Smooz Terms of Use

Smooz Terms and Use (referred to collectively as the “Terms”) is intended to define the terms and conditions of Smooz provided by Astool Inc. (referred to collectively as the “Company” below). The service provided by the Smooz application will be referred to as “Service” hereinafter. Also, users of this Service will be referred to as “User”. To use the Services, users must first agree to the Terms. Users may not use the Services if they do not accept the Terms.

Alterations of Terms and Use

The Company may change the Terms of Use from time to time without prior approval of the users. The revised Terms will be take effect as soon as the Terms and Use is published on the service. The Company will treat the users, who use the service after the revision of the Terms, as acceptance of the Terms and Use.

Use of Personal Information

Provided that the personal information is in accordance with the Privacy Policy, the Company will use personal information of the users.

Condition of Use

To use the Service, it is necessary for the Users to have an iOS device. However, even with this condition, the Service may not perform correctly.

Copyright

  •       Copyright and other property rights of the Service are property of the Company.
  •       Copyright and other property rights provided through the Service are property of a third party with legitimate authority.

Prohibitions

While in use of the Service, Users are not permitted to take following actions.

  •       Infringement of copyright and other property rights of the Company or a third party
  •       Actions that are prohibited by laws, regulations and public order
  •       Affecting other Users or third-party in a negative manner
  •       Behaviors or actions that hinder the operations of the Service
  •       Actions that may damage the reputation of the Company
  •       Reverse engineering, disassembly or decompiling of the software
  •       Unauthorized access to the Internet server, which is used to provide the software information and the Service, to illegally rewrite or delete stored information.
  •       Act of transmitting harmful computer programs such as viruses, malware, etc to the Company’s facilities.
  •       Intentionally overloading the Company’s servers and facilities
  •       Other activities that the Company deems inappropriate and harmful

Suspension of Usage

If the user violates any of these following prohibitions without an official consensus from the Company, the Service will be immediately suspended for that particular user. Furthermore, when the license of the Service expires, the user must destroy all programs and data related to the Service effective immediately.

  •       When the user has infringed any provisions of the agreement
  •       When the user has breached Copyright Law or Patent Law of the Service, or any other laws or regulations

Temporary Suspension and Termination of Service

The Company has the rights to temporarily suspend or terminate the Service to the users without any prior notice if any of the following provisions are met.

  •       Emergency maintenance of the equipment of the Service
  •       Internet connection issues
  •       When internet facility of the Company’s Internet Service Provider fails
  •       When our telecommunication operator discontinues the provision of its service, causing difficulty for our Company to provide the Service
  •       During operational and technical difficulties
  •       In the case of fire or power outage
  •       Natural disaster, war, riot, civil war, establishment and abolition of new and old laws and regulations, industrial, transportation or communication accidents that prevents the Company from maintaining the Service
  •       The Company is not responsible for the damage or loss caused towards the users or the third party from any of the situations mentioned above

 

Service Change

Without prior notice, the Company may change, suspend, or terminate the service.

Disclaimer

Use of the Service solely dependent on the judgements of the user and it is available on the consent of the following clauses, therefore the Company will not claim responsibility of any loss or damage caused to the user.

  •       The Company will not take responsibility of any damage caused by suspension of the Service.
  •       The Company does not warrant the accessibility and compatibility of the Service
  •       The Company does not guarantee integrity, accuracy, legality or practicality from the information obtained through the Service.
  •       The Company is not responsible for any losses or damage produced from unexpected failure or decline in the speed of the Service.
  •       The Company is not accountable to any damages yielded from alteration, suspension, or termination of the Service

Liability for Damages

  •       If the actions of the user incur any losses, or there are claims from other users or a third party that results in a loss, the Company has the right to appeal for a compensation of the damage. The requested sum of money must be paid immediately by the user.
  •       Losses caused from disputes between users and third parties must be compensated to the Company.
  •       If the user violates our rights or hinders our profits during the usage of the Service, the Company is entitled to demand compensations from the user.

Governing Law

The establishment, efficacy, implementation, and resolution of the agreement will be in accordance with the Japanese law.

Judicial Jurisdiction

The laws of Tokyo District Court will apply to any disputes arising out of or relating to these terms or the Services.

2016 / 6 / 1

Astool Inc.