These terms and Service apply to the “Smawell” service for specific health guidance provided by Aristol Corporation (hereinafter referred to as “the Company”). The company provides a service for specific health guidance, “Smawell” (hereinafter referred to as “the Service”). These Terms and Service apply to all relationships between the administrator who has applied for use of the Service in accordance with the procedures prescribed by the Company and has obtained the Company’s approval (hereinafter referred to as the “Administrator”) and the Company.

 

 

Chapter 1 General Provisions

Article 1 (Agreement to these Terms, Scope of Application)

1. The Administrator shall agree to all terms of this Agreement and shall use the Service in compliance with this Agreement.
2. Any guidelines, precautions, important matters notified by e-mail, etc. (including privacy policy, hereinafter referred to as “Guidelines, etc.”) presented by the Company to the Administrator when providing the Service shall be deemed to be a part of the Terms of Service and shall not be deemed to be a part of the Terms of Service.
3. All references to “time” in these Terms and Conditions and in the provision of the Service are based on Japan time (GMT + 9:00).

 

Article 2 (Outline of the Service)

1. This service is designed to provide individuals (hereinafter referred to as the “Users”) with a support program (hereinafter referred to as the “Contents”) to support specific health guidance and for administrators to manage users.
2. The Service is provided via the Internet. The Administrator shall be aware that packet communication charges, etc. may be incurred for connecting to the Internet when browsing, downloading, etc. of the Service, and shall bear the packet communication charges, etc., if incurred.

 

Article 3 (Terms of Use of the Service, Disclaimer, etc.)

1. This company shall not be liable for any damages arising out of or in connection with the use of the service, applications used by users in the service (hereinafter referred to as “the application”), or the contents of the application. The Company shall not be liable for any damage, etc. incurred by the administrator himself/herself, any damage incurred by a third party, or any claim or trouble with a third party in connection with the use of the Service, the applications used by users in the Service (hereinafter referred to as “the Application”) and their contents, unless there is a reason attributable to the Company.
2. The Service shall be provided on an “as is” and “as available” basis. The Company shall not make any warranty, etc. even if the Administrator uses the Service in a state in which a part of the Service does not operate or display properly due to the Administrator’s location, the state of the terminal, etc. used, the state of communications, or any other environment in which the Service is used.

 

Article 4 (Copyright, License)

All rights (including but not limited to copyrights, utility model rights, trademark rights, and other intellectual property rights, hereinafter collectively referred to as “Intellectual Property Rights, etc.”) pertaining to the Service, the Application, and the Contents thereof shall be owned by the Company or the relevant intellectual property rights holder. (including but not limited to copyrights, utility model rights, trademark rights, and other intellectual property rights, hereinafter collectively referred to as “Intellectual Property Rights, etc.”) belong to the Company or the right holder of such Intellectual Property Rights, etc.

 

Article 5 (Prohibited Matters)

1. The Administrator shall not engage in any of the following acts, etc. when using the Service and its contents

(1) Recording, publishing by any methods, screening, or streaming on the web using podcasts, etc.

(2) Digital copying (excluding downloading of data using cache implemented as a function of the Application) and reproduction by other methods

(3) Distribution, transfer, lending, etc. to third parties (including distribution, transfer, lending, etc. of reproductions)

(4) Use for the purpose of secondary use, such as creation of new content

(5) Any other use for purposes or in a manner outside the scope planned by the Service.

2. The Administrator shall not engage in any of the following acts, etc., with respect to this Application

(1) Analyze by reverse engineering, decompiling, disassembling, etc.

(2) Unauthorized modification

(3) Duplication by means other than those specified by the Company, distribution to a third party, etc.

(4) Any other use for purposes or in a manner outside the scope of this Service.

3. The administrator shall not engage in any of the following acts when using the service.

(1) Unauthorized use of the login ID and password for the Service (hereinafter collectively referred to as “Account”)

(2) Making a third party use the Service, or using the Service for the benefit of a third party.

(3) Creating multiple accounts without a legitimate purpose.

(4) Infringing the intellectual property rights or other property of the Company or any third party

(5) Causing damage to the Company or any third party

(6) Violating or threatening to violate laws and regulations

(7) Actions that are or may be offensive to public order and morals

(8) False declaration at the time of information transmission

(9) Any act that interferes with the operation of this Application or the Service.

4. The Administrator shall assume all legal responsibility for any damage incurred by the Company or a third party due to an act in violation of paragraphs 1 through 3, even after termination of use of the service or deletion of his/her account, except for reasons attributable to the Company, and shall in any event indemnify the Company and in no event shall the Company be held liable for any damages.

 

 

Chapter 2 License, Account, etc. for Administrator

Article 6 (License)

1. The Company grants the Administrator a license to use the Service for the Administrator’s own use, provided that the Administrator uses the Service and the Content within the scope of the purpose and manner contemplated by the Service.
2. The license to the Service belongs exclusively to the licensed Administrator. All rights of use of the Service by the Administrator may not be transferred or loaned to any third party.

 

Article 7 (Management of Accounts, etc.)

1. When specifying a password to log in to the Service, the Administrator must specify a character string that is difficult for a third party to guess.
2. The Administrator must manage the account for logging in to the Service strictly on his/her own responsibility.
3. The Company deems that such use is made by the administrator himself/herself when the account registered for the Service matches the account entered at the time of use of the Service.
4. The Administrator shall not be liable for any and all damages resulting from inadequate management, negligent use, or errors in the use of his/her account, unless such damages are attributable to reasons attributable to the Company. In the event that the Administrator incurs damages to the Company, other Administrators, users, or other third parties as a result of inadequate account management, negligent use, or error, the Administrator shall compensate for such damages at his/her own responsibility and expense.
5. If the administrator loses his/her account login information, learns that the account is being used by a third party, or needs to make partial or complete changes to the account for any other reason, the administrator shall follow the procedures for resetting the account by the means determined by the Company.
6. The administrator is responsible for keeping the information registered with the service (hereinafter referred to as “Registration Information”) accurate and up-to-date. If for any reason it becomes necessary for the Administrator to change the Registration Information, the Administrator shall promptly follow the procedures for changing the Registration Information by the means prescribed by the Company.
7. If the Administrator fails or delays to perform any obligation relating to changes, etc., in this Article, the Administrator shall be liable for all damages arising from such failure or delay.

 

Article 8 (Handling of Administrator Content and Stored Data)

The Company may, without the individual consent of the Administrator, handle content created or generated by the Administrator (hereinafter referred to as “Administrator Content”) (including Administrator Content data deleted by the Administrator through his/her own account), as well as stored data. (including the data of the Administrator’s Content that the Administrator has deleted through his/her own account) The Administrator shall comprehensively agree to this in advance. However, the Company shall not be obligated to back up the Administrator’s Content.

The Company will delete the Administrator’s Content after a storage period determined separately by the Company has elapsed.

 

 

Chapter 3 Usage Fees, Term of Use

Article 9 (Usage Fees, Payment)

The Administrator shall pay the usage fee for the Service in accordance with the contents of the plan separately determined by the Company in a manner separately determined by the Company.

 

Article 10 (Term of Validity)

The term of validity of the Service shall be 1 year. The starting date for the same period shall be the service start date presented at the time of conclusion of the subscription agreement, and the unit of the effective period shall be one month.

 

 

Chapter 4 General

Article 11 (Penalties)

1. The Company may, by giving prior notice, impose upon an Administrator who falls under any of the following items such penalties as temporary suspension of use of the Service, blocking of access, etc., termination of the Service Agreement, or forced deletion of his/her account.

(1) In the event of violation of Article 5, Clauses 1 through 3.

(2) In the event of willful or malicious violation of these Terms of Service or Guidelines, etc., or if there is a risk of such a situation.

(3) In the event that the user does not follow instructions from the Company regarding important matters concerning the use of the Service

(4) If the administrator does not respond within a reasonable period of time to any notice or communication sent by the Company to the administrator requiring a response

(5) In the event that the Company deems the administrator to be inappropriate as an administrator for any other reason.

2. In the event that the administrator is punished in accordance with this Article, and the administrator, users, or other third parties suffer damages, except for reasons attributable to the Company, the Company shall not be held liable for such damages. The Administrator who has been punished shall compensate for any damages incurred by the Company, other Administrators, users, or other third parties as a result of his/her punishment, at his/her own responsibility and expense.
3. The deletion of an account shall be effective as of the time of the deletion.

 

Article 12 (Means of Notification)

1. Unless otherwise specified, the Company shall notify the Administrator by posting on the Site, by push notification from the Company, by sending e-mail, or by any other method the Company deems appropriate.
2. Notification by posting on the Official Site shall be deemed complete when posted on the Official Site.
3. When sending important information on the Service by e-mail, the Company may send e-mails or mail magazines, etc. to all Administrators, including those who have set their settings to reject all e-mail notifications, etc. from the Company.

4.Notices sent by e-mail shall be completed when sent to the e-mail address designated by the Administrator.

5. If the Administrator has any anti-spam measures in place for the designated e-mail address, the Administrator must change the settings for receiving such e-mail and permit the receipt of e-mail from the Company.

 

Article 13 (Interruption or Termination of this Service)

1. the Company may temporarily suspend all or part of the Service in the event of natural disasters, hacking attacks, communication failures, or other circumstances beyond the Company’s control, or in the event of maintenance of the Service’s system, server, etc., or when the Company deems it necessary to do so. If the Company deems it difficult to continue providing the Service due to the continuation of such circumstances, the Company may terminate the Service without any notice to the Administrator, regardless of the provisions of Paragraph 2. 2.
2. the Company may terminate all or part of the Service by giving the Administrator at least one (1) month’s prior notice. Such notice shall be given in accordance with Article 12. 3.

The Company shall not be liable for any damages to the Administrator, users, or third parties arising directly or indirectly from the temporary suspension or termination of the Service.

 

Article 14 (Compensation for Damages)

1. In the event that the Administrator causes damage to the Company or a third party due to his/her own intention or negligence in connection with the use of the Service, the Administrator shall be obligated to compensate the Company for all said damage, and shall indemnify the Company in any event.
2. In the event that the Administrator suffers damages in the use of the Service, the Company shall compensate the Administrator for such damages only when such damages are directly and ordinarily caused by reasons attributable to the Company. In this case, (except in the case of willful misconduct or gross negligence on the part of the Company) the maximum amount of damages to be compensated by the administrator to the Company shall not exceed 1,000 yen in any case.

 

Article 15 (Agreed Jurisdiction, Governing Law)

1. In the event that a dispute arises between the Administrator and the Company in relation to these Terms of Service or the Guidelines, etc., both parties shall consult with each other in good faith.
2. Both parties agree in advance that if no resolution is reached through consultation in accordance with the preceding paragraph, a trial shall be held in the district court having jurisdiction over the Company’s head office.
3. The Administrator agrees in advance that these Terms of Service and Guidelines shall be governed by and construed in accordance with the laws of Japan.

 

 

Article 16 (Modification of these Terms of Use)

The Company may modify the Terms of Service at any time in any of the following cases. In such cases, the modified Terms of Service shall apply to the provision and use of the Service after the Terms of Service have been modified.

1. If the modification of these Terms and Service is compatible with the interests of the Administrator.
2. The modification of the Terms and Service is not contrary to the purpose for which the agreement was made and is reasonable in light of the necessity of the modification, the reasonableness of the modified content and its contents, and other circumstances pertaining to the modification.

 

In the event of any modification of these Terms of Service, the Company shall specify the effective date of the modification and shall make the Administrator aware of the contents of the modified Terms of Service and the effective date of the modification by posting on the Company’s website or by e-mail or by any other method the Company deems appropriate to announce or notify the Administrator before the effective date of the modification.

 

【[Established: January 10, 2024】