Terms of Service

Zenmov Inc. (hereinafter referred to as "the Company") establishes the following Terms of Use (hereinafter referred to as "these Terms") for customers to use the services operated by the Company (hereinafter referred to as "the Service"). Customers who create an account necessary for the use of the Service or who use the Service are deemed to have agreed to these Terms.

Article 1 (Content of the Service)

The Service provides "Zenmov Services" (including browser-based services and services via smartphone apps, but not limited to these) and other related services. The Company may change the content of the Service or suspend the provision of the Service by notifying the customers in advance (excluding minor changes) and will not be liable for any damages caused to customers as a result of this.

Article 2 (Application for the Service and Usage Period)

1. Customers may apply for the use of the Service by agreeing to these Terms in the manner specified by the Company (including clicking the consent button, but not limited to this), and a contract regarding the use of the Service will be established upon acceptance by the Company. However, if there are significant obstacles in the execution of business or technical aspects in relation to the customer's network environment necessary to accept the application, or if the Company judges it difficult to provide the Service based on the results of the review, the Company may refuse to accept such application.

2. The service period of the Service will be one month or one year from the start date of providing the Service according to the application plan, unless otherwise agreed. However, if neither party provides written notification to the other party regarding refusal of extension of the service period one month prior to the expiration of the service period, the service period will be extended for the same period, and this will continue thereafter.

3. Unless otherwise stipulated, cancellations of the Service after application or early termination during the service period are not allowed. However, it will be possible to terminate the Service during the service period by paying the amount of the Service usage fee as a cancellation fee in the manner determined by the Company (this applies even if payment has already been made and will not be refunded).

Article 3 (Usage Fees and Payment Methods)

1. Customers shall pay the fees separately prescribed by the Company for the use of the Service in the method specified by the Company.

2. If customers do not make the payment even after the due date for the service fee and other obligations regarding the Service, they shall pay the Company a delayed interest at an annual rate of 14.6% from the day following the due date until the date of payment.

Article 4 (ID and Password)

1. The ID and password required for customers to use the Service may be provided by the Company as set by the Company, or may be set by the customers themselves.

2. Customers shall be fully responsible for the use and management of the set ID and password, and must not allow third parties to use or transfer them.

Article 5 (Acknowledgment of Terms)

1. Customers shall acknowledge the following matters when using the Service.

1. The results brought about by the customer's use of the Service are the customer's own responsibility.

2. If the customer causes damage to a third party while using the Service, they shall compensate for such damage at their own responsibility and expense, resolving any disputes with the third party without causing any inconvenience to the Company.

3. The Company shall not be liable for any damages incurred by the customer arising from the use of the Service, except when such damages are caused intentionally or by gross negligence on the part of the Company.

4. If the customer violates these Terms and causes damage to the Company, the Company may claim damages from the customer.

5. If the customer violates any provisions of these Terms, the Company may take necessary measures, including deleting information provided by the customer, without prior notice.

6. The Company does not guarantee or represent the accuracy, completeness, legality, or other aspects of the information provided to customers through the use of the Service. Moreover, by using the Service, customers may encounter unpleasant, harmful, inaccurate, or inappropriate information, and the Company will bear no liability for any damages incurred by the customer or any third party as a result of such encounters.

7. Customers are prohibited from using the Service or its secondary use for purposes not approved by the Company.

Article 6 (Prohibited Acts)

1. Customers must not engage in any of the following acts while using the Service.

1. Acts that infringe or are likely to infringe the rights or property of the Company (including its employees), other customers, or third parties.

2. Acts that defame the Company (including its employees), other customers, or third parties, or their products or services.

3. Acts that violate privacy by disclosing personal information of other customers or third parties, such as names, phone numbers, or addresses.

4. Political activities, election activities, or related acts.

5. Acts of proselytizing or soliciting related to specific religions, organizations, or groups.

6. Acts of discrimination based on race, ideology, belief, etc., or promoting such discrimination.

7. Acts of using the Service in a manner exceeding the standards typically assumed by the Company.

8. Acts of using or reproducing information provided by the Service beyond the scope of personal use.

9. Acts of accessing the Service for the purpose of developing or improving products or services that compete with or are similar to the Service (including cooperating in such development or improvement) or for investigating the Service.

10. Acts of using information obtained from the Service for purposes other than the intended profits of the Service.

11. Sending or writing content that is designed to interfere with, destroy, or restrict the function of computer software or hardware, or communication devices, including software, viruses, or other computer codes, files, or programs.

12. Acts that infringe or are likely to infringe the intellectual property rights (including copyright, patent rights, utility model rights, design rights, trademark rights, know-how, and any rights to receive such rights) of the Company (including its employees) or third parties.

13. Acts that disadvantage the Company (including its employees), other customers, or third parties.

14. Acts that violate public order and morals or laws, or acts that are likely to do so.

15. Acts of providing harmful, obscene, or violent information, or information containing such descriptions.

16. Acts that may be linked to criminal activities, or acts that are likely to do so.

17. Malicious acts, discriminatory acts, or other acts that other customers or third parties may find unpleasant.

18. Acts that interfere with the operation of the Service, or acts that damage the credibility of the Company (including its employees).

19. Acts of providing false personal information or impersonating others to provide information.

20. Acts of posting false or misleading content that promotes rumors or misinformation.

21. Acts of altering any or all of the content issued by the Company.

22. Other acts that the Company deems inappropriate.

2. Customers are strictly prohibited from the following acts regarding the contents of the Service (including software related to the provision of the Service).

1. Duplication, distribution, public transmission, modification, adaptation, translation, and creation of other derivative works.

2. Transfer, sale, assignment, or other disposal, reuse authorization, lending, etc., to third parties.

3. Reverse engineering, decompiling, disassembling, and other forms of analysis or examination.

4. Deletion or alteration of displayed copyright notices.

5. Other acts deemed inappropriate by the Company based on reasonable grounds.

Article 7 (Emergency Suspension of the Service)

1. The Company may suspend or interrupt all or part of the use of the Service without prior notice to customers in the event of any of the following.

1. When maintenance of the Service or necessary systems, or unavoidable obstacles related to the maintenance of telecommunication equipment or construction occurs, or when unavoidable failures have occurred.

2. When a significant load or disruption is caused to the Service, making it difficult to provide normal services, or if the Company deems it to be difficult.

3. When the Company recognizes the possibility of significant damage to customers or third parties due to data tampering, hacking, or other actions arising from the provision of the Service.

4. When the provision of the Service becomes difficult due to suspension of telecommunications services by telecommunications operators or other domestic and international telecommunications entities, suspension of electricity supply services by power companies, or other public services.

5. When natural disasters such as earthquakes, tsunamis, typhoons, lightning, epidemics, and war, civil unrest, changes or abolitions of laws, or other unavoidable circumstances occur, or are likely to occur.

6. Other circumstances that the Company determines require suspension or emergency cessation of the provision of the Service.

2. The Company shall bear no responsibility for any damages incurred by customers as a result of actions taken based on the preceding paragraph.

Article 8 (Handling of Intellectual Property Rights)

1. All copyrights and other rights related to the Service are reserved by the Company, and the Company grants customers the non-exclusive right to use the Service in accordance with the provisions of these Terms.

2. Customers retain rights to all content (including customer data, but not limited to this) that they send or display on or through the Service.

3. Customers must not use (duplicate, sell, publish, publicly disclose, etc.) information on the Service beyond the scope specified by law without obtaining consent from the rights holder.

4. In the case where customers transmit information on the Service, they grant the Company the right to use (process, extract, duplicate, publish, translate, etc.) the intellectual property-protected information worldwide, non-exclusively, and free of charge, and agree not to exercise any intellectual property rights, including those related to derivative works, against the Company regarding such information.

5. If customers cause any issues with third parties due to violations of the preceding articles, they shall resolve such issues at their own responsibility and expense.

Article 9 (Reporting of Rights Infringement)

The Company reserves the right to delete information that violates these Terms (including infringement of copyrights or trademark rights and other illegal uses of intellectual property rights, impersonation, illegal acts, or harassment). Reports of violations by legitimate rights holders should be sent to the following address.

Zip Code: 153-0064

7th Floor, Alco Tower, 1-8-1 Shimomeguro, Meguro-ku, Tokyo

Zenmov Inc.

Article 10 (Subcontracting)

1. The Company may subcontract part of the operations related to the provision of the Service to third parties. When subcontracting such operations based on this article, the Company shall require the subcontractor to bear obligations and responsibilities equivalent to those of the Company under these Terms.

2. In the case of the preceding paragraph, the Company shall not be exempt from obligations and responsibilities under these Terms and shall bear liability for normally direct damages actually incurred by customers due to violations and non-fulfillment of obligations by the subcontractor.

Article 11 (Limitation of Liability)

1. Customers agree to access and use the Service at their own risk. Customers understand and agree that the Service is provided "as-is".

2. The Company is not liable for any express or implied guarantees regarding the completeness, accuracy, availability, timeliness, security, or reliability of the Service, damages to the customer's computer system, data loss, or other damages arising from access to or use of the Service, or failures in the deletion, storage, or transmission of content maintained by the Service, nor can the Company guarantee that the Service will meet the customer's requirements or be uninterrupted, secure, or error-free.

3. If disputes arise between customers or between customers and third parties in relation to the Service (including information transmitted by customers), customers shall resolve such disputes at their own responsibility, and the Company shall bear no responsibility for this.

4. The Company shall compensate for normally direct damages actually incurred by customers due to violations of obligations specified in these Terms, but the total of such compensation shall be limited to the total amount of usage fees paid by the customers for the Service. This limit represents the scope of the Company's responsibility for compensation and damages, for reasons not attributable to the Company, including damages arising from special circumstances regardless of foreseeability and lost profits.

Article 12 (Exclusion of Antisocial Forces)

1. Customers and the Company guarantee that neither themselves nor their officers or employees currently belong to organized crime groups, members of organized crime groups, those who have not left organized crime groups for less than five years, quasi-member of organized crime groups, companies related to organized crime groups, so-called social movement activists, or other similar entities (hereinafter referred to as "members of organized crime groups") and will not belong to them in the future.

1. Having a relationship recognized as being controlled by members of organized crime groups in management.

2. Having a relationship recognized as substantially participating in management with members of organized crime groups.

3. Having a recognized relationship that improperly utilizes members of organized crime groups for purposes of obtaining benefits for oneself or a third party or causing damage to a third party.

4. Having a relationship of providing funds or conveniences to members of organized crime groups.

5. An officer or person substantially involved in management having a socially discreditable relationship with members of organized crime groups.

2. If it becomes evident that the other party or its officers or employees belong to organized crime groups or fall under any of the preceding clauses, the parties may immediately terminate the contract based on these Terms without any notification.

Article 13 (Handling of Personal Information)

1. The Service collects users' location information for obtaining map and movement history. The Company will only collect location information in the background if customers have given permission.

2. The Company will utilize personal information obtained from customers and information acquired through the use of the Service (hereinafter referred to as "Usage Information") for the following purposes. Except when justified by the Personal Information Protection Act or other laws, personal information will not be used beyond this scope.

1. To fulfill the Service.

2. To verify the identity of customers.

3. For responding to inquiries from customers or communications about the Service from the Company or partners, advertising, and publicity.

4. To diagnose and resolve technical issues related to specific device models or specific identification information.

5. For system maintenance and addressing glitches.

6. To assist customers in entering data (including displaying registration information, transferring information to other services provided by the Company or partners based on customer instructions, but not limited to this).

7. To confirm that a service that requires login is being accessed by the same customer.

8. For analysis, extraction, etc., aimed at enhancing or improving the content of services and other offerings provided by the Company or partners, or for considering new services.

9. For analyzing service usage patterns, visitor counts, traffic volumes, and for diagnosing technical problems or maintaining security, personalizing content, etc.

10. To refuse service to those who have caused disadvantage or damage to the Company or third parties, breached these Terms, or who attempt to use the Service for illegal or wrongful purposes.

11. For sending and providing information about content and various services provided by the Company or partners.

12. For research, statistics, and analysis related to marketing data.

13. For the development of new services or new features.

14. For promoting or improving businesses other than the Service at the Company.

15. For conducting surveys.

3. The Company will share personal information and Usage Information obtained from customers as follows.

(1) Items of personal information to be shared:

Name, date of birth, gender, address, phone number, email address, usage history of the Service (including date of use, details of service used, point history, etc.), cookie information, etc.

(2) Scope of joint users:

- The Company's affiliated companies

- Broadleaf Co., Ltd.

(3) Purpose of joint use:

Same as paragraph 2.

(4) Name of the individual responsible for managing shared personal information:

- Zenmov Inc.

(5) Method of acquisition:

Input forms on the web, electronic records accumulated through the use of the Service, etc.

4. The Company will not provide personal information or Usage Information obtained from customers to third parties except in the following cases.

1. When consent from the customer (the individual) has been obtained.

2. When dictated by law.

3. When necessary to protect a person's life, body, or property, and it is difficult to obtain the consent of the customer (the individual).

4. When it is especially necessary to enhance public health or promote the healthy development of children, and obtaining the consent of the customer (the individual) may impede the execution of the affairs.

5. When it is necessary to subcontract to a third party within the scope required to achieve the purpose.

6. In the case of business succession due to merger or other reasons.

7. In the case of joint use as stated in paragraph 3.

5. For other information regarding the Company's efforts to protect information, please refer to the "Privacy Policy" and "Handling of Personal Information" listed on the Company's website

(https://www.zenmov.com/).

Article 14 (Confidentiality)

The Company and customers must not use any information disclosed by the other party related to this Service (hereinafter referred to as "Confidential Information") for purposes other than those stipulated in these Terms, nor disclose such Confidential Information to third parties (excluding officers and employees who have a need to know such information, and professionals bound by confidentiality obligations such as lawyers, certified public accountants, and tax accountants) without prior written consent from the other party. However, the following information is not included in Confidential Information.

1. Information that had already been possessed by the receiving party (the party receiving the disclosure of Confidential Information from the other party) at the time of disclosure.

2. Information that was already public at the time of disclosure.

3. Information that becomes public after disclosure without any fault of the receiving party.

4. Information that the receiving party lawfully obtained from a third party without incurring confidentiality obligations.

5. Information developed or obtained by the receiving party independently without relying on Confidential Information received from the other party.

Article 15 (Termination)

1. Customers or the Company may immediately terminate the utilization contract regarding the Service without any notice if the other party falls under any of the following items.

1. If they violate any of the terms and conditions in these Terms.

2. If there are false or misleading statements in the application matters.

3. If they disrupt the execution of the Company's business or engage in acts that are likely to do so.

4. If they are subjected to bankruptcy, corporate rehabilitation proceedings, civil rehabilitation proceedings, or if there are circumstances that may reasonably be judged as a credit crisis.

5. In the case of petitions for provisional seizure, provisional disposition, compulsory execution, auction, etc., or receiving notifications regarding the law on registered mortgage contracts set forth in Article 2, or receiving treatment for tax arrears or other arrears, or if circumstances arise that lead to a credit crisis related to those petitions, dispositions, or notifications.

6. If there has been an inability to communicate with the customer for a long time via telephone, fax, or email.

2. If the contract regarding the use of the Service is terminated due to items 1 to 3 of the preceding paragraph, customers must pay the Company the Service usage fee until the period of the Service ends as a penalty, in the manner determined by the Company. The stipulations regarding the penalty do not impede the Company's claims for damages against the customer.

3. Neither customers nor the Company shall bear any responsibility for damages incurred by the other party due to termination based on the first paragraph.

4. If any of the reasons in the first paragraph occur, customers shall automatically lose the benefits of payment deadlines for all obligations to the Company without any notification from the Company, and must immediately pay all debts in full.

Article 16 (Prohibition of Transfer)

Customers shall not transfer, lend, lease, collateralize, or engage in any other actions regarding their rights and positions under these Terms.

Article 17 (Governing Law and Jurisdiction)

1. The governing law of these Terms shall be Japanese law.

2. In the event of disputes related to the Service, the Tokyo District Court shall be the exclusive court of first instance.

Article 18 (Amendment of these Terms)

The Company may amend these Terms without requiring prior customer approval or post-notification, and the amended Terms shall take effect from the point they are displayed on the Company's website.

Date of enactment: September 9, 2024

Notation based on the Act on Specified Commercial Transactions

Business Name

Zenmov Corporation


Representative

Representative Director Kiyoshi Tanaka


Location

〒153-0064

Alcotower 7th Floor, 1-8 Shimomeguro, Meguro-ku, Tokyo


Contact Information

Phone: 03-4334-8445

Email: info@zenmov.com


Service Usage Fees

Free Service: There are no usage fees.

Paid Service: Usage fees will be displayed on our website.


Other Necessary Charges Aside from Service Usage Fees

Additional communication charges will apply to the contracted telecommunications provider for internet connection.


Payment Timing

At the time of service application


Payment Method

Credit card payment


Service Usage Period

Unless there is a separate agreement, the service period will be one month or one year from the start date of providing this service, depending on the application plan. However, if neither party provides written notice to the other rejecting the extension of the service period one month before the expiration of the service period, the service period will be extended for the same duration, and this shall continue thereafter.


Regarding Cancellation or Termination of Application

Cancellations after applying for this service or early termination during the service period are not permitted. However, by paying the service fee as a cancellation fee in the manner specified by us before the expiration of the service period (payments already made will not be refunded), early termination during the service period can be accomplished.


Operating Environment

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