Article 1 (Application of Terms and Conditions)
These terms of use (hereinafter referred to as “Terms of Use”) shall apply to Mia, a communication robot (hereinafter referred to as “Product”) operated and provided by EarBrain Inc. (hereinafter referred to as the “Company”) operates and provides the communication robot “Mia” (hereinafter referred to as the “Product”) and services related to the Product (hereinafter referred to as the “Services”). (hereinafter referred to as “the Company”), and services related to the Product (hereinafter referred to as “the Services”). The following terms and conditions apply to all relationships arising from the use of the communication robot “Mia” (hereinafter referred to as the “Product”) and services related to the Product (hereinafter referred to as the “Services”) operated and provided by the Company. Please also refer to the Product User’s Manual for more information on the Product.
The terms and conditions of use and various regulations separately stipulated by us apart from this Agreement constitute a part of this Agreement, and upon using the Product and the Service, the person using the Product and the Service (hereinafter referred to as the “User”) (“User”) agrees to all of the above terms and conditions.
In the event of any discrepancy or contradiction between the provisions of this Agreement and the Terms of Use and other various provisions set forth in the preceding paragraph, the provisions shall take precedence over the other provisions, this Agreement, and the Terms of Use, in that order. In addition, except in cases where the provisions of this Agreement differ or contradict the contents of the Terms of Use and the various provisions in the preceding paragraph, this Agreement and the other terms and conditions shall be superimposed and applied.
Notices given by us to users as specified in Article 3 shall constitute a part of these Terms and Conditions.
Article 2 (Modification of Terms and Conditions)
We may change these Terms of Use by posting the changes on the Service, by sending individual e-mails, or by other appropriate means, and by notifying the public of the contents of the changes and the timing of the changes. In such cases, the terms and conditions of use of the Products and Services shall be governed by the amended Terms of Use.
The revised Terms of Use shall apply to the Services (regardless of form, including websites and applications, etc.; the same hereinafter) unless otherwise specified by the Company. The same shall apply hereinafter). The user shall confirm the revised Terms of Use at his/her own responsibility.
Users may not file a claim of disapproval or ignorance of changes to these Terms of Use with us.
Article 3 (Notification from the Company)
We will notify users of necessary matters (including notices of new services and distribution of advertisements) from time to time by posting notices on the service, sending e-mails, or by other methods that we deem appropriate. We will also notify users of the Products and the Services. Users shall be deemed to have consented to receive such notifications from us from the time they start using the Product and the Service.
If you wish to unsubscribe from our notifications, you must follow the procedure for unsubscribing from notifications on the Service. However, in the case of notifications that are important for the operation of the Service, we may provide such notifications regardless of such settings. The notice in the preceding paragraph shall become effective when we post the notice on the Service, or when we send the notice by e-mail, it shall become effective when we send the e-mail.
The user shall designate the e-mail address registered as the ID, etc. in Paragraph 1 of the following Article as the e-mail address for notification and communication from our company to the user. Except as otherwise stipulated in these Terms and Conditions, we shall give notice to the user of our intention or communication of facts by sending our e-mail to said e-mail address.
Article 4 (Registration)
If you wish to use the Product and the Service, you shall, upon agreeing to the terms of this Agreement, register your Mia Application (a smartphone application for users to use the Product and the Service; hereinafter referred to as “Mia Application”) ID and password (hereinafter referred to as “ID, etc.”) in a manner prescribed by us. ) ID and password (hereinafter referred to as “ID, etc.”) for the Mia Application (a smartphone application for users to use the Product and the Service) shall be registered in the manner prescribed by us.
No corporate entity may register IDs, etc. for this service, unless otherwise approved by us.
Minors shall obtain the consent of their parents or a person with parental authority when using the Product and the Services.
The Company reserves the right to deny use if any of the following conditions apply to the user
(1) If you have registered your ID, etc. without following the method described in Paragraph 1 of this Article.
(2) The applicant is a person who has received some kind of disciplinary action for violating these Terms and Conditions in the past.
(3) If you have received any disciplinary action for other services provided by us.
(4) Antisocial forces, etc. (meaning organized crime groups, violent groups, right-wing groups, antisocial forces, and other similar persons. The same shall apply hereinafter), or maintain, operate or manage antisocial forces, etc. through funding or other means. (4) The Company determines that the applicant is an Anti-Social Forces, etc. (meaning organized crime groups, violent groups, right-wing groups, Anti-Social Forces, etc., or other similar persons.
(5) In any other case that we deem inappropriate.
Article 5 (Management of IDs, etc.)
The User shall provide the prescribed information (including but not limited to ID, etc.) necessary to use the Product and the Service. The User shall endeavor to prevent unauthorized use of the prescribed information (including but not limited to IDs, etc.; hereinafter referred to as “Registration Information”) necessary for the use of the Product and the Service, and shall take full responsibility for its management. The user shall endeavor to prevent unauthorized use of the prescribed information (including but not limited to ID, etc.) necessary for the use of the Product and the Service, and shall take full responsibility for its management. If we determine that there is an error in the Registration Information, we may request the user to correct it. In such a case, the user shall respond appropriately.
Users may not, under any circumstances, transfer or lend their IDs, etc. to any third party. In addition, the user’s rights under these Terms and Conditions shall not be inherited.
When an ID, etc. is used for the Product and the Service, the user who possesses the ID, etc. is deemed to have used the Product and the Service.
A user may register only one ID, etc. for each Product.
Article 6 (Contents of this Service)
The contents of the Service shall be posted on the Service. We reserve the right to change the contents of the Service without prior consent of the user.
Article 7 (License of Application, etc.)
We hereby grant you a non-transferable, non-exclusive license to use the software contained in the Product and the application for the Service (collectively, the “Application”). However, this Agreement does not grant you the right to use any future upgrades to the Application that may be developed.
We may change the functions or specifications of this application without notice to the user. We may, for our own reasons, restrict or discontinue the use of some or all of the functions of this application, or suspend or terminate the provision of this application. We shall not be liable for any damages incurred by users due to changes to this application, limitation or discontinuance of use, or suspension or termination of provision, except for reasons attributable to us.
We do not guarantee any operation, fitness for a particular purpose, accuracy, or reliability of the results of use of this application, and we shall not be liable for any defects in any content, except for reasons attributable to us.
Users shall not reproduce, reprint, or redistribute this application or information in this application without prior written consent from us. Users shall not modify, change, alter, reverse engineer, decompile, or disassemble this application. However, with respect to any open source software included in this application, you shall comply with the license terms of such open source software, and we shall not be liable for such open source software.
This application may connect to the network and communicate at regular intervals. In such cases, a separate communication fee will be charged.
The firmware program data and related document files, etc. required for the display and operation of this application may be automatically changed or updated without notice.
When connection to the network is not possible due to moving out of range, etc., or when communication is not possible inside a building, behind a building, etc., while this application is running, use of this application may become temporarily unavailable.
Communication fees will be charged separately for downloading this application.
Article 8 (Usage Fees, etc.)
In order to use the Product and the monthly fee-based services (such as weather notifications, health advice, calendar reminders, etc.) provided by the Service, you must pay the monthly usage fee (hereinafter referred to as the “Usage Fee”) as specified by our company. The use of the monthly fee-based services is subject to the monthly usage fee specified by us (“Usage Fee”). By using the monthly charged service, you will be able to use the paid functions of the Product.
You shall register a means of payment for the usage fee in a manner prescribed by us before using the monthly paid service.
The usage fee shall be paid in advance for January by the means of payment registered in the preceding paragraph on the date of application or on a date separately designated by the Company, and the fee for the following month shall be paid on the same date (or, if no such date exists, on the date immediately preceding such date).
When terminating the use of the monthly fee-based service, the customer shall complete the cancellation procedure in the manner prescribed by the Company no later than two days prior to the payment date of the usage fee set forth in the preceding paragraph.
In the event of cancellation in accordance with the preceding paragraph, the monthly paid service will no longer be available. In addition, we do not guarantee that we will retain any information (including health data) regarding such user within the monthly fee-based service.
In the event that the payment of the usage fee in Paragraph 3 is not made by the means of payment (credit card, etc.) registered in accordance with Paragraph 2, the monthly paid service will no longer be available. If payment of the usage fee is resumed by changing the payment method, etc., and payment of the unpaid amount to the Company and the interest for the delay stipulated in Article 9 is confirmed, use of the service may be resumed from the time specified by the Company in the manner specified by the Company.
Notwithstanding the provisions of Paragraph 6, if we deem that the suspension or delay of payment of the usage fee has been made without reasonable cause, such as repeated or repeated suspension or delay of payment, we may suspend the monthly paid service or any use of this service including monthly paid service.
The paid usage fees shall not be refunded under any circumstances, except as required by law.
Article 9 (Interest on Delayed Payment)
In the event that a user delays payment of the usage fee beyond the due date, the user shall pay to us an amount of interest for the delay calculated at the rate of 14.6% per annum for the number of days from the day following the due date to the day before the payment date.
Any bank transfer fees or other costs necessary for payment under the preceding paragraph shall be borne by the relevant user.
Article 10 (Responsibilities and Duty of Care of Users)
Users shall use the Products and Services at their own risk.
Users shall indemnify and hold us harmless from any and all disputes, claims for damages, etc. arising from falsification of registration information, unauthorized viewing of personal information, etc. due to circumstances attributable to the user, such as theft of registration information by a third party.
In the event that a user causes damage or loss to a third party through the use of the Product or the Service, the user shall handle and resolve such damage or loss at the user’s own responsibility and expense, and we shall not be liable for any such damage or loss.
In the event that a user causes damage to our company or a third party due to a violation of these Terms of Use, an illegal act, or negligence, our company may make a claim for compensation for damages against the user in question.
Users and third parties are solely responsible for their own actions and the results of their actions in using the Product and all information, including profiles and health data, that can be entered in the Service (“User Content”). Users and third parties shall be solely responsible for any and all actions taken and the results of such actions in using the Products and the profiles, health data, and other information that can be entered into the Services (“User Contents”). Users shall properly manage their own User Contents.
Users are requested to contact us regarding the Product and the Service by submitting an inquiry form that will be placed at an appropriate location on the website operated by our company or by any other method designated by our company.
Article 11 (Deletion of ID, etc.)
If a user wishes to delete his/her ID, etc., said user shall delete his/her ID, etc. by the method prescribed by us.
We may, at our discretion, forcibly delete your ID, etc. and refuse your use of the Product and the Service if any of the following items apply
(1) When it becomes clear that IDs, etc. were registered without following the method described in Article 4.1.
(2) In the event of a violation of these Terms and Conditions
(3) If you have been punished in any way for other services provided by us
(4) When we deem it inappropriate to do so.
We shall not be liable for any damage caused by the deletion of IDs, etc. pursuant to this Article, except for reasons attributable to us.
Article 12 (Suspension of Use)
If we recognize that a user has committed an act in violation of these Terms of Use, we may suspend the use of all the Services being offered without notice to the user in question.
In the event of suspension of the Service pursuant to the preceding paragraph, we may immediately suspend access to the Service by the user in question without refund of the usage fee.
Article 13 (Operating Environment)
All telecommunications equipment, means of communication (including, but not limited to, Internet communications such as Internet connection service provider fees and telecommunications costs), electric power, and terminal equipment such as smartphones, etc., necessary to use the Product and the Service shall be provided at the User’s own expense and responsibility. The user shall provide all necessary environment including, but not limited to, telecommunication equipment, telecommunication means (including, but not limited to, internet communication such as internet connection service provider fees and telecommunication costs), electric power, and terminal equipment such as smartphones at the user’s own expense and responsibility.
We shall not be responsible for the environment described in the preceding paragraph for the use of the Product and the Service by the User, nor shall we be responsible for providing advice or support for the development of the connection environment.
Article 14 (Prohibited Acts)
We prohibit the following acts in the use of the Product and the Service by the User. If a user commits any of these prohibited acts, we may restrict the use of the user who commits the prohibited act without notice to the user. However, we shall not be obliged to provide any explanation for such restrictions.
(1) Any act that we deem to be in violation of these Terms and Conditions
(2) Acts that we deem to be in violation of laws, regulations, ordinances, or other enactments
(3) Impersonating a third party, or using the Service under the name of a person other than oneself, or pretending to have authority to represent or act on behalf of another even though one does not have such authority, or using the Service under the false pretense of having a partnership or cooperative relationship with another person or organization
(4) Actions that infringe or may infringe on the rights of us, other users, or third parties
(5) Infringement of intellectual property rights owned by us or a third party, or inducing infringement of copyrights
(6) Reproducing, duplicating, modifying, storing, forwarding, or reselling the Content, etc. specified in Article 16 without the Company’s permission.
(7) If the User is a minor, the act of using the Product and the Services without the consent of a parent or guardian or a person with parental authority
(8) Transferring all or part of the rights and obligations related to the Products and use of the Services to a third party
(9) Interfering with or defaming the operation of this service
(10) Falsifying information provided through the Products or the Services
(11) Transferring data in a volume that we deem may interfere with the operation of the Service, or burdening the server (e.g., unauthorized continuous access)
(12) Modifying, altering, modifying, reverse engineering, decompiling or disassembling the Products or Services (excluding open source software)
(13) Use of the Product and Services for commercial purposes contrary to the purpose of the Product and Services without our prior approval.
(14) Actions aimed at creating a system similar or identical to the system of the Product and the Service by using input data to the Product and the Service and output result data from the Product and the Service.
(15) Political, religious, or criminal activities, or any activities connected therewith
(16) Acts similar to the preceding items
(17) Other acts that we deem inappropriate
Article 15 (Use and Storage of User Contents, etc.)
We shall check and use each of the following registration information and user contents in the Product and the Service within the scope of the following purposes of use.
(1) Registration Information and User Contents
Usage information: date and time of use, health data, statistical data such as number of functions used
Status information on the product: charging status, Internet connection status, firmware version, etc.
Profile information: Nickname, date of birth, city information, etc. set by the user
Other information: email address, web cookie information, IP address, user agent
(2) Purpose of use
For the appropriate operation of this service (prevention of unauthorized use, investigation and response to service failures and malfunctions, etc.)
To diagnose malfunctions of this product and to provide maintenance and repair services
To improve the functionality, develop new features, and enhance the quality of the Product and the Service
To measure, analyze, and improve the use of the Products and Services
To provide the best information and content
To record login sessions (web cookies)
(3) Supplementation
Users shall be responsible for storing and backing up the text and other data that comprise the User Content they have created. We do not guarantee the storage and backup of such data.
Users shall indemnify and hold us harmless from and against any and all claims, disputes, and claims for compensation for damages arising out of the loss of data stored in the Product and the Service or the cessation of server operation, except in cases where such claims, disputes, and claims for compensation for damages are caused by reasons attributable to us.
In the event that a user provides feedback, suggestions, questions, etc. to us regarding the Product or the Service, we shall be free to use and utilize such feedback, suggestions, questions, etc. in our own unique way without any obligation of explanation to the user.
Article 16 (Rights to the Product and Services)
Except for User Content, all rights (proprietary rights, intellectual property rights, rights of likeness, and rights of publicity) in and to the Product, the functions provided by the Service, and the Service (collectively, the “Content, etc.”) belong to us or a duly authorized third party. All rights (ownership, intellectual property rights, portrait rights, and publicity rights) to the Product, the functions provided by the Service, and the Service (collectively, the “Content, etc.”), except for User Content, belong to us or a third party with legitimate authority.
Users may use the Content, etc. to the extent necessary to use the Product and the Service. However, we do not license or transfer any rights to the Content to you.
Article 17 (Suspension of Provision of the Service)
We may temporarily suspend provision of all or part of this service without prior notice to users in any of the following cases. Even if damage is caused to the user or a third party as a result of such suspension, we shall not be liable for any damage except for reasons attributable to us.
(1) When maintenance or construction of facilities for this service is unavoidable
(2) When there is a failure of the facilities for this service and it is unavoidable
(3) In the event of a natural disaster, war or other force majeure, or other emergency, or in the event of a threat of such an emergency.
(4) In case of unavailability of telecommunication services due to telecommunication services provided by registered telecommunication carriers or other telecommunication carriers.
(5) When we deem it necessary to temporarily suspend the service for operational or technical reasons.
Article 18 (Termination of this Service)
We may, at our discretion, terminate all or part of this service to users by notifying them with a notice period of 60 days or more.
In the event of termination of all or part of this service in accordance with the preceding paragraph, we shall not compensate or indemnify users for any damage, loss, or other expenses incurred as a result of such termination, except for reasons attributable to us.
Article 19 (Compliance with Privacy Policy)
We will protect personal information appropriately and comply with the “Privacy Policy” that we have established separately.
Article 20 (Assignment of Rights, etc.)
The User may not transfer, assign or otherwise dispose of any rights or obligations under these Terms and Conditions to any third party, except as provided in these Terms and Conditions.
In the event that our company transfers the business related to this service to a third party, our company shall be able to transfer the position on this agreement, rights and obligations based on this agreement, user information, and all other information to the transferee of said business transfer in conjunction with said business transfer, and the user shall agree to said business transfer in advance. The user shall agree in advance to such business transfer. Such business transfer shall include not only ordinary business transfers, but also corporate divestitures and any other cases in which business is transferred.
Article 21 (Outsourcing)
We may outsource part or all of the provision of the Product and the Service or related operations to a third party, and the User agrees to this in advance.
Article 22 (Disclaimer)
We shall not be liable for any damage or loss incurred by the user in the use of the Product and the Service, except in cases where such damage or loss is caused by reasons attributable to us.
We shall not be liable for any damage caused by the use of the Product and the Service to other users or third parties, unless such damage is caused by reasons attributable to us.
We shall make no warranty of any kind regarding the accuracy, authenticity, validity, completeness, usefulness, etc. of the Product and information, including health data, obtained by the user through the Service. In addition, we shall not be liable for any content uttered by the Product, except for reasons attributable to us.
We will not be liable for any damages resulting from actions taken by users under the influence of information including health data provided through the Product and the Service, except for cases attributable to our company.
We do not warrant that the Product and the Service will operate normally or will continue to operate normally in the future, or that the Service will always be available on the Product. In addition, we shall not be liable for any damage incurred by the user as a result of the Product or the Service not operating properly or the Service not being available, unless such damage is caused by reasons attributable to us.
We shall not be liable for any corruption, loss or alteration of the settings or registration information of this product, except for reasons attributable to us.
If you use the Product jointly with other users, you shall allow such other users to use the Product and the Services only after assuring us that they agree to and will comply with the provisions of these Terms of Use. We shall not be liable for any damages incurred by you or such other users due to their use of the Product and Services without agreeing to these Terms of Use.
We shall not be liable for any damage incurred by users in connection with the service, including but not limited to system interruption, delay, discontinuation, loss of data, or unauthorized access to data due to communication line or computer failure, unless such damage is caused by reasons attributable to us.
In the following cases, we may inspect, store, or disclose to a third party (hereinafter referred to as “inspections, etc.” in this section) the usage status of the user in question. We shall not be liable for any damage caused thereby, except for reasons attributable to us.
(1)When our company contacts the user’s e-mail address registered as the user’s Mia Application ID to request consent for viewing, etc., and any of the following items applies.
(a) When the user concerned has consented to the viewing, etc.
(b) When the user’s response to the refusal has not reached us within 7 days after we have contacted the user to request consent for access, etc. However, this excludes cases where an emergency and unavoidable reason arises.
(2)When necessary to clarify and resolve the cause of technical malfunctions of this service
(3)When we receive an official inquiry from a court of law, the police, or other public institution in accordance with laws and regulations.
(4)When we deem it necessary to check the user’s usage status due to an act that violates or may violate these Terms of Use.
(5)When we determine that there is an imminent danger to the life, body, or property of a person and that there is an urgent need to do so.
(6)When it is necessary for the proper operation of this service.
If we have reasonable grounds to believe that a user has committed or may commit an act that violates or may violate these Terms of Use or other agreements, we may restrict the use of the user who has committed such an act, but we shall not be liable for any damages resulting from such an act except for reasons attributable to us. However, the Company shall not be liable for any loss or damage arising therefrom, except in cases where such loss or damage is caused by reasons attributable to the Company.
Notwithstanding anything in this Agreement to the contrary, in no event shall we be liable for any of the following damages in connection with the Product or the Service
(1) Damages arising from reasons beyond our control
(2) Damage arising from special circumstances, whether or not foreseen by us.
(3) Damages caused by acts essential to the provision of this service, such as server maintenance
Our liability for the provision of the Product and the Service shall be limited to the matters and contents set forth in these Terms and Conditions, except in the case of willful misconduct or gross negligence on our part, and we shall not be liable for damages incurred by you due to special circumstances, lost profits, damages based on compensation claims made by a third party to you, or other damages resulting from the interruption or termination of the Service. In no event shall we be liable for any damages resulting from the user’s inability to use the Product or the Service due to the interruption or termination of the Service.
In the event that a user suffers damages due to reasons attributable to our company in relation to the Product and the Service, our company shall be liable for damages up to the amount of one month’s fees paid by the user to our company for the Service. However, this excludes cases of willful misconduct or gross negligence on our part.
We do not guarantee the operation of any equipment or software used by the user, except those provided by us.
Users shall be responsible for managing any connection fees charged by telephone companies or various telecommunications carriers incurred in using the Product and the Service, and we make no warranty of any kind.
Article 23 (Claim for compensation for damages)
If a user causes damage to our company by violating these Terms of Use or by using this service illegally or illegally, our company may demand reasonable compensation for damages (including attorney’s fees) from said user.
Article 24 (Governing Law)
These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan.
Article 25 (Court of Jurisdiction)
If any dispute arising out of or in connection with these Terms and Conditions is not resolved through mutual consultation in good faith, the Tokyo Summary Court or the Tokyo District Court shall have exclusive jurisdiction as the court of first instance, depending on the amount of the dispute.
Article 26 (Miscellaneous)
Even if any part of these Terms and Conditions is determined to be invalid under the law, the other provisions shall remain valid.
If any part of these Terms and Conditions is held invalid or revoked in relation to one user, these Terms and Conditions shall remain valid in relation to the other users.
[Established on March 20, 2024