Terms of Use

These Terms of Service (hereinafter referred to as “these Terms”) establish the conditions for using the “MyoAct” service (hereinafter referred to as “the Service”) provided by ORGO Inc. (hereinafter referred to as “the Company”), either directly or through designated service providers. These Terms apply to all users of the Service, which includes individual end-users (hereinafter referred to as “Users”).

1. The Service is designed to analyze and manage Users’ physical information. The specific details of the Service shall be determined separately at the Company’s discretion. The Company may freely add, modify, or discontinue any part of the Service.
2. Some content within the Service may be provided as paid services. Users who wish to use paid content must pay the applicable fees to the Company or the designated service provider (hereinafter referred to as the “Service Provider”). The Company shall separately determine the pricing and payment methods for each piece of content.

The Service may propose recommended services to Users, but these recommendations shall be handled as follows:

1. The accuracy of analysis results is not guaranteed. Depending on the content of images, videos, and input data used for analysis, the results may not align with the User’s expectations.
2. The Service does not guarantee any medical benefits, including but not limited to the treatment, mitigation, or prevention of specific illnesses.
3. Users shall determine whether to follow recommended services at their own discretion. Even if damages arise due to the use or non-use of such recommendations, the Company shall not be held liable.

1. Individuals who wish to use the Service must complete the registration process using the method designated by the Company.
2. Upon completing the registration process, the individual is deemed to have applied for use of the service and agreed to these Terms. Unless otherwise stipulated in this section, a service agreement between the Company and the individual shall be considered established. However, if the Company determines that the individual has previously violated these Terms or any other past contract with the Company, is related to someone who has violated such contracts, or is likely to violate these Terms, the Company may refuse the application and deny the formation of the service agreement.
3. The Company shall not be liable for any damages incurred by individuals as a result of the Company’s decision to reject an application or deny a service agreement.

Users shall not engage in the following actions:

1. Copying, reproducing, transmitting, distributing, or providing any part of the Service to third parties without the Company’s permission.
2. Transmitting or uploading harmful computer programs.
3. Engaging in actions that may interfere with the operation of the Service.
4. Overloading the Service’s network or systems.
5. Actions that undermine trust in the Service.
6. Violating any laws or engaging in criminal activities.
7. Defrauding or threatening the Company, other Users, or third parties.
8. Engaging in activities contrary to public order and morals.
9. Infringing on the intellectual property rights, portrait and image rights, privacy rights, reputation, or other rights of the Company, other Users, or third parties.
10. Illegally accessing or attempting to access the Company’s networks or systems.
11. Impersonating a third party.
12. Using another User’s account.
13. Advertising, soliciting, or conducting business activities within the Service without prior approval from the Company.
14. Actions that cause disadvantage, damage, or discomfort to the Company, other Users, or third parties.
15. Providing financial or material support to anti-social forces.
16. Collecting information on other Users.
17. Using the Service for the purpose of meeting unknown members of the opposite sex.
18. Directly or indirectly encouraging or facilitating any of the above actions.
19. Any other actions deemed inappropriate by the Company.

All copyrights, patents, utility rights, trademarks, and other intellectual property rights related to the Service belong to the Company or the respective rights holders. The User’s license to use the Service under these Terms does not imply the transfer or granting of any intellectual property rights.

Users shall use any non-public information disclosed by the Company in relation to the Service only for the purpose of using the Service. Except where prior written consent has been obtained from the Company, Users shall keep such information confidential and shall not disclose or leak it to third parties.

1. The Company shall store users' personal information and bodily information within this service. However, the Company shall not be obligated to store personal information unless required by law.
2. The Company shall not use personal information and bodily information for purposes other than the provision and operation of this service, nor shall it allow third parties to use them. However, this excludes the following cases:
   1. When personal information and bodily information are aggregated and analyzed, and used as statistical data, machine learning materials, etc., in a form that cannot identify or specify an individual.
   2. When necessary to protect the life, body, property, or other significant interests of users and the public.
   3. When required by provisions of laws and regulations.
   4. When disclosure or provision is ordered or requested by a court, prosecutor's office, police, or other public agencies, or organizations equivalent thereto.
   5. When an inquiry is made by a payment company or similar for the purpose of investigating fraudulent use.
   6. When a user utilizes services provided by an individual, corporate entity, or other organization (hereinafter referred to as "Service Utilizing Business") that utilizes this service, for the purpose of operating services provided by such Service Utilizing Business, sales agents directly contracted with the Company, and organizations affiliated with Service Utilizing Businesses (hereinafter collectively referred to as "Service Utilizing Businesses, etc."), for understanding the usage status of this service, and for aggregating/analyzing results obtained from this service, such information is provided to said Service Utilizing Businesses, etc.
   7. When a user uses content provided by a service provider, the information is provided to the service provider to the extent necessary for the service provider to operate said content.
   8. Other cases where the user's consent has been obtained.
3. The Company shall appropriately handle personal information and bodily information based on a separately stipulated Privacy Policy, and the user shall agree to this.

The Company may send SMS messages, emails, or other communications to Users regarding promotions and advertisements for the Company’s products and services. Users acknowledge and agree to receive such communications.

1. If a user falls under any of the following items, the Company may suspend or deny the use of this service for said user without prior notice. Furthermore, if a violation is deemed significant, or if the user fails to rectify the violating behavior despite the Company's warning, the Company may freeze or delete the user's account.
   1. If any provision of these Terms is violated, or if the Company determines that the user has violated a past contract with the Company, including these Terms, or is an affiliate thereof.
   2. If there are false facts in the user information.
   3. If it becomes clear that a third party has registered for the use of this service or entered/modified user information without the user's consent.
   4. If payment is suspended or becomes impossible, or if a petition has been filed for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation proceedings, or similar procedures.
   5. If the service has not been used for 6 months or more.
   6. If there is no response for 30 days or more to inquiries from the Company or other communications requesting replies.
   7. If the user is an anti-social force (meaning violent gangs, gang members, right-wing organizations, anti-social forces, and others equivalent thereto; hereinafter the same applies), or if the Company determines that the user is involved in any interaction with anti-social forces, such as providing funds or otherwise cooperating in the maintenance, operation, or management of anti-social forces.
   8. Other cases where the Company determines that the continued use of this service or the service agreement is inappropriate.
2. The Company shall not be liable for any damages incurred by users based on the measures taken by the Company as set forth in the preceding paragraph.

1. This service may be partially or entirely suspended without prior notice in any of the following cases:
   1. When regular or irregular maintenance of this service is performed.
   2. When computers, communication lines, etc., stop due to an accident.
   3. When this service cannot be provided due to an earthquake, lightning strike, fire, wind and flood damage, natural disaster, power outage, war, riot, civil disturbance, labor dispute, or other force majeure.
   4. In other cases where the Company determines that it is necessary to stop or suspend the provision of this service due to operational or technical reasons.
2. The Company shall not be liable for any damages incurred by users based on the measures taken by the Company as set forth in the preceding paragraph.

1. All information provided by this service is to be used at the user's own risk, and the Company shall not be liable for any troubles, lawsuits, etc., arising from the use of such information.
2. The Company does not guarantee that this service is free from bugs, defects, etc.
3. The Company makes no guarantee that this service is suitable for a particular purpose, has expected functions, commercial value, accuracy, or usefulness, that the user's use of this service complies with applicable laws and regulations, or that no defects will occur.
4. The Company shall not be liable for any damages incurred by users (hereinafter referred to as "User Damages") arising from or related to this service, including but not limited to, the service itself, changes to the service content, interruption, suspension or denial of provision, freezing or deletion of accounts, deletion or loss of messages or information sent by the user to this service, erasure of user's information, loss of user's data due to the use of this service, or equipment failures or damage.
5. Even if the Company is held responsible for any reason, the Company's liability for User Damages shall not exceed the amount of consideration paid by the user to the Company in the most recent 12 months. Furthermore, the Company shall not be liable for incidental damages, indirect damages, special damages, future damages, and lost profits.
6. The Company shall not be responsible for any transactions, communications, disputes, etc., arising between users and third parties (including service providers) in relation to this service or the Company's website.

If a User causes damage to the Company due to a violation of these Terms, they shall bear the full responsibility and cost of compensation.

1. The Company may change these Terms if there are reasonable grounds. When the Company changes these Terms, it shall determine the effective date, and shall notify or disclose the change to these Terms, the content of the revised Terms, and the effective date via the internet. Members shall be deemed to have consented to the changes to these Terms at the time they use this service after the Company has disclosed the changes to these Terms.
2. The Company shall not be liable for any damages incurred by members due to changes in the preceding paragraph.

Inquiries regarding this service, other communications or notifications from users to the Company, and notifications regarding changes to these Terms or other communications or notifications from the Company to users, shall be made by methods prescribed by the Company.

Users may not assign, transfer, encumber, or otherwise dispose of their status under the service agreement or their rights or obligations under these Terms to any third party without the Company's prior written consent.

Even if any provision of these Terms is found to be invalid for any reason, the relevant provision shall be interpreted in a limited manner so as to maintain its validity to the extent that such invalidity does not apply, and the validity of the other provisions shall not be affected.

Any disputes arising from or in connection with this service between the Company and a user shall be subject to the exclusive jurisdiction of the Sapporo District Court as the court of first instance by agreement.

These terms shall be governed by and interpreted in accordance with the laws of Japan.