JINS MEME Official App Terms of Use

These JINS MEME Official App Terms of Use (these “Terms of Use”) set forth the terms and conditions for when the customer (the “User”) downloads to the User’s device (the device on which the App is downloaded shall hereinafter be referred to as the “Device”) and uses the JINS MEME Official App (including the items set forth in Article 4; the “App”) provided by JINS Inc (“JINS”). These Terms of Use apply to the entire App. The User shall use the App after agreeing with these Terms of Use as the contents of the agreement. The App may have restrictions on the countries and areas that can be downloaded or updated.

Article 1. Terms of Use

1. In order for the User to use the App, the User will need to agree to these Terms of Use upon reading and fully understanding the contents hereof.
2. If the User is a minor, please obtain the consent of a person who has parental authority when using the App.
3. The User shall use the App by complying with these Terms of Use.
4. These Terms of Use shall apply only to the App. If apps other than those provided by JINS are used, please confirm the terms of use, privacy policies and other provisions set forth by each app.

Article 2. Use of the App

1. The User may use the App on the condition of registering for a JINS MEME account (the “User Account”) and logging in by using the registered e-mail address and password.
2. The User must strictly safeguard the registered e-mail address and password at the User’s own responsibility and shall not allow the use thereof by a third party. JINS may deem the use of the App through the User account as User’s own use.
3. In using the App, the User shall, at User’s own responsibility and expense, prepare JINS MEME which works with the App (the “Eyewear”), as well as the necessary telecommunication device, operation system, telecommunication means, etc.

Article 3. Usage Fees

1. The App may require monthly or annual fees (the “Paid Plan”). Details of the usage fees are published on the homepage of JINS MEME or the downloaded pages of the App. JINS may revise the usage fees without obtaining the User’s consent; the User shall pay the revised fees from the effective period for the Paid Plan which arrives after the revision date in a manner designated by JINS.
2. The User shall take the payment procedures through the Apple AppStore or Google Play store.
3. On the Paid Plan, the surcharge automatically arises unless cancellation of renewal is made within 24 hours before termination of the effective period. Management of the Paid Plan and turning off the automatic renewal may be made in the iOS/Google Play account settings at any time.
4. If the effective period of the Paid Plan terminates and no renewal or new registration is made, it will no longer be possible to use the relevant App or review the data accumulated during the effective period of such App.
5. In the event that the User cancels or uninstalls the use of the App during the effective period of the Paid Plan, or if JINS deletes the User account in accordance with these Terms or Use, or if JINS takes measures for suspension of use or operation of the App, or in other similar cases, no usage fees already paid shall be refunded for any reason whatsoever.

Article 4. Items

1. Within the App, virtual items or services (collectively, the “Items”) may be obtained with or without compensation. The contents of the Items, and the details including manner of acquisition and prices, etc., are published within the JINS MEME homepage, the App or on the pages where the Items are obtained.
2. In obtaining paid Items, the User shall take the relevant price payment procedures through the Apple AppStore or Google Play store.
3. Upon completing the procedures for obtaining the Items (the payment procedures as set forth in the preceding paragraph in the case of obtaining paid Items), a license for using the Items shall be granted to the User. The User may use the Items in accordance with these Terms of Use and in the manner of use designated by the App.
4. The User agrees that the User will not obtain any ownership in the Items.
5. The User shall in no way, whether within or outside of the App, sell, transfer, or exchange Items under the use license.
6. In breaching the preceding paragraph, JINS may delete the User’s Items, the use license thereof, or the User’s account.

Article 5. Matters to be Noted Regarding the Use of the App

1. The App is not intended to be used for the diagnosis, treatment, rehabilitation or prevention of diseases, or to provide medical or other the User’s physical or mental health, the User shall consult with physicians or other professionals at the User’s own responsibility, shall not disregard professional medical advice by relying on the information provided by the App, and shall not delay in consulting with professionals.
2. The stretch and exercise routines provided by the App are not necessarily suitable for all people. In addition, the contents provided by the App include contents that may relax people and induce drowsiness and may cause injury or accidents to the User; thus, sufficient care should be taken with regard to the surrounding circumstances to ensure safety, and the User shall engage in such stretch and exercise routines using their reasonable physical and mental strength.
3. The User agrees that the User shall be responsible for any injury and other damage incurred in relation to the use of the App, and JINS shall in no way be liable therefor.

Article 6. Intellectual Property Rights Concerning the App

The App is protected by the copyright laws and treaties concerning copyrights in Japan and various relevant countries, as well as by other laws and treaties concerning intellectual property rights, and such rights belong to JINS or the rights holders having lawful rights. JINS and the rights holders having lawful rights do not transfer or license to the User any copyrights, patent rights, trademark rights or other intellectual property rights regarding the App, beyond the extent necessary for the use of the App.

Article 7. Prohibited Matters

The following acts are prohibited in regard to the use of the App:

• Acts of using the App in a manner or means to infringe the legal interests of others and violate public order and morals;
• Acts that violate the Road Traffic Act and other laws and regulations, criminal acts, unlawful acts or acts tied thereto, or acts that incite or aid and abet such acts;
• Acts of violent or sexual expressions, discriminatory acts based on race, nationality, creed, gender, social status, lineage, etc., acts that induce or encourage suicide, self-harming acts or drug abuse, or other acts that contain anti-social content and cause discomfort to others;
• Acts of campaigning for public office, solicitation to a particular belief or religion or acts similar thereto;
• Acts of offering illegal profits to Anti-Social Forces (defined below) and other cooperative acts;
• Acts that infringe upon the reputation, trust, rights or property, etc. of JINS or a third party;
• Acts of impersonating another person, whether real or fictitious;
• Acts of unauthorized access;
• Acts of using the User Account of another person;
• Acts of allowing a third party to use one’s own User Account;
• Acts that interfere with the use of the App by another User;
• Acts of cheating, including obtaining or increasing, etc. the Items in an improper manner;
• Acts of collecting, accumulating, disclosing or transferring personal information of another User or other third party without obtaining that person’s consent, or acts of attempting such acts;
• Acts of transmitting or writing-in computer viruses or other unlawful information;
• Acts of eliminating, modifying, reverse engineering, reverse compiling or reverse assembling the App or the official site, etc., or acts that are similar thereto;
• Acts of jamming communications, intercepting communications, invading servers or that cause other excessive burdens on the server;
• Acts that lower the social reputation of JINS or the App; acts of developing, providing, etc., similar services to those of the App by using intellectual property rights relating to the App; and acts that interfere or may interfere with the operation of the App;
• Acts violating these Terms of Use or any provisions such as the guidelines concerning the use of the App; and Other acts that JINS recognizes as inappropriate.

Article 8. Measures Upon the Violation of these Terms of Use

If JINS reasonably determines that the User has violated these Terms of Use, JINS may delete the User Account of such User immediately.

Article 9. Representations and Warranties of the User

The User shall represent and warrant that there is a possibility that the App will be subject to the Export Controls of the United States Department of Commerce or similar export laws and regulations under the laws or regulations of Japan, the EU or relevant countries. In addition, the User shall represent and warrant that the User will not take out of the User’s country or provide to a third party outside of the country the App and the technical data and technical information relating thereto provided from JINS (including, but not limited to, any technical information, software, drawings, user manuals, data, documents, etc.), without obtaining a valid export license required by such laws or regulations.

Article 10. Exclusion of Liability

1. JINS shall provide the App as-is to the User and makes no warranty to the User, including the following, regarding the App and the services incidental to the App, that:
   • The App will accurately operate under the User’s usage environment or demonstrate all of the functions;
   • The App conforms with the particular purpose of the User, is useful and has commercial usefulness;
   • The assessment of the App and other displays are always accurate;
   • A loss of data or any other failure or problems concerning the App will not occur as a result of updating the OS of the Device, firmware of the Eyewear or any apps, etc.;
   • The App will always function correctly and meet sufficient qualities for all Users;
   • No failure, malfunction or harm will occur to the Device or other equipment due to the use of the App;
   • The App can be used perpetually and the performance and capability at the usage start time can be maintained;
   • No interruption or error will occur in the use of the App;
   • Harmful items such as computer viruses are not included in e-mails, etc. transmitted in relation to the App;
   • Information regarding the User will not be erased, and no alteration or damage thereof will occur; and
   • The App and the provision of the services incidental to the App will not infringe on any rights and interests of a third party, and will not be subject to claim for infringement.
2. JINS will not be liable for any direct damages, indirect damages, incidental or consequential damages, special damages, lost profits and other damages (whether or not foreseeable) caused by the User using the App or the App not being able to be used or not functioning, except if due to the intent or gross negligence of JINS or if these Terms of Use correspond to a consumer contract under Article 2(3) of the Consumer Contract Act.
3. Regardless of the cause of the claim, if JINS is liable to provide compensatory damages in relation to the provision of the App, the maximum of that amount will the highest of (i) the purchase price of the App, (ii) the usage fee amount received for the month in which such damages occur, or (iii) JPY 100; provided, however, that this does not apply if there is any intent or gross negligence on the part of JINS.

Article 11. Precautions Concerning the Use of Apps When Driving

1. Among the apps in the App, the app for driving does not warrant the prevention of accidents due to falling asleep while driving, etc.
2. In using the app for driving, please do not install the Device in places that are unstable, that obstruct the field of vision or that impede safe driving.
3. Operating apps or keeping one’s eyes on the screen while driving is dangerous. Please only operate the apps after stopping your vehicle and confirming your safety.
4. JINS is not liable for any traffic accident the User may suffer.

Article 12. Suspension of Operation

1. If a failure, etc. in the system operating the App is discovered, if maintenance inspection of such system is to be made, if the operation of the App becomes difficult due to an event of force majeure such as an earthquake, lightning, fire, flood, natural disaster, war or terrorism, and for which JINS is not negligent, or if JINS otherwise determines as necessary, JINS may suspend the entire or partial operation of the App without notifying the User in advance. JINS will not be liable for damages incurred by the User due to the suspension of operation of the App in accordance with this paragraph.
2. JINS may suspend or discontinue the entire or partial operation of the App based on JINS’s judgment upon notifying the User in advance (examples may include, but are not limited to, suspension or discontinuation due to suspension or discontinuation of the operating business of the App, transfer to a third party, or corporate split, share exchange, share transfer or dissolution). JINS will not be liable for damages incurred by the User due to the suspension or discontinuation of operation of the App in accordance with this paragraph.

Article 13. Discontinuation of Use

1. If a defect of the App or a possibility of infringement of the rights or interests of a third party is discovered, or if JINS otherwise determines as necessary, JINS may request User to discontinue the use of the App. In this instance, the User shall promptly comply with the discontinuation of the use of the App. Damages incurred by the User due to the discontinuation of the use of the App according to this paragraph will be in accordance with Article 10, Paragraphs 2 and 3.
2. The User may discontinue the use of the App at any time by uninsta lling, destroying or erasing the App.

Article 14. Exclusion of Anti-Social Forces

1. The User represents that the User is not an organized crime group, organized crime group member, organized crime group quasi-member, organized crime group-related business, corporate extortionist or the like, racketeer advocating a social/political movement or special intelligence organized crime group and others corresponding thereto (collectively, “Anti-Social Forces”) and that the User does not have any direct or indirect relations with Anti-Social Forces, and affirms that the User will not constitute the same in the future.
2. The User affirms that the User will not, nor will the User use a third party to, engage in acts that correspond to any of the following:
   • Violent acts of demand;
   • Unjust acts of demand that exceed legal responsibility;
   • Acts of engaging in threatening behavior or using violence in regard to a transaction;
   • Acts of spreading rumors, deceiving or using power to damage JINS’s confidence or to interfere with JINS’s business; and
   • Other acts corresponding to each item above.

Article 15. Personal Information

Personal information provided from the User in using the App shall be handled pursuant to the JINS MEME Privacy Policy. Since the User will need to consent to the JINS MEME Privacy Policy in order to use the App, the User must confirm the JINS MEME Privacy Policy without fail. If the User consents to these Terms of Use, the User shall be deemed to have also consented to the JINS MEME Privacy Policy.

Article 16. Amendment of the Terms

• There may be instances where JINS will amend these Terms of Use pursuant to this Article at JINS’s own discretion. In such instance, JINS will announce the amended terms of use (the “New Terms of Use”) and the effective date on the JINS MEME official website.
• After the amendment of these Terms of Use pursuant to the preceding paragraph, the User will need to consent to the New Terms of Use in order to use the App. The New Terms of Use will take effect on the effective date as set forth in the preceding paragraph. If the App is used after the amendment of these Terms of Use, the User shall be deemed to have consented to the New Terms of Use.

Article 17. Notice

The notice sent by JINS to the User may be made in a manner as considered appropriate by JINS from among sending the notice to the e-mail address registered by the User, sending the notice to another telecommunication means address registered by the User, and publishing the notice on JINS’s official website; even if such notice does not reach the User due to a change or error in stating the User’s contact details, such notice is considered to have reached the User on the day immediately after the date of delivery in the case of an e-mail or other telecommunication means, or on date of publication in the case of a publication on the website. JINS may give notice of important notifications such as update information concerning JINS MEME, including firmware of the main body of JINS MEME and the App, to the e-mail address registered by the User.

Article 18. Sub-Contracting

JINS may, without needing to obtain consent from the User, subcontract the App and part of the services provided incidental to the App to a third party. In this case, JINS shall cause the relevant contractor to comply with the same obligations as those imposed on JINS in accordance with this Agreement, and shall be responsible to the User for any breach of obligations by the relevant contractor.

Article 19. Survival

Even after the provision of the App to the User is terminated, the provisions of Article 3.4, 3.5, 5.2, 6, 9, 10, 11.4, 12, 13.1, 15, 18 through 22, and other provisions setting forth exemption of JINS shall remain valid.

Article 20. Severability

Even if a part of these Terms of Use is declared to be invalid due to the laws and regulations or a decision of a court, etc., the other parts shall continue to remain in effect.

Article 21. Governing Law

Disputes concerning these Terms of Use and the App shall be governed by Japanese law.

Article 22. Jurisdiction

The Tokyo District Court shall be the exclusive court with jurisdiction in the first instance for disputes concerning these Terms of Use and the App.

• Effective Date: November 3, 2015
• Revised on December 13, 2016
• Revised on February 10, 2017
• Revised on June 30, 2021
• Revised on November 18, 2021