   1. Part of the App requires the use of the device functions and the User permission is necessary. The operation of the App can be restricted if there is no such permission from the User.
   2. In the case of using the App in a place without access to Internet connection.

Article 6
Intellectual Property Rights

All copyrights, trademarks, design rights and other intellectual property rights related to the App belong to the Company or a beneficiary given consent by the Company. No rights or consent of any kind belong to the User.

Article 7
Prohibited matters

1. The User should refrain from the following acts when using the App:
   1. Acts violating law or public order.
   2. Acts related to criminal acts.
   3. Acts violating honor, trust, right privilege etc. of the Company or other Users.
   4. Acts of abuse or interfering with business of the App or the Company.
   5. Acts of birth engineering, disassembly or other methods leading to decoding or alteration of the App.
   6. Acts of sales, loan, transfer or distribution of the App’s rights to third parties.
   7. Use of the App for commercial activity without authorization.
   8. Other acts found to be inappropriate by the Company.
2. If the Company suffers any damages due to acts listed above and performed by the User, the User will bear entirely or partly the costs resulting from the damage.

Article 8
Disclaimer

1. The Company does not warrant that the App is or will be free of malfunctions, defects, bugs etc.
2. The Company does not warrant that the operation of the App is or will be compatible with the intended purpose, nor that the use of the App is accurate and reliable.
3. The Company is not responsible to the User for any damages that may result from the use of the App, nor from being unable to use the App.
4. The Company does not warrant to the User that the App will be available permanently.
5. The Company reserves the right to modify or correct the content, change the distribution method or stop the license agreement of the App based on its own decision. The Company is not responsible for any damages the User may suffer as a result.
6. The Company is not responsible for any trouble between the users of the App, nor the Users and third parties.

Article 9
The App’s content revision, suspension etc.

1. The Company can entirely or partly modify the content of the App, supplement or improve as required without prior notice at any time.
2. The Company can end its service or update without prior notice.

Article 10
Governing law, jurisdiction

The Terms are governed by Japanese law.
It is hereby mutually agreed that the court having jurisdiction over the registered address of the Company shall have exclusive jurisdiction over any dispute regarding the App and the Terms.

Japanese/English versions of the Terms of Conditions
The Japanese version of the Terms of Conditions shall be the original, with the English version provided for the User’s understanding. In the event of any conflict between the two versions, the Japanese version shall take precedence.

Inquiries
Park Management Laboratory Co.,Ltd.
NS BLDG. 6F., 2-2-22, Tanimachi, Chuo-ku, Osaka, Osaka 540-0012 Japan
E-mail: info@go-park.net