This Application is a medical / health information provision application, and Answer Information / Information provision in this Application is not a medical practice. Users should use this App at their own risk and consult with medical institutions based on their own judgment as necessary. Please note that We are not liable for any damages incurred in connection with the Information on this Application or the use of this Application, except as provided in Article 10.
Article 1 Definitions
- “this App” or "this Application" refers to the “Loquat” medical / health information provision application We operate,and it is a service that provides Information about skin concerns and questions, by experts.
- “Information” refers to texts, sounds, images, software, programs, codes and other information that can be accessed through this Application.
- “User Information” means any information that the User provides to us when using this Application.
- “Answer Information” means all information that We provide to Users while using this Application.
- The User shall use this Application in accordance with the provisions of this agreement.
Article 3 Contents of this Application
- We will consult and provide information on Users’ skin concerns and questions through this App.
- This Application is a medical / health information provision service, and does not fall under the practice of medical care for Users (including those prescribed in the Medical Practitioners’ Act and those that can be regarded as socially common). Users should consult with medical institutions as necessary based on their own judgment.
- We may be able to change, suspend or delete part or all of the contents of this App without any prior notice to the User for any reason. However, when the App is to be deleted, we will notify the User in advance or notify them on this App or website in a manner we deem appropriate.
Article 4 Charges
- The User is charged for usage to consult skin concerns and questions. The charges are listed on the screen and the User shall pay the charges using the payment method specified by us.
Article 5 Information Handling
- We may use information of User to Our Company as statistical information, in a form that cannot identify an individual, at Our Company's discretion. User shall not object to this.
- When the User uses this Application, personal information entered on Apple's iPhone / iPad (R) application software download site “AppStore” (hereinafter referred to as “AppStore”) is managed by Apple. Any doubts or disputes regarding the personal information shall be resolved between the User and Apple, and no claims or complaints shall be filed against us. If the User suffers from any damage, due to personal information disclosure by Apple to third party, We will not be liable for any damages.
- When using this Application, the personal information entered on the Google Play site (hereafter referred to as “Google Play”) for downloading application software for Android OS smartphones or tablets is managed by Google. Any doubts or disputes related to the personal information shall be resolved between the User and Google, and no claim or complaint shall be filed against us. If the User suffers from any damage, due to personal information disclosure by Google to third party, We will not be liable for any damages.
Article 6 Rights Attribution and Information
- All rights (Ownership rights, intellectual property rights, portrait rights, publicity rights, etc.) with respect to this Application and the Information belong to us or a third party having such rights. In addition, we grand users a non-exclusive use right of this Application that cannot be transferred or re-licensed.
- The Company shall not be obligated to back up User Information and Answer Information provided.
- In cases in which, We find that the User violates or show tendency to violate the law or the terms, or We deem necessary for busisiness , We delete User Information or Answer Information without notifying the user in advance.
Article 7 Prohibited matters
When using this Application, the User shall not perform any action that falls under any of the following items or what we deem falls under any of the following items.
- Acts that violate the law or are related to criminal acts.
- Reproduction, duplication, modification, or any other acts of secondary use of what this Application provides as Information or Answer Information.
- Lending, selling, redistributing, public transmission, etc. of this Application and making it available to a third party.
- Analysis or modification of this Application by disassembly, decompilation, reverse engineering, etc.
- Acts that infringe on intellectual property rights, portrait rights, privacy rights, honors, other rights or interests of Our Company, other Users of this Application or other third parties.
- Use for commercial or business purposes.
- The act of impersonating a third party.
- Use for any other purpose than viewing Information or Answer Information.
- Actions that place an excessive load on the network or system of this Application.
- Actions that may interfere with the operation of this Application.
- Other acts that We deem inappropriate.
Article 8 User Responsibilities
- The User shall use this Application at the User's own responsibility, and shall assume all responsibility for all actions and results of the use of this Application.
- If We suffers any damage (including attorney's fees) directly or indirectly due to the User's use of the App, the User must immediately compensate in accordance with our request.
Article 9 Disclaimer and Disclaimer of Warranty
- We shall not explicitly or implicitly guarantee that this Application and the Information have no actual or legal defects (safety, reliability, accuracy, completeness, effectiveness, suitability for specific purposes, security flaws, errors, bugs and no infringement). We shall not be obligated to remove such defects if they exist.
- We shall not be liable for any damages caused by the environment of computers, lines, software, etc. used by Users.
- We shall not be liable for any damage to the computer, line, software, etc. caused by downloading from the website of this Application or computer virus infection.
- We shall not be liable for any damages caused to Users due to the use of this Application.
- We shall not be liable for any delays, changes, suspensions, cancellations, abolitions, terminations, loss of information provided through this App, or any other damages related to this App.
- Regardless of paragraph 4 or the previous paragraph, if the contract between The Company and the User concerning this Application (including this Term of Use) is a consumer contract stipulated in the Consumer Contract Law, the disclaimer will not apply. However, even in such case, We shall not be liable for any damages we caused (exclude gross negligence) for Users under any special circumstances (include cases in which We or User foreseen or it was foreseeable for any Users’ damage).
- Compensation for any damage will not exceed what User has paid for the past three months for any situation, unless the damaged was caused by our gross negligence. In addition, We will not be liable to compensate for any incidental damages, indirect damages, special damages, future damages and lost profits.
Article 10 Change / Cancel this Application
- We may change the contents of this Application or terminate the provision for our convenience.
- We shall not be liable for any damage caused to the User based on the measures that We have taken, as per this term.
- If the User uses this App after disclosure of the change, the User shall be deemed to have agreed to the change of this agreement.
- This agreement shall also apply to the updated software when this Application is updated.
Article 12 Contact Method
- We will contact Users regarding this App by posting it to the appropriate location within this App or official website, or any other method We deemed appropriate.
- Users from this Application will contact us by sending an email to the following contact.
[Inquiries for Loquat Inc.] firstname.lastname@example.org
Article 13 Separability
Article 14 Jurisdiction
- If there is any doubt or dispute occurs between the User and Our Company regarding this App, We will discuss it in good faith and resolve it. If not resolved, the “Tokyo District Court” will be the exclusive court of jurisdiction in the first instance.
Article 15 Governing Law
- This agreement and all matters concerning the use of this application shall be interpreted in accordance with the laws of Japan.
※iTunes, iPad and App Store are trademarks of Apple Inc. registered in the United States and other countries. ※Android and Google Play are trademarks of Google LLC registered in the United States and other countries.
Effective date October 1, 2016
Revised date May 8, 2017
Revision date March 26, 2019
Revised date June 21, 2019