APP TERMS

This English translation is provided for convenience. If there is any discrepancy between this translation and the Japanese version, the Japanese version shall prevail.

“Kintore MEMO” (the “Service”) is an information service provided by Kintore MEMO Co., Ltd. (the “Company”). The Company establishes the following Terms of Use for the Service. The Service is available on the condition that the customer has entered into an agreement for internet access and has registered an account with the App Store or Google Play Store.

Please read the following provisions before deciding whether to use the Service.

The following provisions constitute the terms of the agreement concerning use of the Service with each user of the Service (the “Customer”).

You must agree to these Terms of Use in order to receive the Service.

Please use the Service only if you agree to all of the following provisions.

By using the Service, you will be deemed to have agreed to these provisions.

Article 1 (General Provisions)

These Terms apply to all relationships between the Company and the Customer concerning use of the Service.

Article 2 (Definitions)

(1) “Free User” means a Customer who may use only part of the Service free of charge.

(2) “Subscription User” means a Customer who may use the subscription service, including cloud backup, access to limited special sharing images, ad removal, an increased number of exercises that can be registered, and other features separately specified by the Company in the service overview.

(3) “Subscription Cancellation” means changing a Subscription User back to a Free User. These Terms will continue to apply after the Customer becomes a Free User through Subscription Cancellation until the Customer withdraws from the Service.

(4) “Withdrawal” means deleting the application related to the Service from the Customer’s mobile device and thereby deleting the Customer’s registration for the Service.

Article 3 (Fees)

1. The monthly fee for the Service’s subscription service will be as separately specified by the Company in the service overview.

2. When using the Service’s subscription service, please review the terms governing App Store subscriptions or Google Play Store recurring purchases.

3. All use of the Service on a smartphone device owned by the Customer will be deemed use by the Customer.

4. The Company will not refund any fee already paid for any reason.

5. Communications charges apply in addition to the Service fee. If a packet data service is used, data transmission and reception charges apply.

6. The Customer agrees that the fees for the Customer’s use will be collected on the Company’s behalf through the App Store subscription or Google Play Store recurring purchase used by the Customer.

7. If the Customer fails to pay a fee when due or otherwise violates these Terms, the Company may suspend provision of the Service to the Customer or terminate the service agreement without notice or demand.

Article 4 (Copyright and License)

All intellectual property rights and other rights in all content provided by the Company within the Service, including videos, images, and other printed materials (collectively, “Content”), belong to the Company or the information providers that license such content to the Company.

The Customer may not reproduce, copy, correct, modify, or transfer to a third party the Content or any part of the Service without authorization.

The Customer must not take any action that threatens or restricts, or may threaten or restrict, the rights of the Company, mobile network operators, or any other third party in relation to the Service.

In addition to the preceding three paragraphs, all copyrights and other rights in this application and in-app data belong to the Company or the lawful rights holder.

Except as provided in these Terms, the Customer may not reproduce, publicly transmit, transfer, rent, adapt, or otherwise use this application or in-app data by any means. Commercial use in particular is not permitted.

The license granted by the Company to the Customer for this application and in-app data is non-exclusive.

The Customer may not sublicense this application or in-app data.

Article 5 (Prohibited Conduct)

1. The Customer may not engage in any of the following conduct:

(1) Except for the acts provided in paragraphs 1 through 5 of the preceding Article, reproducing, extracting, transcribing, processing, altering, or commercially using all or any part of the Content;

(2) Permitting a third party to use the Content, including any full or partial copy, extract, or other derivative use, whether for a fee or free of charge and regardless of the method or form, including transfer, rental, licensing, or transmission;

(3) Transmitting to the Service photos, images, or videos of a person where the Customer neither owns the portrait rights nor has obtained permission regarding portrait or privacy rights, or otherwise infringing legally protected rights of a third party;

(4) Printing an image registered by a third party or obtaining a video registered by a third party;

(5) Transferring to a third party any right or obligation under the service agreement; or

(6) Otherwise violating these Terms.

2. The Customer will be liable to compensate the Company for all damage suffered by the Company as a result of any prohibited conduct listed in the preceding paragraph.

Article 6 (Warranty)

1. If the Customer suffers damage due to use of, or inability to use, the Service, the Company’s liability will not exceed the amount of fees paid by the Customer for the Service, except where the damage results from the Company’s willful misconduct or gross negligence. Mobile network operators will bear no liability whatsoever.

2. The Company will have no obligation to compensate for problems or damage arising from downloading or using Content.

3. This Article sets forth the Company’s entire liability concerning the Service and printed materials.

Article 7 (Responsibility)

1. The Customer is solely responsible for their own actions taken through use of the Service.

2. When using this application, the Customer will manage, at their own responsibility, the device on which the application is installed (the “Customer Device”) and will be responsible for all actions taken using the Customer Device.

3. The Customer will be solely responsible for any damage suffered due to inadequate management of the Customer Device, operational error, use by a third party, or similar cause, regardless of the Customer’s intent or negligence, and the Company will bear no liability.

4. The Company will bear no liability for loss of data held by the Customer or any other disadvantage suffered by the Customer due to loss or similar event involving the Customer Device.

5. If the Company directly or indirectly incurs any damage, loss, or expense, including attorneys’ fees, arising from the Customer’s use of the Service in violation of laws or these Terms, including where the Company receives a claim to that effect from a third party, the Customer must immediately compensate or indemnify the Company as requested by the Company.

Article 8 (Service Suspension and Disclaimers)

1. The Customer agrees that the Company may temporarily suspend all or part of the Service in order to conduct regular maintenance or inspections of the servers, software, and other systems used to provide the Service (the “System”).

2. The Customer agrees that the Company may temporarily suspend all or part of the Service without prior notice to the Customer in any of the following circumstances:

(1) Emergency maintenance or inspection of the System is required;

(2) The Service cannot be provided due to fire, power outage, or another accident; earthquake, flood, or another natural disaster; war, riot, labor dispute, or a similar event;

(3) The Service cannot be provided due to a System failure or similar event; or

(4) The Company determines that temporary suspension of the Service is operationally or technically unavoidable.

3. The Company does not warrant that the Service will be free from interruption, suspension, or other failure.

4. The Company will not be liable for the loss of data stored on the Service. The Company recommends that Customers back up their own data, including by using standard iOS backup functionality.

5. The Company will bear no liability for any trouble, damage, or other loss suffered by the Customer as a result of the Customer permitting a third party to use images provided through the Service.

6. The Company will bear no liability for any damage arising from a change to, suspension of, or termination of the Service.

7. The Company does not warrant the legality, morality, reliability, accuracy, completeness, usefulness, or other qualities of the Service and will bear no liability concerning the same.

8. The Company does not warrant the legality, morality, reliability, accuracy, usefulness, or other qualities of any external website linked from the Service or any product offered through such website and will bear no liability concerning the same.

9. The Company does not warrant the content, quality, or other aspects of products, services, information, transactions, or similar matters provided to Customers by advertisers or other partners through the Service, email newsletters, or similar channels, and will bear no liability for them. Promotions and campaigns conducted by partners take place between the partner and the Customer, and the Company has no involvement in them.

10. If the Customer engages in conduct falling under the prohibited matters in the preceding Article, the Company may, without notifying the Customer, take necessary measures such as deleting Customer information, effecting compulsory Withdrawal, or suspending use. If the prohibited conduct causes damage to the Company, the Company may seek compensation from the Customer or report the matter to public authorities.

11. The Company may terminate the Service at any time at its discretion.

12. The cloud storage feature included in the subscription service is available only in the iOS version. Data migration to the Android version is not supported.

13. The Company will bear no liability if the cloud storage feature included in the subscription service does not function during a device change and data stored on the Service is consequently lost. The Company again recommends that Customers back up their own data, including by using standard iOS backup functionality.

14. If the Company is liable to compensate the Customer notwithstanding this paragraph or any other provision excluding the Company’s liability, due to application of Japan’s Consumer Contract Act or for any other reason, the scope of the Company’s liability will be limited to direct and ordinary damage actually arising from a cause attributable to the Company, and the maximum amount will be the equivalent of one monthly fee.

15. Information provided by the Company through the Service is general health information. It is not individualized information constituting medical care or another medical act requiring a qualification under Japan’s Medical Practitioners’ Act or other laws and regulations. The Company does not guarantee that information provided by the Company will improve the health condition of any user. The Company will bear no liability if a Customer suffers reduced physical function or any other health-related harm in connection with use of this application.

Article 9 (Subscription Cancellation and Withdrawal)

1. A subscription will renew automatically unless the Subscription User completes the Withdrawal procedure specified in the following paragraphs.

2. A Subscription User may cancel their status as a Subscription User by completing the procedure specified by the App Store or Google Play Store. When Subscription Cancellation takes effect, the Customer loses Subscription User status and becomes a Free User. Subscription Cancellation takes effect at the end of the billing period specified by the App Store or Google Play Store that is in effect when the cancellation procedure is completed, and no prorated adjustment will be made.

3. Even after a Subscription User’s Subscription Cancellation takes effect, during the retention period specified by the Company, the Customer may view and use all images and videos stored on the Service before Subscription Cancellation and may use the ad-removal feature.

4. After the retention period specified by the Company has elapsed following a Subscription User’s Subscription Cancellation, the Customer will no longer be able to view or use any images or videos stored on the Service before Subscription Cancellation and will no longer be able to use the ad-removal feature.

5. Even if a user of the Service completes Subscription Cancellation or Withdrawal, the Company will not refund any fees for paid content, including usage fees received by the Company.

6. In addition to this Article, further details will be governed by the payment policies specified by the App Store or Google Play Store.

Article 10 (Handling of Personal Information)

1. The Company may use the Customer’s personal data, meaning personal information and personal data as defined in Japan’s Act on the Protection of Personal Information, excluding portrait data, for the following purposes:

(1) Management and operation of the Service;

(2) Provision of information and guidance concerning products, services, and other information related to the Service;

(3) Information about and implementation of events and campaigns related to the Service;

(4) Questionnaires, research, and analysis for planning, developing, and selling the Service;

(5) When necessary to provide or maintain the Service; and

(6) Provision of advertisements, including third-party advertisements, in email newsletters and similar communications sent by the Company.

2. The Company will manage and use personal data registered by the Customer in connection with the Service in accordance with applicable laws and regulations.

3. Other handling of personal information will be governed by the Company’s separately established Privacy Policy.

4. Notwithstanding the preceding three paragraphs, the Company will not use individual portraits or other image or video data registered by the Customer in any manner other than as provided in Article 3.

Article 11 (Changes to the Terms)

1. For any reason, the Company may change these Terms, including by revising, adding, updating, or deleting provisions, without prior notice to Customers, including users of the Service. If these Terms are changed, fees and all other matters concerning the Service will be governed by the revised Terms.

2. Revised Terms will take effect when posted on the Company’s website. If the Customer subsequently uses the Service, the Customer will be deemed to have agreed to the changes.

Article 12 (Governing Law and Jurisdiction)

The provision of the Service is governed by the laws of Japan.

The Tokyo District Court will have exclusive jurisdiction as the court of first instance over litigation concerning the Service.

End

Established July 11, 2022