Smartphone App Terms of Use

These Terms of Use (hereinafter referred to as "these Terms") stipulate the conditions for providing this service and the rights and obligations between our company and users. When using this service, you must read the entire text of these Terms and agree to these Terms.

(Application)
Article 1
The purpose of these Terms and Conditions is to define the terms and conditions for providing the Service and the rights and obligations between the Company and the User regarding the use of the Service, and they apply to all relationships between the User and the Company regarding the use of the Service.

(Definitions)
Article 2:
The following terms used in these Terms and Conditions shall have the following meanings:
(1) "Service Agreement" means the agreement for use of the Service concluded between the Company and the User as a condition of these Terms and Conditions.
(2) "Intellectual Property Rights" means copyrights, patents, utility model rights, design rights, trademarks, and other intellectual property rights (including the right to acquire such rights or apply for registration, etc. of such rights).
(3) "Company" means AIGIA Inc.
(4) "User" means a user who uses the Service on a smartphone device.
(5) "Company Website" means the website operated by the Company with the domain "aigia.co.jp" (including the website after any change to the domain or content of the Company's website for any reason).
(6) "Service" means the smartphone app named AIGIA Golf or AIGIA My Page provided by the Company (including the service after any change to the name or content of the service for any reason).

(Fees and Payment Methods)
Article 3
(1) Users can use the Service free of charge. However, some features can be used by paying a fee.
(2) Users can use the Service for one month from the time of payment (hereinafter referred to as the "Usage Period"). If users do not cancel by the end of the Usage Period, the usage fee will be automatically charged at the end of the Usage Period, and the same applies thereafter.
(3) Users must pay the usage fee in one lump sum via in-app purchases on Apple or Google Play.
(4) Regardless of whether the Service is used or not, we will not refund usage fees under any circumstances.
(5) Usage fees will not be calculated on a pro rata basis, even if cancellation procedures are made during the Usage Period.

(Prohibited acts)
Article 4
When using the Service, users must not engage in any of the following acts or acts that the Company determines to fall under any of the following items.
(1) Any act that violates laws and regulations or any act related to a criminal act.
(2) Any act of fraud or intimidation against the Company, other users of the Service, or other third parties.
(3) Any act that violates public order
. (4) Any act that infringes the intellectual property rights, portrait rights, privacy rights, reputation, or other rights or interests of the Company
, users of the Service, or other third parties. (5) Sending information that falls under any of the following, or that the Company deems to fall under any of the following, to the Company or other users of the Service through the Service: - Information containing excessively violent or cruel language - Information containing computer viruses or other harmful computer programs - Information containing language that damages the reputation or credibility of the Company, other users of the Service, or other third parties - Information containing excessively obscene language - Information containing language that encourages discrimination - Information containing language that encourages suicide or acts of self-injury - Information containing language that encourages the inappropriate use of drugs - Information containing anti-social language - Information that seeks the dissemination of information to third parties, such as chain mail - Information containing language that offends others.
(6) Any act that places an excessive load on the network or system of the Service.
(7)
Reverse engineering or other analytical activities of software or other systems provided by the Company. Activities that may interfere with the operation of the Service.
(10) Unauthorized access to the Company's network or systems.
(11) Activities of impersonating a third party.
(12) Activities of using the ID or password of another user of the Service.
(13) Activities of advertising, soliciting, or sales activities on the Service that are not approved in advance by the Company.
(14) Collection of information on other users of the Service.
(15) Activities that cause disadvantage, damage, or discomfort to the Company, other users of the Service, or other third parties.
(16) Activities that violate the rules regarding the use of the Service posted on the Company's website.
(17) Providing benefits to anti-social forces, etc.
(18) Activities with the purpose of meeting members of the opposite sex who the person has not met.
(19) Activities that directly or indirectly cause or facilitate the activities listed in the preceding items
(20) Attempting to perform any of the activities listed in the preceding items.
(21) Other activities that the Company deems inappropriate.

(Suspension of provision of the Service, etc.)
Article 5
The Company may suspend or interrupt the provision of all or part of the Service without prior notice to the User in any of the following cases:
(1) When inspecting, maintaining, or updating the computer system related to the Service; (2) When the operation of the Service becomes impossible due to
computer or communication line failure, incorrect operation, excessive concentration of access, unauthorized access, hacking, etc
(3) When the operation of the Service becomes difficult due to force majeure such as earthquake, lightning, fire, wind and flood damage, power outage, or natural disaster; or
(4) When the Company deems it necessary to suspend or interrupt the Service for any other reason
. 2 The Company shall not be liable for any disadvantage or damage suffered by the User or a third party due to the suspension or interruption of the provision of the Service.


Article 6
(Ownership of Rights) All intellectual property rights relating to our website and the Service belong to us or to those who have granted licenses to us, and the license to use the Service under these Terms does not imply a license to use the intellectual property rights of us or those who have granted licenses to us relating to our website or the Service.


Article 7
(Cancellation of Registration, etc.) If any of the following events occur, the Company may, without prior notice or warning, temporarily suspend the User's use of the Service or cancel the User's registration as a User:
(1) If the User violates any provision of these Terms and Conditions;
(2) If it is discovered that the registered information contains false information;
(3) If the User defaults on payment of fees, etc.; (4) If the User suspends or becomes insolvent, or if a petition for
bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation proceedings, or similar proceedings is filed against the User;
(5) If the User does not respond to inquiries or other communications requesting a response from the Company for more than 30 days;
(6) If the User falls under any of the items of Article 3, Paragraph 4; or
(7) If the Company otherwise determines that the User's use of the Service or the continuation of the User's registration as a User is inappropriate.
2 If any of the events set forth in the preceding paragraph occurs, the User shall automatically lose the benefit of time for all debts owed to the Company or the Seller, and shall immediately pay all debts to the Company or the Seller.
3 If any of the items in the preceding paragraph applies, the Company may delete all or part of the data relating to the User in relation to the Service.

(Withdrawal)
Article 8:
A user may withdraw from the Service and cancel his/her registration as a user by completing the procedures specified by the Company.
2. Upon withdrawal, if the user has any debts owed to the Company, all debts owed to the Company or the seller will automatically become due and the user must immediately pay all debts to the Company or the seller. 3.
The handling of user information after withdrawal shall be in accordance with the provisions of Article 12.
4. The Company may delete all or part of the data of the Service related to a user who has withdrawn from the Service.

(Changes to or Termination of the Service)
Article 9:
The Company may change the content of the Service, suspend its provision, or terminate the Service at its convenience without notifying the User.
2. The Company shall not be liable for any damages incurred by the User due to changes to the Service content, etc., as described in the preceding paragraph.

(Disclaimer of Warranties, Disclaimers, etc.)
Article 10:
We make no warranty, express or implied, that the Service will meet the User's specific purpose, have the expected functionality, commercial value, accuracy, or usefulness, that the User's use of the Service will comply with applicable laws and regulations or internal regulations of industry associations, or that the Service will be continuously available or free of defects.
2. We shall not be liable for any damages suffered by the User in connection with the Service.
3. The User shall be solely responsible for resolving any transactions, communications, disputes, etc. arising between the User and other Users or third parties in connection with the Service or our website.

(Confidentiality)
Article 11
Users shall treat confidentially any non-public information disclosed by the Company in connection with the Service at the request of the User to treat it as confidential, unless the Company has given prior written consent.

(Handling of User Information)
Article 12:
The handling of User Information by the Company shall be in accordance with the provisions of the Company's separate Privacy Policy, and Users agree that the Company will handle User Information in accordance with this Privacy Policy.

2. We may, at our discretion, use and disclose the information, data, etc. provided by users to us as statistical information in a form that does not identify individuals, and users shall not object to this.

(Changes to these Terms, etc.)
Article 13:
Our company may change these Terms if we deem it necessary. If we change these Terms, we will notify users of the effective date and content of the changed Terms by posting it on our website or by other appropriate means. However, if the changes require the consent of users under applicable laws and regulations, we will obtain the consent of users in a manner prescribed by our company.

(Contacts and Notifications)
Article 14:
Any contact or notification from the User to the Company, including inquiries regarding the Service, and any contact or notification from the Company to the User, including notifications regarding changes to these Terms of Use, shall be made in the manner specified by the Company.
2. If the Company contacts or notifies the User via the email address or other contact details included in the Registration Information, the User shall be deemed to have received such contact or notification.


Article 15
(Transfer of Status under the Service Agreement, etc.) Users may not assign, transfer, pledge, or otherwise dispose of their status under the Service Agreement or their rights or obligations under these Terms to a third party without our prior written consent.
2. If our company transfers the business related to the Service to another company, we may transfer their status under the Service Agreement, their rights and obligations under these Terms, and the user's registration details and other customer information to the transferee of the business transfer. Users are deemed to have consented to such transfer in advance under this paragraph. Note that the business transfer specified in this paragraph includes not only ordinary business transfers, but also company splits and any other cases in which the business is transferred.

(Exclusion of Anti-Social Forces)
Article 16
Users represent and warrant that they do not fall under any of the following items and will not fall under any of the following items in the future:
(1) They (including their officers in the case of a corporation or other organization) are an organized crime group, an organized crime member, a person who has been a member of an organized crime group within the past five years, an associate member of an organized crime group, a company related to an organized crime group, a corporate racketeer, a fraudster pretending to be a social activist, a special intelligence violent group, or other person equivalent to any of the above (collectively referred to as "Organized Crime Members, etc.").
(2) If the User is a corporation or other organization, they have a relationship that is deemed to give rise to an Organized Crime Member, etc. controlling the management.
(3) If the User is a corporation or other organization, they have a relationship that is deemed to give rise to an Organized Crime Member, etc. being substantially involved in the management.
(4) They have a relationship that is deemed to be using an Organized Crime Member, etc., such as conducting transactions with the purpose of obtaining wrongful gain for themselves or a third party or with the purpose of causing damage to a third party.
(5) Having a relationship that is deemed to be involved in providing funds, etc., or convenience to a member
of an organized crime group, etc. (6) In the case where the user is a corporation or other organization, having an officer or a person substantially involved in the management of the corporation or other organization have a socially reprehensible relationship with a member of an organized crime group, etc.

2. Users guarantee that they will not engage in any of the following acts, either by themselves or through a third party:
(1) violent demands;
(2) unreasonable demands that exceed legal responsibility;
(3) threatening behavior or the use of violence in relation to transactions;
(4) acts that damage the Company's credibility or interfere with the Company's business by spreading rumors, using fraudulent means, or using force;
(5) other acts similar to those in the preceding items.

(Severability)
Article 17
Even if any provision or part of any provision of these Terms and Conditions is determined to be invalid or unenforceable pursuant to the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and Conditions and the remaining part of the provision that is determined to be invalid or unenforceable shall continue to be in full force and effect.

(Governing Law and Jurisdiction)
Article 18:
These Terms and the Service Agreement shall be governed by the laws of Japan.
2. Any disputes arising out of or relating to these Terms or the Service Agreement shall be submitted to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

[Revised on March 17, 2020]

[Established on November 1, 2021]