TERMS OF USE TERMS OF USE

ePose User Terms of Service

When customers use the service “ePose” (hereinafter referred to as “the Service”) provided by ORGO Inc. (hereinafter referred to as “the Company”), the following terms and conditions shall apply.

Article 1 : Scope of Application

These ePose User Terms of Service (hereinafter referred to as “these Terms”) define the conditions for use of the Service, which is provided by ORGO Inc. either directly or through a designated service provider. These Terms apply to all individuals who use the Service (hereinafter referred to as “Users”) and govern the relationship between the Company and the Users.

Article 2 : The Service

The Service is intended to analyze and manage Users’ physical information. Specific features of the Service shall be determined at the Company’s discretion, and the Company may freely add, modify, or terminate its contents.
Some content within the Service may be offered for a fee. Users who use paid content must pay the corresponding fee to the Company or the relevant service provider (hereinafter referred to as “Service Provider”). The fee amount and payment method shall be determined separately by the Company for each piece of content.

Article 3 : No Warranty

The Service may offer recommended services (hereinafter referred to as “Recommended Services”) to Users. However:

  1. If the User does not input accurate information, effective recommendations cannot be provided.
  2. The Service does not guarantee the treatment or prevention of any specific disease through the use of the Recommended Services.
  3. Whether or not to carry out the Recommended Services is left to the User’s discretion. The Company shall not be liable for any damages arising from the execution of the Recommended Services.

Article 4 : Registration and Formation of Usage Agreement

Anyone wishing to use the Service must register using the method specified by the Company.
By completing the registration, the individual is deemed to have applied for use and accepted these Terms, thereby entering into a usage agreement with the Company unless the Company deems otherwise.
If the Company deems an applicant has violated any agreements in the past or is associated with violators, or if the Company deems it inappropriate to conclude a usage agreement, it may reject the application.
The Company shall not be liable for any damages incurred by such rejection.

Article 5 : Prohibited Acts

Users shall not engage in any of the following acts:

  1. Providing part or all of the Service to third parties without permission
  2. Transmitting or uploading harmful computer programs
  3. Acts that may interfere with Service operation
  4. Putting excessive load on the Service’s network or system
  5. Damaging the reputation of the Service
  6. Acts that violate laws or are related to crimes
  7. Fraud or threats against the Company, Users, or third parties
  8. Acts contrary to public order and morals
  9. Infringement of intellectual property, portrait rights, privacy, honor, or other rights
  10. Unauthorized access or attempts to access the Company’s network/system
  11. Impersonating another person
  12. Using another User’s account
  13. Advertising or business activity on the Service without permission
  14. Acts causing disadvantage, damage, or discomfort to others
  15. Providing benefits to antisocial forces
  16. Collecting information of other Users
  17. Aiming to meet strangers of the opposite sex
  18. Facilitating or inducing any of the above acts
  19. Other acts deemed inappropriate by the Company

Article 6 : Intellectual Property

All intellectual property rights related to the Service belong to the Company or third parties holding such rights. The license granted under these Terms does not imply transfer or permission to use such rights beyond what is necessary for using the Service.

Article 7 : Confidentiality

Users must treat as confidential any non-public information disclosed by the Company and use it solely for the purpose of using the Service, unless otherwise approved in writing.

Article 8 : Handling of Personal Information

  1. The Company stores personal and physical information of Users. However, it is not obligated to store such information unless required by law.
  2. The Company will not use or allow use of such information for purposes other than providing and operating the Service, except in the following cases:
    1. Aggregated/anonymized data for statistics or machine learning
    2. To protect significant interests like life or property
    3. When required by law
    4. Upon orders or requests from public institutions (e.g., courts, police)
    5. For investigations by payment processors
    6. When Users utilize services of third parties affiliated with the Service
    7. When Service Providers need information to operate their content
    8. With the User’s consent
  3. Personal and physical information will be handled appropriately per the Privacy Policy, which Users agree to.

Article 9 : SMS and Email Notifications

The Company may send SMS, emails, or similar messages to Users’ contacts for advertising its products and services, and Users agree to this in advance.

Article 10 : Suspension of User Account

The Company may suspend or deny access without notice if a User:

  1. Violates these or past agreements
  2. Submits false information
  3. Registers or updates information without their consent
  4. Suspends payments, files for bankruptcy or similar procedures
  5. Has not used the Service for over six months
  6. Fails to respond to inquiries for over 30 days
  7. Is found to be or associated with antisocial forces
  8. Is otherwise deemed inappropriate

The Company is not liable for any damages resulting from these actions.

Article 11 : Suspension of Service

  1. The Service may be suspended without notice in the following cases:
    1. Scheduled or unscheduled maintenance
    2. System failures due to accidents
    3. Natural disasters, war, riots, etc.
    4. Other operational or technical reasons
  2. The Company is not liable for any damages resulting from such suspensions.

Article 12 : Disclaimers

All use of the Service is at the User’s own risk. The Company is not liable for any issues resulting from its use.
The Company does not guarantee:

  1. The absence of bugs or failures
  2. Fitness for a particular purpose
  3. That the Service is lawful or fault-free
  4. The Company is not liable for damages (including data loss, equipment failure) arising from changes, interruptions, deletions, or suspensions of the Service.
  5. Even if liable, compensation is limited to the amount paid to the Company by the User in the last 12 months, and does not cover indirect or consequential damages.
  6. The Company is not responsible for any disputes between Users and third parties.

Article 13 : Compensation for Damages

Users shall compensate the Company at their own expense and responsibility for any damages caused by violation of these Terms.

Article 14 : Amendment of Terms

The Company may amend these Terms with reasonable cause. The amended Terms will be disclosed by appropriate means.
By using the Service after such disclosure, Users are deemed to have agreed to the amendments.
The Company shall not be liable for any resulting damages.

Article 15 : Notices and Communication

All communications between Users and the Company, including inquiries and notifications regarding changes to these Terms, shall be made in a manner determined by the Company.

Article 16 : Prohibition of Assignment

Users may not transfer or assign their contractual status, rights, or obligations under these Terms to a third party without prior written consent from the Company.

Article 17 : Severability

If any provision of these Terms is found invalid, the remaining provisions shall remain in full force. The invalid part shall be interpreted narrowly to retain as much effect as possible.

Article 18 : Jurisdiction

The Sapporo District Court shall have exclusive jurisdiction for the first instance over all disputes arising in connection with the Service.

Article 19 : Language and Governing Law

These Terms shall be governed by and interpreted in accordance with Japanese law. The Japanese version is the official and binding version; translations in English, Traditional Chinese, or other languages are for reference only and have no legal effect.

Enacted on July 16, 2024.