Terms of Use

Article 1 (Application of These Terms)

1. These Terms apply to all relationships between Users and the Operator relating to the use of the Service.
2. In addition to these Terms, the Operator may establish rules, guidelines, descriptions, notices, or other provisions regarding the use of the Service ("Individual Provisions").
3. Regardless of their title or form, Individual Provisions shall constitute part of these Terms.
4. If any provision of these Terms conflicts with an Individual Provision, the Individual Provision shall prevail unless otherwise specified therein.

Article 2 (Description of the Service)

1. The Service is intended to help Users record, view, organize, and review information related to health management, including blood glucose levels, meals, exercise, water intake, physical condition, notes, and other related information.
2. The Service is provided solely as an aid for general health management and personal record keeping. It does not provide medical care, diagnosis, treatment, nursing instructions, or any similar medical service.
3. Any values, records, charts, analyses, notifications, suggestions, or other information displayed in the App are provided for reference purposes only and are not a substitute for professional medical judgment by a physician or other qualified healthcare professional.

Article 3 (Conditions of Use and Anonymous Identifiers)

1. Users may use the Service after agreeing to these Terms.
2. As a general rule, Users are not required to create a conventional account by providing their name, email address, password, or similar information in order to use the Service.
3. For purposes such as providing the Service, managing data, cloud synchronization, and other necessary functions, an anonymous identifier may be automatically generated or assigned by the system to distinguish one User or installation from another.
4. Users are responsible for appropriately managing the device used to access the Service and the means used to access that device.

Article 4 (Device and Data Management)

1. Users are responsible for appropriately managing and safeguarding the devices used to access the Service and information stored on those devices.
2. Data may be lost as a result of device loss, use by a third party, device reset, deletion of the App, or other circumstances.
3. Except in cases of willful misconduct or gross negligence by the Operator, the Operator shall not be liable for damage arising from inadequate device or Service management, operational errors, or use by third parties.

Article 5 (Recorded Information and User Input)

1. Users are responsible for managing all information they enter, record, or store in the App, including blood glucose levels, meals, exercise, water intake, physical condition, notes, and other information.
2. Users should endeavor to ensure that information entered into the Service is as accurate and up to date as reasonably possible.
3. The Operator does not guarantee the accuracy, completeness, usefulness, or timeliness of information entered by Users.
4. Records stored through the Service may be lost or damaged due to device failure, operating system updates, communication failures, cloud service outages, third-party service failures, user error, or other circumstances. Users should take appropriate backup measures at their own responsibility where necessary.

Article 6 (Medical Disclaimer)

1. The Service is not a medical device and does not provide medical services or medical acts under applicable laws.
2. Records, analyses, notifications, trends, charts, comments, and other information displayed through the Service are provided for reference purposes only. Where appropriate, Users should consult a physician or other qualified healthcare professional before making medical decisions.
3. Users should not rely solely on information provided by the Service when making important decisions regarding medical care, treatment, or other matters affecting their health.
4. If a User may require emergency medical attention, the User should immediately contact an appropriate medical institution or emergency service. The Operator has no obligation to provide emergency medical assistance.

Article 7 (Handling of Personal and Health-Related Information)

1. The Operator handles usage information and health-related information obtained in connection with the Service in accordance with the separately established GlucoHabit Privacy Policy.
2. The Service may collect, store, use, or otherwise process information including blood glucose data, meal records, exercise records, water intake records, physical condition information, and other health-related information.
3. For purposes such as cloud synchronization, backup, anonymous authentication, subscription management, customer support, and other functions, information may be transmitted to and stored on servers operated by the Operator or third-party service providers used by the Operator.
4. To the extent permitted by applicable law, the Operator may use statistical information and other information processed so that individuals cannot be identified for purposes such as improving, analyzing, and developing the Service.

Article 8 (Paid Plans and Subscriptions)

1. Certain features of the Service may be available only to Users who subscribe to a paid plan or subscription.
2. The features, prices, billing periods, available functions, and other conditions applicable to paid plans shall be as displayed in the App, the Apple App Store, or other screens designated by the Operator.
3. Subscriptions are billed through the Apple App Store.
4. Subscriptions may automatically renew unless the User completes the applicable cancellation procedure.
5. Automatic renewal, cancellation, billing, refunds, and related matters are generally governed by Apple's applicable terms and procedures.
6. Except where required by applicable law or Apple's applicable rules, the Operator is not obligated to provide refunds directly to Users.
7. The Operator may modify paid features, prices, service content, or other conditions to the extent permitted by applicable law.

Article 9 (Prohibited Conduct)

Users must not engage in any of the following activities when using the Service:

1. Acts that violate applicable laws, regulations, or public order and morals.
2. Acts related to criminal activity.
3. Acts that infringe the rights, interests, reputation, credibility, privacy, or other rights of the Operator, other Users, or third parties.
4. Transmitting false or fraudulent information through the Service.
5. Imposing an excessive load on the servers, networks, or systems used to provide the Service.
6. Interfering with or potentially disrupting the operation of the Service.
7. Unauthorized access, reverse engineering, decompilation, disassembly, or similar activities.
8. Unauthorized reproduction, republication, modification, distribution, sale, or sublicensing of all or part of the App or Service.
9. Attempting to gain unauthorized access to Premium features or other restricted features.
10. Misusing the Service through bots, scripts, or other automated means.
11. Any other conduct that the Operator reasonably determines to be inappropriate.

Article 10 (Suspension or Interruption of the Service)

1. The Operator may suspend or interrupt all or part of the Service if it determines that any of the following circumstances applies:
   1. (1) Maintenance, inspection, or updates of systems related to the Service are required.
   2. (2) Provision of the Service becomes difficult due to earthquakes, lightning, fire, power outages, natural disasters, epidemics, communication failures, or other force majeure events.
   3. (3) Failures occur in computers, communication lines, external APIs, cloud services, the App Store, payment infrastructure, or other external systems.
   4. (4) The Operator otherwise determines that provision of the Service is difficult.
2. Except in cases of willful misconduct or gross negligence by the Operator, the Operator shall not be liable for any disadvantage or damage suffered by Users or third parties as a result of suspension or interruption under this Article.

Article 11 (Restrictions on Use)

1. The Operator may restrict all or part of a User's use of the Service if any of the following applies:
   1. (1) The User violates any provision of these Terms.
   2. (2) The User uses the Service fraudulently or improperly.
   3. (3) Fraud or a serious issue is identified in connection with payment for the Service.
   4. (4) The Operator otherwise reasonably determines that the User's continued use of the Service is inappropriate.
2. Except in cases of willful misconduct or gross negligence by the Operator, the Operator shall not be liable for any damage suffered by the User as a result of actions taken under this Article.

Article 12 (Intellectual Property Rights)

1. All intellectual property rights relating to the App, the Service, and any text, images, logos, user interfaces, software, databases, designs, trademarks, and other content contained therein belong to the Operator or to third parties who lawfully hold such rights.
2. Permission to use the Service under these Terms does not grant Users any license to use intellectual property rights of the Operator or any third party beyond what is necessary for the ordinary use of the Service.

Article 13 (Disclaimer of Warranties and Limitation of Liability)

1. The Operator makes no express or implied warranty regarding the security, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, continuity, error-free operation, or any other aspect of the Service.
2. The Operator does not guarantee that blood glucose recording, display, analysis, notifications, charting, synchronization, storage, or other functions provided through the Service will always be accurate, available, or uninterrupted.
3. Except in cases of willful misconduct or gross negligence by the Operator, the Operator shall not be liable for damages arising from the use of, or inability to use, the Service.
4. The Operator shall not be liable for the results of health management decisions, lifestyle decisions, decisions regarding medical consultations, or other actions taken by Users based on information provided through the Service.
5. The Operator shall not be liable for damage caused by failures, specification changes, suspension, or malfunction of third-party services, including Apple, Google, Firebase, RevenueCat, or other third-party services.

Article 14 (Damages)

1. If a User causes damage to the Operator by violating these Terms or engaging in fraudulent or unlawful conduct, the Operator may seek compensation from that User for the damage suffered.
2. Even where the Operator is liable to a User for damages, except in cases of willful misconduct or gross negligence by the Operator, the Operator's aggregate liability shall not exceed the total amount actually paid by that User for the Service during the twelve months preceding the event giving rise to the claim, unless such limitation is prohibited by applicable law.
3. To the extent permitted by applicable law, the Operator shall not be liable for indirect, special, consequential, incidental, or lost-profit damages.

Article 15 (Changes, Additions, or Termination of the Service)

1. The Operator may change the content of the Service, add features, or discontinue all or part of the Service as necessary.
2. The Operator will endeavor to provide notice of material changes or termination through the App or another appropriate method within a reasonable scope.

Article 16 (Changes to These Terms)

1. The Operator may amend these Terms as necessary in accordance with applicable law.
2. The amended Terms shall become effective when they are published in the App, on a website designated by the Operator, or by another appropriate method, or on a separately specified effective date.
3. If material changes are made, the Operator will notify Users by a reasonable method.

Article 17 (Notices and Communications)

Notices and communications between Users and the Operator may be made through notices in the App, the Operator's website, email, or any other method the Operator considers appropriate.

Article 18 (Prohibition on Assignment)

Users may not assign, transfer, succeed to, or pledge their status under these Terms or any rights or obligations arising under these Terms to any third party without the Operator's prior written consent.

Article 19 (Severability)

If any provision of these Terms, or any portion thereof, is determined to be invalid or unenforceable under applicable law, the remaining provisions and the remaining portion of the affected provision shall continue in effect.

Article 20 (Governing Law and Jurisdiction)

1. These Terms shall be governed by and construed in accordance with the laws of Japan.
2. To the extent permitted by applicable law, any dispute arising out of or relating to the Service shall be subject to the exclusive jurisdiction of the district court having jurisdiction over the Operator's principal place of business as the court of first instance.

Article 21 (Contact Us)

If you have any questions regarding these Terms, please contact us at: