Terms of Use for “Yuru Mate” App Users
The Terms of Use for Yuru Mate Users (hereinafter referred to as “these Terms”) stipulate the conditions for the provision of “Yuru Mate” (hereinafter referred to as “this Service,” as defined in Article 1, Paragraph 1) provided by Folka Inc. (hereinafter referred to as “the Company”) and the rights and obligations between the Company and users.Please read the entirety of these Terms and agree to them before using this Service.
Chapter 1 General Provisions
Article 1 (Definitions)The definitions of terms used in these Terms are as follows:
1. “This Service” refers to “Yuru Mate” managed and operated by the Company.
2. “This App” refers to the application program distributed by the Company on app stores such as the AppStore and Google Play Store for the provision of this Service.
3. “Company Website” refers to the website managed and operated by the Company, which includes the domain “folka.co.jp” (if the domain is changed by the Company, the changed domain will apply).
4. “Usage Contract” refers to the contract for this Service concluded between the Company and the user based on these Terms.
5. “Registration Information” refers to the information provided by the user to the Company during registration or use of this Service.
6. “Registration Applicant” refers to a person who wishes to use this Service and applies for registration or intends to apply for registration.
7. “User” refers to a person whose registration for this Service has been approved by the Company based on the provisions of Article 4 (Registration).
8. “Instructor” refers to a person who provides instructor content on this Service.
9. “Instructor Content” refers to texts, images, videos, audio, and other content provided by the instructor to users on this Service for viewing or other use.
10. “Company Content” refers to texts, images, videos, audio, and other content provided by the Company to users on this Service for viewing or other use.
11. “Instructor Content Usage Contract” refers to a contract regarding the use of instructor content agreed upon between the user and the instructor outside of this Service.
12. “User Input Data” refers to texts, images, and other data uploaded by the user to this Service.
13. “Output Data” refers to texts and other data provided to the user as a result of the analysis of user input data on this Service.
14. “Intellectual Property Rights” refers to copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including rights to acquire or apply for registration of these rights).
15. “Personal Information” refers to personal information as defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information.
Article 2 (Application)
1. These Terms aim to define the conditions for the provision of this Service and the rights and obligations between the Company and users regarding the use of this Service. These Terms apply to all relationships between the Company and users regarding the use of this Service.
2. The conditions related to the use of this Service published by the Company on this App or the Company Website form part of these Terms. In case of any contradiction between these Terms and such conditions, these Terms will prevail unless otherwise specified.
Article 3 (Changes to the Content of These Terms)
1. The Company may change the content of these Terms and conditions (collectively referred to as “Content of These Terms”) based on the provisions of Article 548-4 of the Civil Code.
2. If the Company changes the Content of These Terms based on the preceding paragraph, the Company will notify users of the changed Content of These Terms by displaying it on this App or the Company Website or by other methods determined by the Company. The changed Content of These Terms will apply from the effective date specified at the time of notification.
3. In addition to the preceding two paragraphs, the Company may change the Content of These Terms with the user’s consent. In this case, if the user does not agree to the changed Content of These Terms, the user must stop using this Service. If the user continues to use this Service after the change, the user is deemed to have agreed to the changed Content of These Terms.
4. If the user uses this Service through an automatic renewal subscription on the AppStore or Google Play (as defined by Apple Inc. (hereinafter referred to as “Apple”) or Google LLC (hereinafter referred to as “Google”)), the user must comply with the terms and conditions provided by Apple Media Services or Google Play. If the conditions defined in Paragraph 1 of this Article are met, the Company may change the price of the automatic renewal subscription within the conditions separately defined by Apple or Google by following the procedures defined in the same paragraph.
Chapter 2 Registration and Account
Article 4 (Registration)1. A registration applicant may apply for the registration of this Service by agreeing to comply with these Terms and providing the Company with registration information in the manner prescribed by the Company.
2. The Company will determine whether to approve the registration of the registration applicant based on the standards set forth in Paragraph 4 of this Article and will notify the registration applicant if the Company approves the registration. The registration as a user is completed when the Company provides this notification.
3. Upon completion of the registration as defined in the preceding paragraph, a usage contract is established between the user and the Company, and the user can use this Service in accordance with these Terms.
4. The Company may refuse to register a registration applicant for this Service if the applicant falls under any of the following circumstances, without disclosing the reasons:
(1) If there are false, erroneous, or missing entries in the registration information provided to the Company.
(2) If the Company determines that the applicant is a member or associate of an organized crime group, a company affiliated with such a group, a corporate extortionist, or any other similar entity or individual (hereinafter collectively referred to as “Antisocial Forces”), or if the Company determines that an Antisocial Force is substantially involved in the management of the applicant.
(3) If the Company determines that the applicant cooperates or is involved in the maintenance, operation, or management of Antisocial Forces through funding or other means, or if the applicant has any interaction or involvement with Antisocial Forces.
(4) If the applicant has previously violated a contract, including a usage contract with the Company, or if the Company reasonably determines that the applicant is related to such a person.
(5) If the Company reasonably determines that the applicant has previously engaged in or is likely to engage in any of the acts specified in Article 23 (Prohibited Acts).
(6) If the applicant has previously been subject to measures specified in Article 25 (Suspension or Termination by the Company).
(7) If the Company reasonably determines that the registration is otherwise inappropriate.
Article 5 (Changes to Registration Information)
1. If there are any changes to the registration information, the user must notify the Company of such changes without delay in the manner prescribed by the Company.
2. Even if the user or a third party suffers any damage or disadvantage due to the user’s failure to notify the Company as specified in the preceding paragraph, the Company will not be liable unless the Company is intentionally or negligently at fault.
3. The Company may verify the authenticity of the registration information provided by the user and may request additional information from the user, and the user agrees to this in advance.
Article 6 (Account)
1. The Company grants the user a non-exclusive and non-transferable right to use this Service, provided that the user complies with these Terms. This right is specified by the ID and password (hereinafter referred to as “Account”) used in this Service, and the user is responsible for managing their Account.
2. The user must manage their Account related to this Service strictly and must not lend, transfer, sell, or otherwise allow third parties to use it.
3. If the user discovers that a third party is illegally using their Account, or if the user determines that their Account may interfere with the Company’s provision of this Service, the user must immediately report this to the Company.
4. The Company may regard any use of this Service conducted using the Account as being performed by the user associated with that Account.
5. The user is responsible for any damages resulting from insufficient management, misuse, or third-party use of the Account, and the Company is not liable unless the Company is intentionally or negligently at fault.
Chapter 3 Provision of This Service
Article 7 (Provision of This Service)1. This Service aims to improve mental health through the recording and review of matters related to the user’s mental health and the viewing of various courses (MBSR, MBCT, MSC, etc.). For more detailed information and features of this Service, please refer to the FAQ and other related pages within this App.
2. The Company may add, change, or delete the domain, content, and features of this Service at any time without prior notice, based on its own judgment.
3. This Service may include services that use third-party APIs, OSS, or libraries (hereinafter referred to as “Third-Party APIs, etc.”). Users agree in advance to the possibility that changes, suspensions, or terminations of Third-Party APIs, etc. may affect this Service, and that some or all of this Service may become unavailable.
4. This Service provides the functions specified in Paragraph 1, and users must explicitly agree to the following before using this Service:
(1) This Service does not provide medical services, and none of the content in this Service can be used for the diagnosis, treatment, or prevention of diseases.
(2) Users are responsible for consulting their own physicians or other medical professionals regarding any questions, concerns, or confirmations about their health conditions, medication use, or medical devices.
(3) The functions provided by the Company through this Service are based on user input data set or recorded by the users themselves. If there are errors in the user input data, the appropriate functions may not be provided.
5. The Company does not guarantee the legality, accuracy, completeness, validity, usefulness, or safety of the instructor content provided by instructors in this Service, and the Company is not a party to the instructor content usage contract concluded between users and instructors outside of this Service.
Article 8 (License to Use This App)
To use this Service, users need to use this App. Users can download and install this App for free from app stores such as the AppStore and Google Play Store.
Article 9 (Service Fees)
The fees for using this Service are as indicated on this App or the Company Website. The Company may change the service fees based on the provisions of Article 3 (Changes to the Content of These Terms).
Article 10 (Late Fees)
If the user fails to pay the service fees by the specified due date, the user must pay the Company a late fee calculated at an annual rate of 14.6% from the day after the due date until the day before the payment date.
Article 11 (User Input Data)
1. Users are responsible for preserving the user input data they input, provide, or transmit in connection with the use of this Service.
2. Users guarantee that they have the legal and legitimate authority to provide the user input data on this Service, and that such provision does not violate any laws or contracts with third parties.
3. The intellectual property rights of the user input data belong to the user or the third party who has granted the user permission to provide the data to this Service, regardless of whether it is before or after the upload.
4. By uploading user input data, users grant the Company a free, unlimited, and non-exclusive license to use, provide to third parties, or relicense the user input data for the purposes of providing or improving this Service, or for advertising and promotional purposes, without a defined period.
5. Users will not exercise their moral rights regarding the use of the user input data by the Company as stipulated in the preceding paragraph, nor will they allow third parties who have permitted them to use the data to exercise such rights.
6. The Company is not obligated to verify, confirm, or bear responsibility for the legality, accuracy, completeness, validity, usefulness, or safety of the user input data.
Article 12 (Provision and Use of Output Data)
1. The intellectual property rights of the output data belong to the Company.
2. Users understand and use the output data at their own responsibility and judgment, based on the user input data provided by them. The Company is not liable to users for any errors in the content of the output data.
Article 13 (Intellectual Property Rights of Instructor Content and Company Content)
1. The intellectual property rights of the instructor content and the Company content belong to the respective instructors or the Company.
2. Users use the instructor content and the Company content at their own responsibility and judgment. The Company is not liable to users for any errors in the content of the instructor content or the Company content.
Article 14 (Intellectual Property Rights of This Service)
All tangible and intangible components that constitute this App, the Company Website, and other parts of this Service (including but not limited to software programs, databases, icons, images, texts, Company content, related documents, and other content but excluding posted content) are owned by the Company or third parties who have granted the Company the right to use them.
Article 15 (Management of Personal Information)
The Company recognizes the importance of protecting personal information and has established the following privacy policy. The Company handles users’ personal information appropriately in accordance with this privacy policy.
Chapter 4 Other General Provisions
Article 16 (Outsourcing)The Company may outsource all or part of the operations related to the provision of this Service to third parties without the user’s consent. In such cases, the Company will responsibly manage and supervise the entrusted third party.
Article 17 (Terminal Equipment and Telecommunication Lines)
1. Users are responsible for securing and maintaining the terminal equipment they use and the telecommunication lines connecting their terminal equipment to this App or the Company Website, at their own cost and responsibility.
2. Users are responsible for bearing all communication costs necessary to use this Service.
Article 18 (No Warranty for This Service and This App)
1. The Company does not guarantee that this Service and this App will meet the user’s specific use purposes or achieve specific results.
2. The Company does not guarantee that this Service and this App will function properly outside of Japan.
3. The Company does not guarantee that this Service and this App will work properly on all OS, web browsers, and app versions used by users’ devices, nor is the Company obligated to verify or improve the functionality of this Service and this App in such environments. The Company also does not guarantee that there will be no issues with this Service and this App due to the use of non-recommended or unsupported environments, or due to failure to update the OS, web browser, or app versions.
4. The Company does not guarantee that there will be no interruptions, suspensions, or other issues with this Service and this App.
5. The Company will make maximum efforts to ensure that there are no bugs or defects in this Service and this App, but this Service and this App are provided as-is, and the Company does not guarantee that there are no bugs or defects.
Article 19 (Damages and Injunctions)
If the user engages in acts that violate these Terms, the Company may enjoin such acts. If such acts cause damage to the Company or third parties, the user is responsible for compensating for the damage.
Article 20 (Company Disclaimer and Limitation of Liability)
1. The Company is responsible for this Service only to the extent limited by each provision of these Terms. The Company is not liable for matters that are not guaranteed or for which responsibility is disclaimed by the Company, nor for matters that are the user’s responsibility, unless the Company is intentionally or negligently at fault. The Company is not liable for any damage to users related to this Service unless the Company is intentionally or negligently at fault.
2. This Service uses external systems (such as Amazon Web Services) for part of its functionality. If the use of external systems becomes unavailable, the use of this Service may also become impossible, but the Company is not responsible for any damage caused to users by this.
3. If the Company is responsible for damages to users related to this Service due to reasons attributable to the Company, the Company is only liable for actual direct and ordinary damages, and the compensation amount is limited to 10,000 yen. However, this limitation does not apply if the Company is intentionally or grossly negligent.
Article 21 (Service Suspension)
1. The Company may temporarily suspend this Service for maintenance work or other reasons, regularly or as necessary.
2. If the Company suspends this Service, it will notify users in advance. However, in emergencies, the Company may suspend this Service without prior notice and will notify users promptly afterward.
3. In addition to Paragraph 1, the Company may temporarily suspend this Service if it determines that the continuation of this Service may cause significant harm to users due to third-party interference or other unavoidable reasons.
Article 22 (Service Termination)
1. The Company may terminate all or part of this Service at any time.
2. If the Company terminates all or part of this Service, it will notify users at least one month in advance.
Article 23 (Prohibited Acts)
Users must not engage in the following acts when using this Service:
(1) Acts that violate laws or these Terms or are likely to do so.
(2) Acts that are contrary to public order and morals.
(3) Acts that infringe on the intellectual property rights, portrait rights, privacy, honor rights, or other rights of the Company or third parties.
(4) Acts that defame or slander the Company or other users, or interfere with the provision or use of this Service.
(5) Illegal or improper access, acquisition, alteration, disclosure, or other similar acts regarding other users’ accounts, personal information, or other data.
(6) Stalking or other harassment of instructors against their will.
(7) Impersonating another user or instructor, or falsely claiming to have a relationship with another user or instructor.
(8) Exploiting bugs or malfunctions in this Service.
(9) Acts that interfere with the provision of this Service or are likely to do so.
(10) Entering false registration information.
(11) Unauthorized access, cracking, overloading, or any other acts that interfere with the hardware or software constituting this App or other parts of this Service.
(12) Acts of reverse engineering, attempting to obtain source code, or analyzing systems used to provide this Service.
(13) Any other acts that the Company reasonably determines to be inappropriate for a user.
Article 24 (Effective Period of the Usage Contract)
The effective period of the usage contract is from the day of registration for this Service as specified in Article 4 (Registration) until the day the usage contract ends.
Article 25 (Suspension or Termination by the Company)
1. The Company may suspend the provision of this Service or terminate the usage contract without prior notice to the user if the Company determines that the user falls under any of the following conditions:
(1) If the user engages in acts that may interfere with the Company’s business.
(2) If the user violates laws, ordinances, other regulations, these Terms, or the usage contract.
(3) If the user’s important property is subject to seizure, provisional seizure, provisional disposition, tax delinquency disposition, or other public authority disposition, or if a petition is filed for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or special liquidation.
(4) If it becomes apparent that the user’s payment authorization from a credit card company (including the payment system of an app store) cannot be obtained, or if there is a suspicion of fraudulent use.
(5) If the Company reasonably determines that the user falls under any of the conditions specified in Article 4, Paragraph 4, or Article 23.
2. In addition to the preceding paragraph, if there is a reason attributable to the user that makes it difficult to continue providing this Service, and the Company requests the user to correct it but the user fails to do so within 14 days, the Company may terminate the usage contract in whole or in part.
Article 26 (Termination of the Usage Contract by the User)
1. Users may terminate the usage contract at any time with prospective effect.
2. Even if the user terminates the usage contract, the Company will not refund the usage fees received up to the termination month, and the user is not exempt from paying the usage fees up to the termination month and any unpaid usage fees.
3. If the user terminates the usage contract and was using this Service through an automatic renewal subscription provided by the AppStore, Google Play Store, or other app stores, the automatic renewal subscription may not end unless the user completes the cancellation procedures in the respective app store. The user is responsible for completing the cancellation procedures for the automatic renewal subscription in the respective app store if they wish to terminate the automatic renewal subscription.
Article 27 (Post-Termination Processing)
1. Upon termination of the usage contract, regardless of the reason, the user must immediately stop using this Service.
2. Upon termination of the usage contract, the Company may delete the user’s registration information and user input information, as well as any other data related to the user, regardless of the reason for the termination.
3. The Company is not liable for any damage caused to the user by the deletion of the data related to the user as stipulated in the preceding paragraph.
4. The provisions of Article 9 (Service Fees), Article 10 (Late Fees), Article 13 (Intellectual Property Rights of Instructor Content and Company Content), Article 14 (Intellectual Property Rights of This Service), Article 15 (Management of Personal Information), Article 18 (No Warranty for This Service and This App), Article 19 (Damages and Injunctions), Article 20 (Company Disclaimer and Limitation of Liability), this Article, Article 29 (Severability), Article 30 (Force Majeure), Article 31 (Exclusion of Antisocial Forces), and Article 34 (Governing Law and Jurisdiction) will remain effective even after the termination of the usage contract.
Article 28 (Transfer of Position under the Usage Contract)
1. Users may not transfer or assign the position under the usage contract or any rights or obligations based on the usage contract to a third party, or use them as collateral, without the prior written consent of the Company (including electronic records).
2. If the Company transfers the business related to this Service to another company, the Company may transfer the position under the usage contract, the rights and obligations based on these Terms, and the registration information and other information related to the users to the transferee of the business transfer, and the users consent to such transfer in advance. The business transfer specified in this paragraph includes any form of business transfer, including corporate separation and other cases where the business is transferred.
Article 29 (Severability)
Even if any provision or part of a provision of these Terms is deemed invalid or unenforceable by the Consumer Contract Act or other laws and regulations, the remaining provisions and the remaining parts of the provision deemed invalid or unenforceable will continue to be fully effective.
Article 30 (Force Majeure)
The Company is not liable for any damage or disadvantage caused to users due to the inability to perform this Service due to force majeure, including but not limited to natural disasters (typhoons, tsunamis, earthquakes, floods, lightning, salt damage, etc.), fires, infections, epidemics, pandemics, cyberattacks, pollution, wars, riots, internal conflicts, terrorist acts, strikes, the enactment or amendment of laws and regulations, orders or dispositions by public authorities, or other government actions, disputes, accidents of transportation or communication lines, or other force majeure events.
Article 31 (Exclusion of Antisocial Forces)
1. Users guarantee the following to the Company:
(1) That neither the user nor the user’s officers or their equivalents are members of Antisocial Forces, and that Antisocial Forces are not substantially involved in the management of the user or the user’s officers or their equivalents, both now and in the future.
(2) That the user does not provide funds or other benefits to Antisocial Forces or engage in any other interactions or involvement with Antisocial Forces, and does not use their own name to conclude and perform the usage contract.
(3) That during the effective period of the usage contract, the user will not use themselves or third parties to engage in the following acts:
a. Threatening or using violence against the Company or other users.
b. Using fraud or coercion to interfere with the Company’s or other users’ operations or damage their reputation.
2. If the user violates the preceding paragraph, the Company may immediately terminate the entire usage contract without any notice, and the Company will not be liable for any damage caused to the user.
Article 32 (Notification)
Notifications from the Company to users regarding this Service will be made by methods specified by the Company, including methods within this App, by sending to the contact information (including email addresses) registered by the user as registration information, or by other methods specified by the Company. Such notifications are deemed to have reached the user at the time they would ordinarily be expected to reach them, unless otherwise specified in these Terms.
Article 33 (Consultation)
If any dispute or doubt arises regarding the interpretation of these Terms, or if any matter not specified in these Terms arises, the Company and the user will consult in good faith to resolve the issue amicably.
Article 34 (Governing Law and Jurisdiction)
These Terms and matters related to the usage contract are governed by Japanese law. Any disputes arising between the Company and the user in connection with this Service, this App, these Terms, or the usage contract will be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
Last updated: September 23, 2023