MOBIRY Service Terms of Use

Article 1 (Scope of Application)

1. These Terms shall apply to all relationships between the customers who use the Services (hereinafter referred to as "Users") and the Company.
2. When using the Services, Users shall cooperate with these Terms and the Services in order to comply with the provisions of the usage conditions for the individual items of content and services provided with the Services by the Company or a third party other than the Company (hereinafter referred to as "Individual Service Terms of Use", and together with these Terms as "Terms, etc.").
   In the event of differences between these Terms and the Individual Service Terms of Use, the Individual Service Terms of Use shall take precedence.
3. The Company shall reserve the right to revise these Terms, etc. (excluding Individual Service Terms of Use concerning Individual Services provided by third parties other than the Company) at any time without notifying Users in advance. The revised Terms, etc. shall be published in an appropriate location on the Services or the Company's website.
4. Upon accessing the Services and using the Individual Services, Users are deemed to have consented to these Terms, etc.

Article 2 (Definitions)

Definitions of terms used in these Terms shall be as follows, unless otherwise defined in these Terms.

1. Services: Information and communication services for smartphones, provided by the Company for the purchase and use of "digital tickets" for public transportation and to search for travel routes
2. Services-Supported Device: General name for a smartphone model that is managed and used by Users, and that is designated by the Company as capable of using the Services
3. Individual Service: Individual item of content and service that is provided by the Company or a third party other than the Company with the Services
4. Individual Service Provider: Business entity that provides an Individual Service
5. Payment Service: Service designated by the Company that can link with the Services for the payment of usage fees, etc., when an Individual Service that requires payment is used with the Services
6. Payment Service Provider: Business entity that provides payment methods through Payment Services (including, but not limited to, credit card companies, clearing houses, collection agencies, payment authentication service providers, and financial institutions)
7. Payment Regulations: Regulations regarding the use of the payment methods specified by a Payment Service Provider, etc., or the payment method, etc.
8. SNS that Supports Social Login: Social network service provided by a business entity other than the Company, and designated by the Company to link with the Services to allow logging in to the Services

Article 3 (Establishing a Contract)

1. Upon consenting to the provisions of these Terms, etc., Users shall submit applications for the use of the Services to the Company, via the web screen for the Services.
2. Once it becomes possible to use the Services following the submission of an application by a User in accordance with the preceding paragraph, it shall be deemed that the Company has accepted said application by the User, and that a contract has been established between the User and the Company in accordance with these Terms.
3. When a User uses an Individual Service, a contract for the use of said Individual Service is established directly with the Individual Service Provider, apart from these Terms. A contract for the use of an Individual Service shall be in accordance with the Individual Service Terms of Use.
4. The Company shall grant Users the right to use the Services in accordance with the provisions of these Terms, etc., and for the Services-Supported Devices only.

Article 4 (Denial/Suspension of Use)

1. The Company shall not provide the Services to a User who does not enter the information, in full or in part, that is required when applying for the Services, or to a User who does not consent to these Terms, etc.
2. The Company shall reserve the right to suspend the provision of the Services, even after usage of the Services has already started, to a User for which any of the following apply.
   1. When the User is in violation of these Terms, etc.
   2. When it is revealed that use of the Services or an Individual Service has been suspended in the past due to the User being in violation of these Terms, etc.
   3. When it is revealed that the information submitted by the User when applying to use the Services is false and/or entered incorrectly
   4. When it is revealed that the User is in violation of the terms of use for a service other than an Individual Service
   5. In addition, when the Company determines that an individual is otherwise ineligible as a User

Article 5 (Usage Conditions)

1. The Services can be used after a User uses a Services-Supported Device to access, via a communication line, the website for the Services and performs the procedures prescribed by the Company.
2. Users can use the Services on the condition that they comply with these Terms, etc. The Services can only be used by the User himself/herself. If the Services are used by a third party other than the appropriate User, the Company shall bear no liability toward said User or said third party.
3. Functions that link the Services and Individual Services might become restricted or unavailable, at the discretion of the Individual Service Provider, without notification. The Company shall not be liable for any damages that are incurred as a result of said restrictions or loss of availability.

Article 6 (Cautionary Information)

When using the Services, the User shall comply with the following provision, for the User's own safety.

1. It is extremely dangerous to operate or view the screen of a Services-Supported Device while driving a vehicle or walking. Therefore, be sure to come to a stop in a safe location when using the Services, in order to avoid violating the Road Traffic Act or other laws

Article 7 (Usage Fee)

1. There is no charge for the use of the Services. However, the User shall be responsible for all usage fees and other charges that are incurred from the use of Individual Services that require payment with the Services.
2. If a User is obliged to pay a usage fee, etc. for an Individual Service that was used with the Services, said User shall use a Payment Service to settle said payment. In addition, if the User cancels the use of an Individual Service that was paid for with a Payment Service, or otherwise has the right to receive a refund, said refund shall be received through a Payment Service.
3. When using a Payment Service, the User shall comply with the provisions of the contract regarding the Payment Regulations stipulated by the Payment Service Provider.
4. When using a Payment Service, the User shall use a payment method (credit card, etc.) that has been registered according to the Payment Regulations or as designated by the Payment Service Provider, to settle payments. A Payment Service shall be used only by the User who is registered to use the applicable payment method, and said User shall comply with any restrictions that are stipulated by the Payment Service Provider, such as usage conditions, payment conditions, or maximum limit on use.
5. In the event of a dispute regarding a Payment Service or with a Payment Service Provider, the User shall bear responsibility for resolving said dispute at his/her own expense, and shall not subject the Company to any damage. The Company shall bear no responsibility regarding such disputes.
6. The User shall bear the expense for equipment such as Services-Supported Devices and communication equipment that are required to use the Services, as well as communication fees related to Internet connections.

Article 8 (Obtaining Personal Information, etc.)

In providing the Services, the Company shall obtain personal information from Users, such as the User's name and e-mail address (as stipulated in Article 2, Paragraph 1 of the Act on the Protection of Personal Information (Act No. 57 of 2003), hereinafter referred to as "Personal Information") , as well as other User information and location information.

Article 9 (Handling of Personal Information)

The Company shall handle User's Personal Information appropriately and in accordance with these Terms, etc., the Company's "Basic Policy Regarding Personal Information", and Japan's Act on the Protection of Personal Information.

Basic Policy Regarding the Protection of Personal Information

https://www.hiroden.co.jp/company/csr/privacy.html

Article 10 (Purpose of the Use of Personal Information, etc.)

1. The Personal Information of Users that is obtained through the Services shall be used for the following purposes.
   1. To provide and operate the Services
   2. To answer inquiries from Users (including the implementation of identity verification)
   3. To send notification about new functions, update information, requests for responses to User questionnaire, campaigns, and other information regarding the Services, as well as other services provided by the Company
   4. To send information regarding maintenance and other important notices regarding the Services, as necessary
   5. To identify and deny use of the Services to Users who are in violation of these Terms, etc., or who intend to use the Services for unauthorized or unjust purposes
   6. To allow Users to view, change, and/or delete their registered information themselves, and/or to view their usage status
   7. To charge Users usage fees for Individual Services that require payment
   8. To conduct research and analysis to improve the Services and assess the impact of the Services
   9. Purposes related to the above usage purposes
2. Users shall consent to the Company processing User's Personal Information and other information into statistical data that cannot be used to identify an individual, for subsequent use by the Company.

Article 11 (Confirmation, Modification, and Deletion of Personal Information)

Users can view, modify, and delete their own Personal Information in accordance with the procedures stipulated for the Services. However, the Company might not be able to immediately respond to User's requests, due to server and/or network maintenance and/or failure.

Article 12 (Entrusting the Handling of Personal Information)

The Company shall reserve the right to entrust the handling of Personal Information that has been obtained through the Services, to other business entities within the scope necessary to achieve the purpose of use stipulated in Article 10 herein. As of February 1, 2021, Personal Information has been entrusted to the following parties.

1. Credit card information
   GMO Payment Gateway, Inc.

Article 13 (Providing Personal Information, etc. to Third Parties)

1. The Company shall not provide the Personal Information of Users to a third party, except in the following cases.
   1. When consent is obtained from the User
   2. When required by law
   3. When necessary to protect the life, physical health, or property of an individual, and it is difficult to obtain the consent of the User
   4. When particularly necessary to improve public health or promote the sound development of children, and it is difficult to obtain the consent of the User
   5. When necessary in order to cooperate with an agency of the national government or a local government, or a party entrusted with the duties of said agency, that is conducting affairs stipulated by laws and regulations, and when obtaining the consent of the User could interfere with said affairs
   6. When there is a legitimate reason, such as an urgent need to contact the User
2. Notwithstanding the provisions of the preceding paragraph, Users shall consent to provide their Personal Information to group companies of the Company and Individual Service Providers other than the Company, within the scope necessary for the Company to achieve the purpose of use stipulated in Article 10 herein.
3. The Services incorporate the Google Maps Platform and the Google Analytics module, and search conditions, IP addresses, and latitude/longitude coordinates may be provided to Google LLC. Therefore, notwithstanding the provisions of Paragraph 1, Users shall consent to the provision of said information to Google LLC by the Company, and the use and retention of said information by Google and its affiliates, in accordance with Google's privacy policy (https://www.google.com/policies/privacy/), to provide and improve Google's services and these Services.
4. Users shall consent to the Company processing User's Personal Information and other information into statistical data that cannot be used to identify an individual, for provision to a third party.

Article 14 (Responsibility for Management of Accounts/ Passwords)

1. Users shall be responsible for managing their own accounts for SNS that Support Social Login and the passwords for said accounts (hereinafter collectively referred to as "Accounts, etc."), and shall bear full responsibility for all actions taken when using said Accounts, etc. and the results of said actions, regardless of whether the User actually performed said actions.
2. Users shall not loan their Accounts, etc. to a third party, or otherwise allow their Accounts, etc. to be used by a third party. In the unlikely event that the use of a User's Account, etc. by a third party results in damages to a User or third party, the Company shall bear no responsibility for said damages regardless of the cause.
3. Users shall not use the Account, etc. of a third party to use the Services. In the unlikely event that a User uses the Account, etc. of a third party to use the Services, the User shall immediately provide compensation for any damage incurred by said usage, and shall bear responsibility for resolving any dispute that occurs as a result at the User's own expense.

Article 15 (Intellectual Property Rights)

1. Intellectual property rights such as copyrights, trademark rights, design rights, etc. related to information such as text, images, photographs, audio, and video (hereinafter referred to as "Copyrighted Material, etc.") provided by the Services and/or Individual Services belong to the Company or Individual Service Provider. Users shall not be able to use any Copyrighted Material, etc. obtained through the Services beyond the scope explicitly permitted within the Services, or beyond the scope of private use recognized by copyright law.
2. The Company shall reserve the right to use, free of charge, any proposals, impressions, or other opinions from Users regarding the Services.

Article 16 (Prohibitions)

Users are prohibited from taking the following actions when using the Services. The Company shall reserve the right to immediately suspend or prohibit the use of the Services by a User, without prior notice, if it is determined that said User has taken any of the following actions.

1. Unauthorized access to or attacks upon the Services, or the potential of such actions being taken
2. Impairing the provision of the Services, or any other act that impairs the provision and operation of the Services, or the potential of such actions being taken
3. Use of the Services for commercial or business purposes, or actions related to such use by a third party
4. Use of the Services in combination with other applications or services (excluding Individual Services)
5. Reverse engineering, such as the decompiling and disassembly of the Services
6. Interfering with the Company's sales activities, or the potential of such actions being taken
7. Impersonating a third party, or using a third party's User account
8. Invading the privacy of a third party, or the potential of such actions being taken
9. Interfering with the intellectual property of the Company or a third party, such as copyrights or trademark rights, or interfering with other rights, or the potential of such actions being taken
10. Actions that result in a disadvantage or damages to the Company or a third party, or the potential of such actions being taken
11. Criminal actions or actions that are linked to criminal acts, or the potential of such actions being taken
12. Actions that are in violation of laws or public order and morals, or the potential of such actions being taken
13. Actions that directly or indirectly induce or facilitate the actions stipulated in the preceding items, or any attempt to take the actions stipulated in the preceding items
14. In addition to the preceding items, acts that the Company determines to be inappropriate based on a reasonable ground

Article 17 (User's Obligations)

1. In the event that a User causes damage to the Company or a third party due to an action that is in violation of these Terms, etc. or otherwise unjust or illegal, said User shall provide compensation for any damages incurred by the Company or said third party.
2. In the event that a third party incurs damage through a User's use of the Services or an Individual Service, said User shall bear responsibility for resolving said dispute at his/her own expense, and shall not subject the Company to any damage.

Article 18 (Exemption of Liability)

1. The Company provides no guarantee regarding the use and/or accuracy, completeness, currentness, usefulness, operation, or quality, etc. of the provision of the Services, SNS that Support Social Login, or Payment Services, and bears no liability for any damages to Users or third parties as a result of the use of the Services, SNS that Support Social Login, or Payment Services.
2. The Company does not guarantee the operation and quality of Individual Services provided by third parties other than the Company, and shall bear no responsibility even in the event that a User incurs damages due to the use of the said Individual Services.
3. The Company shall bear no obligation or responsibility toward the User in the event that the provisions of the Services or Individual Services are modified and/or terminated in accordance with Article 19, Article 20, and/or Article 21 of these Terms.
4. In the event that a dispute arises between the User and an Individual Service Provider other than the Company, a business entity that provides SNS that Supports Social Login, or a Payment Service Provider, said dispute shall be resolved between the User and said provider / business entity, and the User shall make no claim or complaint against the Company.
5. In the event that any of the following provisions apply, the User will not be allowed to use the Services or Payment Service, in full or in part, and the Company shall bear no liability for any damages or loss incurred by the User or a third party, except in the event of the Company's deliberate action and/or gross negligence.
   1. When the information provided by the User is incorrect
   2. When a Services-Supported Device or its peripherals do not function properly due to incorrect installation and/or connection, malfunction, damage, defect, or when the combination of said devices is incompatible, or when functions and/or settings that interfere with the Services or Individual Services are used
   3. When the User does not comply with the matters described in the instruction manuals for Services-Supported Devices and/or their peripherals
   4. When power is not being supplied normally due to a dead battery in the Services-Supported Device and/or its peripherals
   5. When the power of a Services-Supported Device and/or its peripherals is not turned on

Article 19 (Temporary Interruption of the Services)

1. The Company shall reserve the right to temporarily interrupt the provision of the Services, without notification, when any of the following apply.
   1. When regularly scheduled or emergency system maintenance is performed for the Services
   2. When provision of the Services becomes impossible due to fire, power outage, war, riot, mayhem, labor dispute, etc.
   3. When provision of the Services becomes impossible due to natural disaster, such as an earthquake, eruption, flood, or tsunami
   4. When the communication service used for the Services is suspended or a failure occurs
   5. When communication interference occurs as a fault of the usage environment of Services-Supported Devices, or other circumstances
   6. When the Company otherwise determines that it is necessary to temporarily suspend the provision of the Services due to operational or technical reasons
2. In the event that the Company notifies Users of a temporary suspension of the Services, the Company shall send said notification in the manner it deems appropriate. However, this shall not apply in the event of an emergency, or when notification is not otherwise possible due to unavoidable circumstances. Regardless of whether notification is provided, the Company shall bear no liability even if a User incurs damage (including cases in which the Services cannot be used due to its interruption or suspension) as a result of the measures stipulated in the preceding paragraph.

Article 20 (Modifying/Abolishing the Services)

The Company reserves the right to add, modify, and/or delete the Services or Individual Services, in full or in part (including the termination of links with external services), without an advance notice or consent.

Article 21 (Provision of the Services and Termination of these Terms)

1. The Company shall reserve the right to terminate the provision of the Services, without notification to Users. Upon termination of the provision of the Services, these Terms shall be terminated at the same time the provision of the Services is terminated.
2. Notwithstanding the provisions of the preceding paragraph, Article 7 of these Terms shall remain in effect until the payment of usage fees or cancellation fees for the Services and Individual Services are completed in full, and Paragraph 3 of Article 3, Paragraph 2 and Paragraph 3 of Article 5, Article 7, Article 8, Article 15, Article 16, Article 17, Article 18, this Article, and Article 22 herein shall remain in effect even after the termination of these Terms.

Article 22 (Measures after Termination of Provision of the Services)

The Company shall delete the Personal Information of Users that is obtained through the Services promptly after the termination of the provision of the Services. Information that is not considered Personal Information might be continued to be used as statistical material.

Article 23 (Exclusion of Antisocial Forces)

1. Users shall affirm that they are not, either currently or in the future, affiliated in any way with organized crime, a member of an organized crime group or have been a member of an organized crime group within the past 5 years, an associate member of an organized crime group, a member of a company that is associated with an organized crime group, an extortionist, a member of a social movement, or a member of a special intelligence organized crime group (hereinafter referred to collectively as "Antisocial Forces").
2. In the event that any of the following apply to a User, the Company shall reserve the right to cancel said User's account usage service contract without notification, and/or suspend or prohibit use of the Services by said User.
   1. When it is determined that the User is a member of an Antisocial Force
   2. When the User, either on their own or through a third party, attacks the Company through the use of violence, threatening rhetoric, counterfeiting, or the use of power to damage credibility or interfere with business
   3. When a User permits an Antisocial Force use of said User's name to use the Services, or to establish an account usage service contract

Article 24 (Governing Law / Exclusive Jurisdiction)

Japanese law shall be the governing law regarding the interpretation of these Terms and the resolution of disputes regarding these Terms, and the Hiroshima District Court shall be the exclusive court of jurisdiction of the first instance concerning all disputes regarding these Terms and the Services.