The Terms of Service is a translation from the Japanese version. In the event of any discrepancy or inconsistency between the English and Japanese versions, the Japanese version shall take precedence. Click here for the Japanese version.
Article 1. Application of rules and regulations
This “Terms of Service for the NERV Disaster Prevention App” (hereinafter referred to as “the Terms of Service”), sets out the terms and conditions applicable to the use of all services (hereinafter referred to as “the Service”) provided by Gehirn Inc. (hereinafter referred to as “we”, or “the Company”) under the name of “NERV Disaster Prevention App”.
When the users use the Service, we will assume that the users have agreed to all of the terms and conditions set forth in the Terms of Service.
If the user is a minor, the user must obtain the consent of the parent, guardian or other legal representative before using the Service.
Article 2. Change to the Terms of Service
We reserve the right to change the Terms of Service at any time without the consent of the users, and the users shall agree to accept these changes without objection.
In the event of any changes to the Terms of Service, we will notify the users of such changes in the manner prescribed by the Company.
The changes set out in the preceding paragraph shall take effect from the time the Company gives notice in accordance with the provisions of the preceding paragraph.
By using the Service after the amendment of the Terms of Service, the users are deemed to have agreed without objection to the Terms of Service as amended.
Article 3. Handling of Personal Information
We shall handle the personal information of the users appropriately in accordance with our Privacy Policy, which we set out separately.
Article 4. Handling of Content
The users shall be able to use the contents provided by the Company through the Service within the scope specified by the Company.
The rights to all content provided in the Service belong to the Company or authorized third parties, and shall not be transferred or granted to the users other than the right of use stipulated in the preceding paragraph.
Article 5. Paid Content
The users may purchase paid contents of the Service by paying a fee.
The amount, payment method and other matters regarding the paid contents in the preceding paragraph shall be determined separately by the Company and announced in the Service or the Company’s website.
Article 6. Prohibited Matters
The users shall not perform any of the following acts when using the Service.
Acts that infringe or may infringe on the copyrights, intellectual property rights, privacy rights, portrait rights, personal rights, or other rights of the Company or third parties.
Acts that violate or may violate laws and regulations.
Acts that are or may be offensive to public order and morals.
Falsification or deletion of information available through the Service.
Acts that disrupt or may disrupt the provision of the Service.
Using the Service in a way or manner that interferes or may interfere with a third party’s communications.
Violation of the restrictions on use stipulated in our instructions, etc.
Acts that interfere or may interfere with the use or operation of the Company’s or third party’s facilities, etc.
Unauthorized access, cracking, attacks, distribution or transmission of viruses, or other acts that interfere or may interfere with the operation of computers or business of the Company or third parties.
Reverse engineering, decompiling, or disassembling the software information and copyrighted works contained in the Service.
Accessing the APIs of the Service by any means other than the Service and in a manner that the Company does not intend.
Other acts that the Company deems inappropriate.
Article 7. Suspension of use
In the event that a user falls under any of the following terms, the Company may suspend the use of the Service by such user without notice, demand or other procedures.
In the event of default of payment.
In the event that the user violates or is likely to violate the Terms of Service, etc.
In the event the Company deems it necessary.
The Company shall not be obliged to disclose to the user the reasons for suspending the use of the Service in accordance with the provisions of this article.
Article 8. Responsibility of the users
The users shall be responsible for all the costs of communication equipment, software, internet connection, etc., necessary for the use of the Service.
In the event that the Company suffers direct or indirect damage in relation to the use of the Service by the user (including, but not limited to, the event that the Company is claimed by a third party for damages, etc.), the user shall compensate the Company for the damage including, but not limited to, legal costs and attorney’s fees.
In the event that a lawsuit, claim or other demand is made against the Company or a third party in relation to the user’s use of the Service, the user shall resolve such demands, etc. at the user’s own expense and responsibility, and shall indemnify and hold harmless the Company or the third party from damages.
Article 9. Non-Warranty
The Company does not warrant the accuracy, reliability, fitness for purpose, or any other aspects of the Service or information provided to users through the Service.
Article 10. Disclaimer
The Company shall not be held liable for any damage caused by the use, change of contents, termination, or interruption (including, but not limited to, failure due to excessive access or other unexpected causes) of the Service, damage caused by the suspension of the use of the Service in accordance with the provisions of Article 7, or any other damage incurred by the users or third parties in relation to the Service (including, but not limited to, indirect damage and lost profits), regardless of whether or not such damage was foreseeable.
In the event the Company is liable for damages in relation to the Service, the maximum amount of liability of the Company shall be limited to the total amount paid by the user to the Company for the Service.
The provisions of the preceding two paragraphs shall not apply in cases of intentional acts or gross negligence by the Company, or where the contract between the Company and the user regarding the Service falls under a consumer contract stipulated in the Consumer Contract Act.
Article 11. Publication of Advertisements
The Company may not place advertisements of the Company or third parties within the Service. However, this does not apply to the instructions for paid content of the Service.
Article 12. No transfer of rights and obligations
The rights and obligations of the user related to the use of the Service or the position as the user shall not be transferred, lent, or secured to a third party without the prior written consent of the Company.
Article 13. Contact Method
Any contact from the user to the Company regarding the Service shall be made by sending an enquiry through the contact form located appropriately in the Service or the Company’s website, or other method specified by the Company.
Article 14. Severability
Even if any provision of the Terms of Service is held invalid because it is illegal, unfair or any other reasons, all other provisions of the Terms of Service will be in full force and effect.
Article 15. Governing Law
The Terms of Service shall be governed by and construed in accordance with the laws of Japan.
Article 16. Court of Jurisdiction
Any disputes arising between the Company and the user in relation to the Service shall be subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the first instance.
Supplementary Provision
The Terms of Service will come into effect from September 10th, 2019.