"Golfboy" Terms of Use

Qoncept Inc. (hereinafter referred to as the "Company") provides "Golfboy" (hereinafter referred to as the "Service") in accordance with the following "Golfboy" Terms of Use (hereinafter referred to as the "Terms").

By using the Service, you must thoroughly review the Terms and agree to all of its terms and conditions. If you are a minor, you must obtain the consent of your statutory agent before using the Service. If you do not agree to these Terms, you may not use the Service.

Article 1 [Application of the Terms]

1. When you agrees to abide by the Terms and provides certain information to the Company, an agreement for the use of the Service (hereinafter referred to as the "Agreement") shall be formed between you and the Company.
2. When using the Service, please read the Terms of Use of the Service separately stipulated by the Company carefully and understand the contents before using the Service.

Article 2 [Usage Fees, etc.]

1. You shall bear the communication charges for the use of the Service.
2. The Service includes some paid services. Usage fees, payment due dates, and payment methods for fee-based services shall be specified separately on the Service.
3. You shall pay for the payment method designated by the Company in accordance with the payment terms and other conditions separately stipulated by the payment service provider (hereinafter referred to as "Payment Service Provider").
4. If a dispute arises between you and the Payment Service Provider regarding the payment of usage fees, you shall handle and resolve the dispute with the Payment Service Provider. The Company shall not be liable for such disputes, except in cases of willful misconduct or gross negligence on the part of the Company.
5. The usage fees once paid by you shall not be refunded at all, except in the case of separate notice by the Company, or in the case of intentional or gross negligence on the part of the Company. The same shall apply in the event that the Service is unavailable due to interruption or malfunction of the communication service or Internet connection service used by you.

Article 3 [Contents of the Service]

1. The Service enables the automatic measurement of batted balls in golf by using the camera images of smartphones. Some services and functions of the Service can be used free of charge.
2. The paid services consist of the following two services:
   • (1) Paid Item(s): "Paid Item(s)" refer to items that, once purchased, allow the permanent use of specific functions or features for as long as those functions or features exist. Please note that the contents of Paid Items may be subject to change after purchase.
   • (2) Paid Subscription: "Paid Subscription" refers to subscriptions that provide benefits during the valid period, such as unlimited use of the Paid Items.
   The specific details of the Paid Items and Paid Subscriptions shall be specified separately on the Service.
3. In cases where the Service is used for commercial purposes (when the Service is used for the benefit of any third party in connection with profit-making activities such as lessons, rentals, or operating a facility), it is necessary to purchase a Paid Subscription for commercial use.

Article 4 [Free Period and Usage Fees for Paid Subscription]

You may use the Paid Subscription free of charge for a certain period of time starting from the date of application for the Paid Subscription only when you apply for the Paid Subscription for the first time. The Free Services period can be confirmed at the time of application for the Paid Subscription.

If the cancellation procedure is not taken by 24 hours before the end of the free period, the fee indicated at the time of application for use of the Paid Subscription (including consumption tax; hereinafter referred to as "Usage Fee") at the end of the free period will be charged in the unit of the period applied for at the time of application for use (hereinafter referred to as the "Usage Period").

You can check the end date of the free period and the paid service period in the "Subscription" section of the settings menu of your iPhone device. As long as you cancel the service during the free period, no cancellation fee will be charged.

Article 5 [Continued Billing for the Paid Subscription]

You can use the Paid Subscription from the time of billing until the end of the Usage Period. If the cancellation procedure is not taken by the end of the Usage Period, the Usage Fee shall be automatically charged at the end of the Usage Period, and the same shall apply thereafter. The Usage Fee shall be paid in a lump sum by Apple's in-app purchase method. Regardless of whether the Service is used or not, the Company will not refund the Usage Fee under any circumstances. The Usage Fee shall be charged the full amount for the Usage Period even if the cancellation is made in the middle of that Usage Period.

Article 6 [Intellectual property rights]

1. All copyrights, trademarks, and other intellectual property rights relating to the Service and the content provided through the Service shall belong to the Company or to third parties who have granted the Company a license to use such rights. The Service and the content provided through the Service are provided and licensed to the User solely for non-commercial and personal use, in accordance with these Terms.
2. If the User shares or makes public any videos created by the User through functions provided by the Service, the Company may, in accordance with the purpose of such functions, reproduce, edit, modify, translate, or otherwise adapt such videos. The User agrees not to exercise any moral rights of authorship with respect to such acts.
3. If the User engages in any of the prohibited acts described in the following Article, or if the Company determines that a video shared or made public by the User contains inappropriate content, the Company may, at its sole discretion and without prior notice, suspend the sharing or publication of such video and/or delete the video.

Article 7 [Prohibited Matters]

The Company prohibits any of the following acts.

1. Infringing on the copyrights, trademarks, other intellectual property rights, privacy, honor, portrait rights, or publicity rights of the Company or any third party.
2. Analyzing, decompiling, disassembling, reverse engineering, or modifying the Service.
3. Falsifying, erasing, or making it impossible or difficult for a third party to access the contents or other information posted on the site connected to the service.
4. Unauthorized access to servers and other facilities (including communication facilities, computers, other hardware equipment, and software) connected to the Service.
5. Using the Service or contents provided through the Service by impersonating another person, such as by using another user's ID or password.
6. Entering untruthful information when registering as a member of the Service.
7. Recording or otherwise capturing third parties without authorization, or sharing or making public videos featuring third parties without their permission.
8. Conduct that violates, or may violate, applicable laws or regulations.
9. Conducting business activities (including preparatory acts) using the Service or any content provided through the Service, or any other activities for profit-making purposes.
10. Any other act that interferes with the use or operation of the Service or contents provided through the Service.

Article 8 [Personal Information]

The Company shall carefully handle the personal information in accordance with the privacy policy established by the Company (hereinafter referred to as the "Privacy Policy"). The User shall confirm the Privacy Policy and agree to the provision of anonymously processed information to third parties as described therein.

Article 9 [Handling of User Information]

1. The User agrees that the Company may automatically obtain and handle User Information via the Service application in accordance with the following provisions. For the avoidance of doubt, User Information does not include information that can directly identify an individual.
   • (1) User information to be acquired: Measurement information related to hitting and swinging, Videos captured by the User that the User has chosen to share or make public
   • (2) Method of acquisition: The information will be obtained automatically through the application when the user uses the Service.
   • (3) Purpose of use: To display information and other advertisements related to the services of the Company or companies designated by the Company, To aggregate and analyze data to improve the Service and to provide new services or contents.
   • (4) Contact for inquiries: Qoncept Inc. (https://qoncept.co.jp/contact.html)
   • (5) Procedures for changing the provisions of this section: In accordance with the Article 14 of this Agreement.
2. The Company may, at its sole discretion, use and disclose the information, data, etc. obtained through the Service as statistical information in a form that does not identify the individual, and you agrees to such use and disclosure without objection.

Article 10 [Cancellation of Your Registration]

1. The Company may, without prior notice, delete the registered data, temporarily suspend the use of the Service, cancel your registration, or terminate the Agreement if you fall under any of the following items.
   • If you have violated or are likely to violate any of the provisions of this Agreement.
   • If you have suspended or become unable to make payments, or have filed a petition for commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, or similar proceedings.
   • When there is a request or claim from a legal representative for the cancellation of the Agreement or any other claim.
   • In any other cases where the Company deems it inappropriate to use the Service, to register you, or to continue the Agreement.
2. In the event of any of the events listed in the preceding paragraph, you shall naturally lose the benefit of time for all debts owed to the Company, and shall immediately make payment of all debts to the Company.
3. The Company shall not be liable for any damages incurred by you as a result of any action taken by the Company in accordance with this Article.

Article 11 [Suspension of the Service]

1. The Company may suspend the Service, in whole or in part, without prior notice to you due to inspection or maintenance of the computer system related to the Service, accidents in communication lines, or other reasons.
2. The Company shall not be liable for any damages incurred by you based on the measures taken by the Company in accordance with this Article.

Article 12 [Change and Termination of the Service]

1. The Company may change the contents of the Service or terminate the provision of the Service at the Company's sole discretion. In the event that the Company terminates the provision of the Service, the Company shall notify you in advance.
2. The Company shall not be liable for any damages incurred by you based on the measures taken by the Company in accordance with this Article.

Article 13 [Limitation of Liability]

1. The Service is provided on an "as is" basis. The Company makes no warranty whatsoever regarding the performance, accuracy, completeness, applicability, or usefulness of the Service.
2. The Company does not guarantee that the Service will be available at the location where you use the Service. If you wish to use the Service in a place managed by a third party, such as a driving range, please notify the manager in advance and obtain permission before using the Service.
3. Even if you use the Service in accordance with the usage method specified by the Company, the nature of the usage method may cause problems such as damage to the equipment used. Please use the Service after carefully considering the risks that may occur in the environment in which you use the Service and confirming that the Service is safe at all times. The Company shall not be liable for any damage to the life, body, or property of you or any third party resulting from the use of the Service.
4. The Company shall not be liable for any damages incurred by you or a third party due to the use or inability to use the Service, or for the loss, damage, or alteration by a third party of your data, etc.
5. Even if the Company is liable for compensation for any reason related to the Service, the Company shall not be liable for compensation for incidental damages, indirect damages, special damages, or damages for lost profits. The total amount of damages to be paid by the Company to you shall be limited to the amount equivalent to one month's monthly usage fee for the Service.
6. The Company shall not be liable for any transactions, communications, disputes, etc. between you and other customers or third parties in connection with the Service.

Article 14 [Changes to the Terms]

The Company reserves the right to change the Terms. In the event that the Company changes the Terms, the Company shall contact or notify you of such changes in a manner determined by the Company, and if you use the Service after notification of such changes, you shall be deemed to have agreed to such changes.

Article 15 [Contact and Notification]

Inquiries and other communications or notifications from you to the Company regarding the Service, as well as notifications from the Company to you regarding changes to the Terms and other communications or notifications from the Company to you, shall be made in a manner determined by the Company.

Article 16 [Transfer of Status]

In the event that the Company transfers the business related to the Service to another company, the Company may transfer the status under the Agreement, the rights and obligations under the Agreement, your registered information and other your information to the transferee of such transfer, and you shall be deemed to have agreed to such transfer in advance under this Article. The transfer of business set forth in this Article shall include not only ordinary transfer of business, but also corporate separation and any other cases in which business is transferred.

Article 17 [Severability]

Even if any provision of the Terms, or any part thereof, is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of the Terms and the remaining parts of the provisions that are determined to be invalid or unenforceable shall continue to be in full force and effect.

Article 18 [Governing Law and Jurisdiction]

This Agreement shall be governed by and construed in accordance with the laws of Japan. The Tokyo District Court shall have exclusive jurisdiction in the first instance in the event of the need for litigation between you and the Company. The official text of this Agreement shall be in the Japanese language.