Terms of Use for Guinea pig Fit

The Terms of Use of Guinea pig Fit (hereinafter referred to as “the Terms of Use”) are established by the operator (hereinafter referred to as “the Operator”) of the application for guinea pig physical condition management (hereinafter referred to as “the Application”) to set forth the terms of use of the Application.

Article 1 (These Terms and Conditions)

1. This Agreement shall apply to all relationships between the Operator and the person who uses this Application (hereinafter referred to as “the User”) with respect to the use of this Application.
2. The privacy policy (hereinafter referred to as “the Privacy Policy”) separately set forth by the Operator and the precautions regarding this Application shall constitute a part of these Terms.

Article 2 (Eligibility for Use)

1. Those who wish to use this Application (hereinafter referred to as “the Applicant”) may use this Application by agreeing to the Terms of use and the Privacy Policy, downloading this Application and creating a login account by the method designated by the Operator.
2. The User shall manage their login accounts and passwords set up by themselves at their own risk, and shall not lend them to any third party, nor shall they transfer, change the name of their account, set up a security interest in them, except to share them with a family member or other person whom they can control. The Operator shall not be liable for any damage caused as a result of a third party’s use of an account due to the User’s intentional or negligent fault.
3. Notwithstanding Paragraph 1, the Operator may refuse to allow the Applicant to use the account if any of the following is found to apply. In such cases, the Operator shall not be obliged to disclose the reasons for refusal.
   1. In the event that the applicant has violated this Agreement in the past.
   2. When there is a risk of violating Article 8
   3. When the operator determines that the Applicant lacks aptitude as the User in any other way.
4. The User may withdraw from this application by the method designated by the Operator. However, if any debts owed by the User to the Operator remain at the time of withdrawal from the Application, the User shall immediately complete the performance of such debts, and the withdrawal procedure shall not be completed until such completion.

Article 3 (Contents of the Application)

1. The Application supports the User to manage the physical condition of their guinea pigs with the following functions.
   1. Function for recording daily breeding activities
   2. Function to create a list of preferences for guinea pigs to be raised
   3. Function to record the diagnosis or prescription by a veterinarian
   4. Function to record and graph weight data
   5. Other functions developed by the operator
2. The Operator shall store the records (hereinafter referred to as “the Record Data”) generated by the User based on the functions described in the preceding paragraph on the application development platform used by the Operator. However, the storage of the Record Data does not guarantee the longevity or integrity of the Record Data. Therefore, the Operator shall not be responsible for any loss or damage to the Recorded Data for any reason.
3. The Operator provides support through the various functions of the Application, but does not guarantee the health of the User’s guinea pig. For this reason, the Operator shall not be held responsible for any effects (including any positive or negative effects) on the health of the guinea pig that may result from the use of the Application, based on the User’s own responsibility.
4. The User shall be responsible for the preparation, etc. of the User’s own equipment or communication in using this Application, at the User’s own responsibility and expense, and the Operator shall not provide support for such preparation, etc.
5. The User shall not perform any of the following acts in using this Application.
   1. Reverse engineering, such as taking out the source code from the App’s executable file
   2. Unauthorized access to the network, hijacking of login accounts, falsification of recorded data, etc.
   3. Actions that violate laws and regulations or public order and morals
   4. Impersonating a third party (excluding family members, etc.)
   5. An act that imposes a burden on the Operator’s system or causes a failure
   6. Any other act that the Operator deems inappropriate

Article 4 (Payment of Service Charge)

1. the User may use the functions described in Article 3, Paragraph 1, (1) to (4) of this article free of charge.
2. When the Operator develops new functions or enhances the functions in accordance with Article 3, Paragraph 1, (5) or the same Article, (1) to (4) and designates such functions as fee-based services, the User shall pay the service fee determined by the Operator by the date determined by the Operator, using the payment method designated by the Operator.
3. The Operator shall not refund the service charge that has been collected.

Article 5 (Deactivation of the Application)

1. If the Operator recognizes that the User may violate even one of the Terms of Use, the Operator may, without notice, suspend the provision of the Application to the relevant user and forfeit the User’s qualification to use the Application indefinitely.
2. The Operator (including the Operator’s subcontractors in this section) may, without notice, stop providing all or part of the Application in any of the following cases
   1. In the event of a failure of the Application
   2. When the Operator’s computer or communication lines are defective
   3. When the operator performs inspection and maintenance of the computer system
   4. In the event of a power failure or server malfunction, etc. at the Operator
   5. In case of force majeure such as earthquake, lightning, fire, etc.
   6. In the event of the operator’s absence
   7. Any other case deemed necessary by the Operator.
3. The Operator shall not be liable for any damage caused to the User in accordance with the preceding two paragraphs. In addition, the Operator may make a claim against the User or former user for any damage caused to the Operator in accordance with paragraph 1.

Article 6 (Ownership of Rights)

1. All copyrights, trademark rights, design rights, portrait rights, and all other rights in the Application, except those that belonged to the User or a third party before they were used in this Application, shall belong to the Operator or the right holder who authorized the Operator to use them.
2. Based on the preceding paragraph, the User shall not use, divert, reprint, reproduce, etc. any part of the Application, including the rights belonging to the Operator, without the Operator’s permission.
3. The User shall grant the Operator a free license to all copyrights (including the rights stipulated in Articles 27 and 28 of the Copyright Act) published in the Application, and shall not exercise any moral rights of authorship.

Article 7 (Other disclaimer)

1. The Operator shall not be responsible for any malfunction, error, or bug in the User’s equipment or communication lines, etc., and shall not be liable for any damage caused to the User or any third party due to such circumstances, etc.
2. The Operator shall not be held responsible for any damage caused by the User’s incorrect input of data, even if the information returned from this Application is not in accordance with the User’s wishes.
3. The exemption from liability of the Operator set forth in this Agreement shall not be applied in the event of intentional or gross negligence on the part of the Operator. Even if any part of the disclaimer of the Term of Use is held invalid, cancelled, or suspended in accordance with the Consumer Contract Act, the Civil Code, or any other laws and regulations, the remaining parts shall remain in full force and effect.

Article 8 (Exclusion of Anti-Social Forces)

1. The User or the Applicant declares that he or she does not fall under a crime syndicate, gangster, gangster associate member, gang-related business, social movement advocacy group such as a general contractor, or special intelligence gang, or any other person equivalent to these (hereinafter these are referred to as “the Anti-social forces”), and that he or she does not fall under any of the following items, and promises that he or she will not fall under any of the following in the future.
   1. Having a relationship with the Anti-social forces that is deemed to control the management of it.
   1. Having a relationship with the Anti-social forces that is deemed to be substantially involved in the management of it.
   2. Having a relationship with the Anti-social forces that is deemed to unfairly use the Anti-social forces for the purpose of gaining unfair profits for oneself, one’s company or a third party, or for the purpose of causing damage to a third party.
   3. Having a relationship with the Anti-social forces, such as providing funds or other benefits to the antisocial force.
   4. A director or person substantially involved in the management of the company has a socially reprehensible relationship with the Anti-social forces.
2. The User or the Applicant promises not to use themselves or a third party to commit any of the following acts.
   1. Violent demands
   2. Unreasonable demands beyond legal responsibility
   3. Use of threatening language or violence in connection with a transaction
   4. Spreading false information, damaging the reputation or obstructing the business of the other party by means of deception or force

Article 9 (Changes to the Terms of Use)

1. The Operator may change the content of the Application at any time. However, if the User uses the Application after the changes have been made, the User will be deemed to have agreed to the changes.
2. The Operator may change the Terms of Use. In the event of a change to the Terms of Use, the Operator shall notify the User of the contents of the change and the effective date of the change in the Terms of Use. However, the Operator may immediately revise this Policy and announce such changes after the fact if the changes are not detrimental to the User.

Article 10 (Handling of Personal Information)

1. The Operator will handle the personal information of the User in accordance with the Privacy Policy.

Article 11 (Governing Law and Jurisdictional Agreement)

1. the Terms of Use shall be interpreted in accordance with the laws of Japan. All disputes arising between the User and the Operator shall be subject to the exclusive jurisdiction of the district court or summary court having jurisdiction over the address of the Operator in the first instance, depending on the amount of the suit.