Terms of Use

These Terms of Use (hereinafter referred to as the "Terms") set forth the conditions for providing "EcorisMap" offered by ECORIS Inc. (hereinafter referred to as the "Company") and the rights and obligations between the Company and users. Before using the Service, please read these Terms in full. Use of the Service requires your agreement to these Terms.

Article 1 (Application)

These Terms are intended to define the conditions for providing the Service and the rights and obligations between the Company and users regarding the use of the Service, and apply to all relationships between users and the Company concerning the use of the Service.

Article 2 (Definitions)

The following terms used in these Terms shall have the meanings set forth below.

1. "Service" means the application named "EcorisMap" and related services provided by the Company (including the service after any change in its name or content for any reason).
2. "Company Website" means the website operated by the Company whose domain is "https://ecorismap.web.app" (including the website after any change in its domain or content for any reason).
3. "User" means any individual or corporation that uses the Service, regardless of whether they have registered an account.
4. "Registered User" means an individual or corporation that has registered an account for the Service pursuant to Article 3 (Account Registration).
5. "Service Use Agreement" means the agreement for the use of the Service concluded between the Company and a user with these Terms as its conditions.
6. "Posted Data" means content (including but not limited to location information, text, images, and other data) transmitted by Registered Users through the project sharing features of the Service.
7. "Intellectual Property Rights" means copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the rights to acquire such rights or to apply for registration of such rights).
8. "Google Maps" means the map service provided by Google LLC.
9. "Google Drive" means the online storage service provided by Google LLC.

Article 3 (Account Registration)

1. The basic features of the Service can be used without account registration. Account registration is required to use certain features such as project sharing.
2. An account can be registered either by linking a Google account or through an organization account issued by the Company.
3. Organization accounts are issued by the Company based on an agreement with the organization to which the user belongs. The Company may suspend the use of, or delete the registration of, an organization account at the request of that organization. The handling of data recorded and transmitted using an organization account shall be subject to the rules of that organization in addition to these Terms.
4. A person who wishes to register for the Service (hereinafter referred to as a "Registration Applicant") may apply for registration by agreeing to comply with these Terms and providing the Company with certain information specified by the Company (hereinafter referred to as "Registration Information") in the manner specified by the Company.
5. The Company may refuse registration or re-registration if the Registration Applicant falls under any of the following items, and shall not be obligated to disclose the reasons therefor.
   1. If all or part of the Registration Information provided to the Company is false, erroneous, or incomplete
   2. If the applicant is a minor, adult ward, person under curatorship, or person under assistance, and has not obtained the consent of a legal representative, guardian, curator, or assistant
   3. If the Company determines that the applicant is an antisocial force (meaning organized crime groups, their members, right-wing groups, antisocial forces, or other similar persons; the same applies hereinafter), or has any interaction or involvement with antisocial forces, such as cooperating with or being involved in the maintenance, operation, or management of antisocial forces through funding or other means
   4. If the Company determines that the applicant has violated a contract with the Company in the past or is related to such a person
   5. If the applicant has been subject to measures set forth in Article 10
   6. If the Company otherwise determines that the registration is not appropriate

Article 4 (Changes to Registration Information)

Registered Users shall notify the Company without delay of any changes to their Registration Information in the manner specified by the Company.

Article 5 (Management of Accounts and Encryption Keys)

1. Registered Users shall properly manage and store their account information for the Service (including passwords and user IDs) at their own responsibility, and shall not allow third parties to use it, or lend, transfer, change the name of, or sell it.
2. The encryption password (encryption key) used for the project sharing features shall be managed by the Registered User. Because the Company cannot decrypt encrypted Posted Data, if the encryption password is lost, it may become impossible to recover the Posted Data.
3. In the project sharing features, a project administrator may add other Registered Users to the project and share with them the key required to decrypt Posted Data. Registered Users shall use these features with the understanding that the administrators and members of the same project can decrypt and view their Posted Data.
4. Registered Users shall be responsible for damages arising from inadequate management, misuse, or use by third parties of their account information or encryption password.

Article 6 (Fees)

The Service is provided free of charge. If the Company decides to charge fees for all or part of the Service, the Company shall announce it in advance by posting on the Company Website or by other appropriate means.

Article 7 (Prohibited Acts)

In using the Service, users shall not engage in any act that falls under, or is determined by the Company to fall under, any of the following items.

1. Acts that violate laws and regulations or are related to criminal activity
2. Fraudulent or threatening acts against the Company, other users of the Service, or other third parties
3. Acts contrary to public order and morals
4. Acts that infringe on the intellectual property rights, portrait rights, privacy rights, honor, or other rights or interests of the Company, other users of the Service, or other third parties
5. Transmitting information through the Service to the Company or other users of the Service that falls under, or is determined by the Company to fall under, any of the following:
   • Information containing excessively violent or cruel expressions
   • Information containing computer viruses or other harmful computer programs
   • Information containing expressions that defame the honor or credibility of the Company, other users of the Service, or other third parties
   • Information containing excessively obscene expressions
   • Information containing expressions that promote discrimination
   • Information containing expressions that promote suicide or self-harm
   • Information containing expressions that promote inappropriate use of drugs
   • Information containing antisocial expressions
   • Information requesting dissemination to third parties, such as chain mail
   • Information containing expressions that cause discomfort to others
6. Acts that place an excessive load on the network or systems of the Service
7. Reverse engineering or other analysis of software or other systems provided by the Company (excluding acts permitted under open-source licenses)
8. Acts that may interfere with the operation of the Service
9. Unauthorized access to the Company's network or systems
10. Acts of impersonating a third party
11. Acts of using the ID or password of another user of the Service
12. Advertising, publicity, solicitation, or sales activities on the Service not authorized in advance by the Company
13. Collecting information about other users of the Service
14. Acts that cause disadvantage, damage, or discomfort to the Company, other users of the Service, or other third parties
15. Providing benefits to antisocial forces
16. Tracing or digitizing Google Maps content
17. Overlaying Google Maps content with maps provided by parties other than Google LLC (excluding the display of survey data recorded or imported by the user themselves on the map through the features of the Service)
18. Acts that directly or indirectly cause or facilitate any of the preceding items
19. Attempting any of the preceding items
20. Any other acts that the Company determines to be inappropriate

Article 8 (Suspension of the Service)

The Company may suspend or interrupt all or part of the Service without prior notice to users in any of the following cases.

1. When urgently performing inspection or maintenance of the computer systems related to the Service
2. When the Service cannot be operated due to computer or communication line failures, operational errors, excessive concentration of access, unauthorized access, hacking, or the like
3. When the Service cannot be operated due to force majeure such as earthquakes, lightning, fire, wind and flood damage, power outages, or natural disasters
4. When the Service cannot be operated due to failures, specification changes, or termination of services provided by Google LLC or other third parties
5. When the Company otherwise determines that suspension or interruption is necessary

Article 9 (Ownership of Rights and Handling of Data)

1. All Intellectual Property Rights related to the Company Website and the Service belong to the Company or to those who have granted licenses to the Company. The license to use the Service under these Terms does not mean a license to use the Intellectual Property Rights of the Company or those who have granted licenses to the Company in relation to the Company Website or the Service. The source code of the Service is published under an open-source license and may be used within the scope of that license.
2. Data recorded by users in the Service is, in principle, stored on the user's own device. To prepare for data loss due to device failure, loss, uninstallation of the app, clearing of data, or the like, please back up your data at your own responsibility, such as by exporting it. The Company is not obligated to back up data stored on users' devices.
3. Registered Users represent and warrant to the Company that they have the lawful right to post or otherwise transmit their Posted Data and that the Posted Data does not infringe the rights of third parties.
4. The project sharing features of the Service include functions that allow multiple Registered Users to post, modify, delete, and otherwise edit data. In this case, Registered Users grant permission for other Registered Users in the same project to edit their Posted Data.
5. Registered Users agree not to exercise moral rights against the Company, those who have succeeded to or been granted rights by the Company, or other Registered Users who use Posted Data pursuant to the preceding paragraph.
6. With respect to map images such as map tiles, PDFs, and other data that users import into the Service for use, users shall confirm the terms of use of the provider and the rights of third parties, and use them at their own responsibility.
7. Intellectual Property Rights related to Google Maps used in the Service belong to Google LLC or its licensors. In using Google Maps, users agree to and shall comply with the Google Maps/Google Earth Additional Terms of Service (https://maps.google.com/help/terms_maps.html) and the Google Privacy Policy (https://www.google.com/policies/privacy/).

Article 10 (Cancellation of Registration)

1. If a Registered User falls under any of the following items, the Company may, without prior notice or demand, delete or hide Posted Data, temporarily suspend the Registered User's use of the Service, or cancel the Registered User's registration.
   1. If the Registered User violates any provision of these Terms
   2. If it is found that there are false facts in the Registration Information
   3. If the Service has not been used for six months or more
   4. If there is no response for 30 days or more to inquiries or other communications from the Company requesting a response
   5. If the Registered User falls under any of the items of Article 3, Paragraph 5
   6. If the Company otherwise determines that the continued use of the Service or the continued registration as a Registered User is not appropriate

Article 11 (Withdrawal and Account Deletion)

1. Registered Users may withdraw from the Service and cancel their registration as a Registered User by completing the account deletion procedure in the app or other procedures specified by the Company.
2. When an account is deleted, the data related to that account stored on the Company's servers will be deleted and cannot be restored. Please preserve any necessary data at your own responsibility, such as by exporting it, before deleting your account.
3. If a Registered User is the owner of a project, deleting the account will also delete that project and the Posted Data of other Registered Users contained in it. If you wish the project to continue, please transfer it to another Registered User or preserve the data before deleting your account.
4. The handling of user information after withdrawal shall be governed by the provisions of Article 15.

Article 12 (Changes to and Termination of the Service)

1. The Company may change the content of the Service or terminate its provision at the Company's convenience.
2. If the Company terminates the provision of the Service, the Company shall notify Registered Users in advance.

Article 13 (Disclaimer of Warranties and Limitation of Liability)

1. The Company does not warrant, either expressly or implicitly, that the Service is suitable for a user's specific purpose, that it has the expected functions, commercial value, accuracy, or usefulness, that a user's use of the Service complies with laws and regulations or internal rules of industry organizations applicable to the user, that the Service will be continuously available, or that no defects will occur.
2. Location information, elevation, distance, and other information displayed or recorded in the Service depend on the accuracy of the device's GPS and other sensors, and the Company does not guarantee their accuracy.
3. The recording of location information by the Service may be interrupted or incomplete due to restrictions imposed by the device's operating system, power-saving settings, permission settings, communication conditions, and the like, and the Company does not guarantee its continuity or completeness. Continuous acquisition of location information also consumes more device battery than usual.
4. When using the Service outdoors, users shall check weather, terrain, communication conditions, remaining battery, and other factors themselves, and shall ensure their own safety at their own responsibility. The Company shall not be liable for accidents, distress, injury, or other damages resulting from actions taken in reliance on maps, location information, or other information displayed in the Service.
5. The Company shall not be liable for compensation for damages incurred by users in relation to the Service exceeding the amount of consideration paid by the user to the Company in the past 12 months, and shall not be liable for incidental damages, indirect damages, special damages, future damages, or damages related to lost profits.
6. Transactions, communications, disputes, and the like arising between users and other users or third parties in connection with the Service or the Company Website shall be resolved at the user's own responsibility.
7. The Service includes a function to save data to the user's own Google Drive in the user's Google account. Data saved by this function is stored under the control of the user's own Google account, not on the Company's servers, and users shall manage their Google account credentials and sharing settings on Google Drive at their own responsibility. The Company shall not be liable for any damages incurred by users or third parties due to unauthorized access to Google accounts, leakage of credentials, incorrect sharing settings, or other information leaks originating in areas under the user's control, or due to Google Drive service failures, specification changes, or termination of provision.

Article 14 (Confidentiality)

Users shall treat as confidential any non-public information disclosed by the Company in connection with the Service that the Company requests to be treated confidentially, except with the prior written consent of the Company.

Article 15 (Handling of User Information)

1. The handling of user information by the Company shall be governed by the Company's Privacy Policy (https://ecorismap.web.app/policy_en.html), and users agree that the Company handles their user information in accordance with this Privacy Policy.
2. The Company may, at its discretion, use and publish information, data, and the like provided by users to the Company as statistical information in a form that cannot identify individuals, and users shall not object to this.
3. Users understand and agree to the collection and use of their information by Google LLC in connection with the use of the Service. For the collection and use of information by Google LLC, please see the Google Privacy Policy (https://www.google.com/policies/privacy/).
4. When using the voice input feature of the Service, the entered audio is processed by the speech recognition function provided by the device's operating system and may, depending on its specifications, be transmitted to the servers of the provider of that operating system.

Article 16 (Changes to These Terms)

The Company may change these Terms when the Company deems it necessary. When changing these Terms, the Company shall announce the effective date and content of the revised Terms by posting on the Company Website or by other appropriate means, or notify Registered Users. However, in the case of changes that require the consent of Registered Users under laws and regulations, the Company shall obtain the consent of Registered Users in the manner specified by the Company.

Article 17 (Communications and Notices)

1. Inquiries about the Service and other communications or notices from Registered Users to the Company, as well as notices of changes to these Terms and other communications or notices from the Company to Registered Users, shall be made in the manner specified by the Company.
2. When the Company sends a communication or notice to the email address or other contact information included in the Registration Information, the Registered User shall be deemed to have received the communication or notice.

Article 18 (Assignment of Status under the Service Use Agreement)

1. Registered Users may not assign, transfer, create security interests in, or otherwise dispose of their status under the Service Use Agreement or their rights or obligations under these Terms to third parties without the prior written consent of the Company.
2. If the Company transfers the business related to the Service to another company, the Company may transfer its status under the Service Use Agreement, its rights and obligations under these Terms, and Registration Information and other customer information of Registered Users to the transferee of the business transfer, and Registered Users hereby consent in advance to such transfer in this paragraph. The business transfer set forth in this paragraph includes not only ordinary business transfers but also company splits and all other cases in which the business is transferred.

Article 19 (Use Through App Stores)

1. Even if a user obtains the application of the Service through an app store operated by Apple Inc. or Google LLC, these Terms constitute an agreement between the user and the Company, and neither Apple Inc. nor Google LLC is a party to these Terms.
2. The Company is solely responsible for the provision, maintenance, support, and warranty of the Service, and for addressing any claim that the Service infringes the rights of a third party. Neither Apple Inc. nor Google LLC bears any responsibility for these matters.
3. Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms, and upon the user's acceptance of these Terms, Apple Inc. has the right to enforce these Terms directly against the user.
4. Users represent and warrant that they are not located in a country subject to a U.S. Government embargo and are not listed on any U.S. Government list of prohibited or restricted parties.

Article 20 (Severability)

Even if any provision of these Terms or part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and the remaining parts of the provision determined to be partially invalid or unenforceable shall continue in full force and effect.

Article 21 (Governing Law and Jurisdiction)

1. These Terms and the Service Use Agreement shall be governed by the laws of Japan.
2. The Sendai District Court shall have exclusive jurisdiction as the court of first instance over any and all disputes arising out of or relating to these Terms or the Service Use Agreement.