This is the canvas Terms of Use (hereinafter referred to as "these Terms"), which set forth the matters that users must comply with, and the rights and obligations between users and Vitalogue Health Co., Ltd. (hereinafter referred to as "the Company") in connection with the use of these Services provided by the Company (defined in Article 2). Anyone who wishes to use these Services must read these Terms in full before agreeing to them.

 

Article 1 Application

1. The purpose of these Terms is to define the rights and obligations between the Company and registered users (defined in Article 2) in connection with the use of these Services provided by the Company, and they shall apply to all relationships related to the use of these Services between the registered users and the Company.
2. The rules and regulations related to these Services that the Company publishes on its website (defined in Article 2) from time to time shall constitute a part of these Terms.

 

Article 2 Definition

The following terms used in these Terms shall have the meanings set forth below:

1. "Test kit" means a kit for hormone testing regarding matters specified by the Company.
2. "Intellectual property rights" means copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including the right to acquire such rights or the right to apply for registration of such rights).
3. "Company's website" means the website operated by the Company whose domain is "get-canvas.com" (including the website after its domain or content has been changed for any reason).
4. "Applicants" means the "applicants" defined in Article 3.
5. "Registration information" means the "registration information" defined in Article 3.
6. "Registered user" means an individual who has registered as a user of the Services based on Article 3.
7. "The Services" means the Services provided by the Company related to the provision of test kits, including the measurement of various hormones under the name "canvas," and the provision of information related to test results (including the services after its name or content has been changed for any reason).
8. "Usage Agreement" means the "Usage Agreement" defined in paragraph 4 of Article 3.
9. "External social media" means a social media specified by the Company provided by Facebook, other business operators, etc., which has functions such as authentication of registered users, disclosure of friend relationships, and publication of content within the external social network and is used for implementing the Services.
10. "External social media operator" means a provider of external social media.
11. "External social media Terms of Use" means an agreement that determines the rights relationship between a registered user and an external social media operator.

 

Article 3 Registration

1. Those who wish to use the Services (hereinafter referred to as "applicants") may apply for registration to use the Services by agreeing to comply with these Terms and by providing certain information (hereinafter referred to as "registration information") specified by the Company to the Company by a method specified by the Company.
2. The registration application must be made by the individual who will use the Services, and as a general rule, registration applications by an agent will not be accepted. Additionally, the applicants must provide true, accurate, and up-to-date information to the Company when applying for registration.
3. If the person who applied for registration based on paragraph 1 falls under any of the following items, the Company may refuse registration:

1. If the Company judges that there is a possibility of violating these Terms
2. If there is any false statement, misrepresentation, or omission in the registration information provided to the Company, in whole or in part
3. If the person has had their registration for the Services revoked in the past
4. If the person is a minor, an adult ward, a person under conservatorship, or a person under assistance, and has not obtained the consent of their legal representative, guardian, conservator, or assistant
5. If the Company judges that the person is a member of a gang, a gang affiliate, or is engaged in some form of interaction or involvement with anti-social forces (meaning a group or individual that pursues economic interests using violent, coercive, or fraudulent means, including but not limited to organized crime syndicates, their members, quasi-members, affiliated companies, social movement pseudo-protection racketeers, special intelligence violence groups, and other similar groups or individuals)
6. If the Company reasonably judges that registration is not appropriate for any other reason

1. The Company will judge the appropriateness of registration of applicants based on the criteria set forth in the preceding paragraph and notify the applicant for registration of its decision. If the Company approves the registration, the applicant will be registered as a registered user, and a contract (hereinafter referred to as the "Usage Agreement") for using the Services in accordance with the provisions of these Terms will be formed between the registered user and the Company.
2. If there is any change to the registration information, the registered user must promptly notify the Company of the changes and submit any requested materials to the Company in the manner specified by the Company.

Article 4 Use of the Services

During the term of the Usage Agreement, registered users may use the Services in accordance with these Terms and the methods specified by the Company.

1. Services related to the purchase of test kits and provision of test results:

1. Registered users may apply to purchase test kits in accordance with the methods specified by our company, and if the payment for the testing kit is confirmed, our company will send the test kit to the registered users based on the application. Unless it is due to the Company's responsibility, registered users cannot cancel the purchase of the testing kit once they have applied for it.
2. Registered users must use the test kit they received to collect their own blood and send the test kit back to our company in accordance with the methods specified separately by our company.
3. Registered users may view the test results of the test kit returned in accordance with the previous paragraph in the manner specified by our company.
4. The term of use of the Services shall be three months from the date of receipt of the test kit.

1. Services related to the introduction of clinics based on testing results using testing kits:

Our company may provide registered users with the names of clinics we partner with related to the test results provided to registered users based on the Services described in the preceding paragraph. If our company provides the name of a partnered clinic to a registered user, the registered user may visit the clinic through our company in accordance with the methods specified separately by our company.

 

Article 5 Fees and Payment Method

1. The registered users shall bear the usage fee for using the Services as separately determined by the Company.
2. The usage fee will be calculated at the end of each month, and the registered users shall pay the usage fee for the current month to the Company by the end of the following month through a payment method specified by the Company. The transfer fee and other necessary expenses for payment shall be borne by the registered users.
3. In the event of a delay in payment of the usage fee by the registered users, the registered users shall pay the Company a late payment fee at a rate of 14.6% per annum.

 

Article 6 Management of Account Information

1. Registered users shall manage and safeguard their own user ID and password (hereinafter referred to as "account information") for the Services at their own responsibility, and shall not allow a third party to use it or lend, transfer, change ownership, sell, or otherwise dispose of it.
2. Registered users shall be responsible for damages resulting from inadequate management of account information, errors in use, or use by a third party, and the Company shall not be liable for any such damages.
3. If a registered user discovers that their account information has been stolen or used by a third party, the registered user shall immediately notify the Company of such fact and follow the Company's instructions.

Article 7 Prohibited Conduct

1. When using the Services, the registered users shall not engage in any of the following acts:

1. Acts that infringe upon the intellectual property rights, portrait rights, privacy rights, reputation, or any other rights or interests of the Company, other registered users, external SNS operators, or any other third party, whether directly or indirectly causing such infringement.
2. Acts related to criminal activities or acts that violate public order and morals.
3. Acts that violate laws, regulations, or internal rules of industry organizations to which the Company or the registered users belong.
4. Acts of transmitting information including computer viruses and other harmful computer programs.
5. Acts of transmitting data exceeding a certain data capacity specified by the Company via the Services.
6. Acts of using the Services for commercial purposes.
7. Acts of using the Services for purposes other than hormone tests and related matters.
8. Acts that are reasonably deemed to interfere with the operation of the Services by the Company.
9. Any other acts that the Company reasonably deems inappropriate.

1. The Company may, without prior notice to registered users, delete, suspend transmission, or take other measures with respect to all or part of such information if the Company reasonably determines that the transmission of information by a registered user in the Services falls under any of the items listed in the preceding paragraph or if there is a risk of such falling under the items. The Company shall not be liable for any damages incurred by registered users as a result of measures taken by the Company under this paragraph.

 

Article 8 Suspension of the Services, etc.

1. The Company may suspend or interrupt all or part of the use of the Services without prior notice to the registered users in the following cases:

1. When regular or emergency inspection or maintenance of the computer system related to the Services is necessary.
2. When the computer, communication line, or other equipment stops due to an accident.
3. When the operation of the Services becomes impossible due to force majeure, such as fire, power outage, natural disaster, or other unavoidable circumstances.
4. When trouble, interruption or suspension of service provision, suspension of collaboration with the Services, or specification changes occur in external SNS services.
5. When the Company reasonably determines that suspension or interruption is necessary.

1. The Company may terminate the provision of the Services at its reasonable discretion. In such cases, the Company shall notify the registered users in advance.
2. The Company shall not be responsible for any damages incurred by registered users due to the measures taken by the Company under this Article.

 

Article 9 Burden of Equipment, etc.

1. Registered users shall prepare and maintain the necessary equipment, such as computers, smartphones, software, and other devices, communication lines, and other communication environments at their own expense and responsibility to receive the Services.
2. Registered users shall take security measures, such as preventing computer virus infections, preventing unauthorized access and information leakage, at their own expense and responsibility in accordance with their usage environment of the Services.
3. The Company does not have an obligation to retain information, such as messages and other information sent and received by registered users, for a certain period of time, even if it was saved for operational purposes. The Company may delete such information at any time.
4. When a registered user installs software or other items on their computer or smartphone, etc., by downloading or other means from the Company's website at the start or during the use of the Services, they shall take sufficient care to prevent the disappearance or alteration of their own information, or failure, damage, etc. of their equipment.

Article 10 Ownership of Rights

All ownership and intellectual property rights regarding the Company's website and the Services belong to the Company or to a third party that has granted the Company a license, and permission to use the Services granted based on registration under these Terms does not mean the transfer or permission to use the intellectual property rights of the Company or the third party that has granted the Company a license regarding the Company's website or the Services, except as expressly stated in these Terms. Registered users agree not to engage in any activity that may infringe upon the Company's or a third party's intellectual property rights, for any reason whatsoever, including but not limited to reverse assembling, reverse compiling, or reverse engineering.

 

Article 11 Cancellation of Registration, etc.

1. The Company may temporarily suspend the use of the Services by a registered user, or cancel the registration of a registered user without prior notice or demand, if the registered user falls under any of the following items, we may do so:

1. If the registered user violates any of the provisions of these Terms;
2. If it is found that the registration information contains false information;
3. If the registered user uses or attempts to use the Services for purposes or methods that may cause damage to the Company, other registered users, external social media operators, or other third parties;
4. If the registered user violates the external social media terms of use, or for any other reason, can no longer receive the Services or collaboration of the external SNS operator;
5. If the registered user obstructs the operation of the Services by any means;
6. If the registered user becomes unable to make payments, goes into bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or any other similar proceedings are initiated;
7. If the registered user is subjected to a dishonored treatment for a self-drawn or accepted bill or check, or is subjected to measures such as a suspension of trading by a bill exchange;
8. If there is a petition for seizure, provisional seizure, provisional disposition, forced execution, or auction;
9. If the registered user is subjected to disposition for delinquent taxes and public charges;
10. If the registered user dies;
11. If the registered user falls under any of the items of Paragraph 3, Article 3; or
12. If the Company reasonably determines that the continuation of the registered user's registration is not appropriate.

1. If the registered user falls under any of the items of the preceding paragraph, the registered user shall lose the benefit of the term for all obligations owed to the Company and shall immediately pay all obligations owed to the Company.
2. The registered user may cancel their registration by notifying the Company in the manner specified by the Company.
3. The Company shall not be responsible for any damages incurred by the registered user as a result of our actions under this article.
4. If the registered user's registration is canceled under this article, the registered user shall return, dispose of, or take any other measures with respect to the software, manuals, and other items related to the Services that they have received from the Company, in accordance with the Company's instructions.

 

Article 12 Disclaimer and Limitation of Liability

1. The purpose of the Services is to perform tests based on the specimens provided by registered users for the purposes determined by the Company, and it is not intended for diagnostic purposes. The Company does not guarantee that registered users will be able to discover or treat specific diseases by using the Services.
2. Registered users are responsible for using a test kit to collect blood samples themselves and sending the specimens to the location specified by the Company. The Company is not responsible for any damages incurred by registered users during this process, except for cases where the Company is at fault. Furthermore, registered users agree in advance that if they use the Services beyond the usage period, accurate test results may not be provided.
3. Even if registered users obtain any information from the Company directly or indirectly, including information about the Services, the Company's website, other registered users of the Services, or any other matter, the Company does not provide any guarantee for the registered users beyond what is stipulated in these Terms.
4. While the Services may be linked to external social media, the company does not guarantee such cooperation and will not be held responsible for any problems related to the connection with external social media, except in cases where the Company is at fault.
5. If the Services is linked to external social media, registered users must comply with the external social media terms of use at their own expense and responsibility, and even if a dispute arises between registered users and external social media operators due to violations of the external social media terms of use, the Company will not be responsible for any such dispute.
6. Registered users are responsible for investigating whether their use of the Services violates applicable laws, industry association internal regulations, etc., at their own expense. The Company does not guarantee that the use of the Services by registered users conforms to applicable laws, industry association internal regulations, etc.
7. Transactions, communications, disputes, etc. that arise between registered users and other registered users, external social media operators, or third parties in connection with the Services or the Company's website are the responsibility of the registered users to handle and resolve, except in cases where the Company is at fault, and the Company will not be responsible for any such matters.
8. The Company shall not be responsible for compensating for any damages incurred by registered users related to the interruption, suspension, termination, unavailability, or modification of the Services by the Company, the deletion or disappearance of messages or information from registered users, the cancellation of registration by registered users, the loss of data or damage to equipment due to the use of the Services, or any other matters related to the use of the Services, except where it is attributable to the Company's responsibility.
9. Even if links from the Company's website to other websites or links from other websites to the Company's website are provided, we shall not be liable for any information obtained from websites other than the Company's website, except where it is attributable to our responsibility.
10. The Company shall not be liable for any breach of obligations under the Usage Agreement to registered users during the period in which the Company is unable to perform our obligations due to circumstances beyond our reasonable control, including but not limited to fire, power failure, hacking, computer virus intrusion, earthquake, flood, war, epidemic, trade embargo, strike, riot, inability to secure goods and transportation facilities, intervention, instruction, or request by government agencies or local governments, or the establishment, amendment, or abolition of domestic or foreign laws and regulations.
11. Even if the Company is liable for damages to registered users due to the application of the Consumer Contract Act or other mandatory laws and regulations, the Company's liability for damages shall be limited to the total amount of usage fees actually received from the registered user for the Services.

 

Article 13 User's Liability for Damages, etc.

1. The registered user shall be liable to compensate the Company for any damages caused to the Company in connection with the use of the Services or by violating these Terms.
2. In the event that a registered user receives a claim from another registered user, an external social media operator, or any other third party, or disputes arise between such parties in connection with the use of the Services, the registered user shall immediately notify the Company of the details thereof, and shall handle such claim or dispute at the registered user's own expense and responsibility, and shall report the progress and results thereof to the Company upon request.
3. n the event that the Company receives any claims from other registered users, external social media operators, or any other third parties due to a registered user's use of the Services that infringes their rights or for any other reason, the registered user shall compensate the Company for the amount that the Company has been forced to pay to such third party based on such claim.

 

Article 14 Handling of Personal Information, etc.

1. The handling of registered user's personal information (meaning "personal information" as defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information) by the Company shall be in accordance with the Company's separately designated Privacy Policy, and the registered user agrees to the Company's handling of their personal information in accordance with this Privacy Policy.
2. The Company may use and disclose the information and data provided by the registered user to the Company as statistical information in an unidentifiable manner at the discretion of the Company, and the registered user shall not object to this.

 

Article 15 Term of Validity

The Usage Agreement will become effective on the date when registration for a registered user is completed based on Article 3, and will continue to be valid between the Company and the registered user until the earliest of either the date the registration of the registered user is canceled or the date the provision of the Services ends.

 

Article 16 Changes to these Terms

1. The Company may freely change the contents of the Services.
2. The Company may change these Terms (including rules and provisions related to the Services posted on the Company's website; the same applies hereinafter). When the Company changes these Terms, it will notify the details of the changes and the effective date of the changes by the designated method by the Company until the effective date. If a registered user uses the Services after the effective date or does not take steps to cancel the registration within the period designated by the Company, the registered user will be deemed to have agreed to the changes in these Terms.

 

Article 17 Contact/Notification

Inquiries regarding the Services or other communications or notifications from registered users to the Company, as well as notifications regarding changes to these Terms or other communications or notifications from the Company to registered users, shall be conducted by the method designated by the Company.

Article 18 Transfer of these Terms, etc.

1. Without prior written consent from the Company, registered users may not transfer, assign, pledge, or otherwise dispose of their status under the Usage Agreement or their rights or obligations under these Terms to any third party.
2. In the event that the Company transfers the business of the Services to a third party (including but not limited to business transfer, company split, or any other form), the Company may transfer the registered user's position under the Usage Agreement, rights and obligations based on this Agreement, as well as the registered user's registration information and other customer information to the transferee of such transfer. Registered users are deemed to have agreed in advance to such transfer under this provision.

 

Article 19 Entire Agreement

These Terms constitute the complete and exclusive agreement between the Company and registered users regarding the matters included in these Terms, and supersedes all prior agreements, statements, and understandings, whether oral or written, between the Company and registered users regarding the matters included in these Terms.

 

Article 20 Separability

Even if any provision or part of these Terms is deemed invalid or unenforceable under the Consumer Contract Act or any other laws and regulations, the remaining provisions of these Terms and the remaining parts of the provision deemed invalid or unenforceable shall remain in full force and effect. The Company and registered users shall make efforts to modify the invalid or unenforceable provision or part to make it legal and enforceable to the extent necessary to ensure that the purpose and legal and economic effect of the invalid or unenforceable provision or part are achieved to the fullest extent possible.

 

Article 21 Survival Provisions

The provisions of Article 5 (only in the case of unpaid fees), Article 6, paragraph 2, Article 7, paragraph 2, Article 8, paragraph 3, Article 9, Article 10, Article 11, paragraphs 2, 4, and 5, and Articles 12 through 14, as well as Articles 18 through 22, shall remain in effect even after the termination of the Usage Agreement.

 

Article 22 Governing Law and Jurisdiction

These Terms shall be governed by the laws of Japan, and any and all disputes arising from or in connection with these Terms shall be exclusively submitted to Tokyo District Court or Tokyo Summary Court as the court of first instance having exclusive jurisdiction.

 

Article 23 Consultation and Resolution

If any matter not provided for in these Terms arises, or if there is any doubt as to the interpretation of these Terms, the Company and registered users shall promptly consult with each other in good faith and make efforts to resolve the matter.

 

[Established on November 4, 2020]