Chapter 1 General Provisions
  (Purpose of these Terms)
  Article 1 Brain Sleep Co., Ltd. (hereinafter referred to as "the Company") establishes these OVERLAY Mattress Diagnosis Terms of Service (hereinafter referred to as "these Terms") and provides "OVERLAY Mattress Diagnosis" (hereinafter referred to as "this Service") based on these Terms.
  
  (Definitions of Terms)
  Article 2 In these Terms, the following terms shall have the meanings set forth below:
  Term Meaning
  (1) Telecommunication facilities refer to machines, equipment, lines, and other electrical facilities used for telecommunications.
  (2) User terminal equipment refers to the terminal equipment used by the user.
  (3) This Service refers to a service that provides applications, etc., for determining sleep quality using server equipment and other telecommunication facilities installed by the Company.
  (4) User refers to a person who uses this Service to determine sleep quality.
  
  Chapter 2 Provision of this Service
  (Contents of this Service)
  Article 3 While the Company reviews the content of this Service from time to time, it does not guarantee that this Service is free from de facto or legal defects (including defects related to safety, reliability, accuracy, completeness, validity, suitability for a particular purpose, security, errors, bugs, and infringement of rights).
  
  Chapter 3 Use
  (Prohibition of Assignment of Rights)
  Article 4 The right to receive this Service belongs solely to the user, and the user shall not assign, transfer, sell, or pledge the right to receive this Service to a third party, or provide it as collateral.
  
  Chapter 4 Prohibited Acts
  (Prohibition of Business Activities)
  Article 5 Users shall not re-provide all or part of this Service, whether for a fee or free of charge.
  (Copyrights, etc.)
  Article 6 All intellectual property rights, including copyrights, patent rights, trademark rights, and know-how, related to all items (including these Terms, various software, instruction manuals, websites, email newsletters, etc.) provided by the Company to users in this Service shall belong to the Company or to those who have licensed the use of such items to the Company.
  2 Users shall handle the items mentioned in the preceding paragraph as follows:
  (1) Not to use them for purposes other than the use of this Service.
  (2) Not to duplicate, modify, or edit them, and not to reverse engineer, decompile, or disassemble them.
  (3) Not to lend, assign, or set as collateral to a third party, regardless of whether it is for commercial purposes.
  (4) Not to delete or change copyright notices, etc., displayed by the Company or by the Company's contract business operators essential for the provision of this Service.
  
  Chapter 5 Suspension of Use, etc.
  (Suspension of Use)
  Article 7 The Company may, at its discretion, suspend the use of part or all of this Service at any time.
  2 When the Company suspends the use of this Service pursuant to the provisions of the preceding paragraph, it shall notify users in advance by means of the Internet or other methods deemed appropriate by the Company. However, this shall not apply in cases of urgent and unavoidable circumstances.
  (Interruption of Use)
  Article 8 The Company may, at its discretion, interrupt the use of part or all of this Service at any time.
  (Termination of Service Provision)
  Article 9 The Company may, at its discretion, terminate the provision of part or all of this Service at any time.
  
  Chapter 6 Damages
  (Limitation of Liability)
  Article 10 The Company shall not be liable for damages caused by the loss of data stored on the Company's server devices or other telecommunication facilities. Users shall back up their data at their own responsibility.
  (Disclaimer)
  Article 11 The Company may change the functions of this Service from time to time. Content, services, and software may be changed without prior notice.
  2 Users agree that the changes in the preceding paragraph may result in the loss of data, functionality, or usability, and that the Company will make the changes in the preceding paragraph based on this Service, and that the Company shall not be liable for any loss of data, content, functionality, or usability unless otherwise provided by law.
  3 The Company shall not be liable for any malfunctions or damages (including, but not limited to, compensation) that may arise from the use of this Service.
  4 If a user causes damage to a third party through the use of this Service, the user shall resolve it at their own responsibility.
  5 The Company shall not be liable for the results arising from the use of this Service, regardless of the cause, such as malfunction or failure of equipment necessary for the provision of this Service, unauthorized intrusion by a third party, commercial disputes, compulsory dispositions based on laws and regulations, or other causes.
  6 The Company shall not be liable for any damages incurred by users as a result of the suspension of use, interruption of use, restriction of use, or termination of the provision of this Service pursuant to Article 7 (Suspension of Use), Article 8 (Interruption of Use), and Article 9 (Termination of Service Provision).
  7 The Company shall not be liable for damages caused by unforeseen circumstances such as cyber-terrorism, natural disasters, or interference by third parties. (Cyber-terrorism refers to terrorist acts that, through computer networks, infiltrate computer systems in various fields such as national defense and public security in various countries, and cause critical national or social infrastructure to malfunction by destroying or altering data.)
  
  Chapter 7 Handling of Personal Information
  (Handling of Personal Information)
  Article 13 The Company acquires all information (hereinafter referred to as "response information") from surveys, etc., answered by users based on this Service.
  2 Users agree that the Company will use the response information as information that does not identify individuals for the following purposes:
  (1) Matters necessary for checking and analyzing survey results, and for conducting other marketing research.
  (2) Matters necessary for implementing product and solution development and modification.
  (3) Matters necessary for conducting seminars, events, and campaigns.
  (4) Matters necessary for conducting research and studies.
  (5) Development and improvement of advertising distribution models, purchase prediction models, and other marketing solutions.
  (6) Other matters incidental or related to the above.
  3 The Company may provide response information to the Company and designated third parties as information that cannot directly identify specific individuals for the purposes stated in the preceding paragraph.
  
  Chapter 8 Maintenance
  (User's Responsibility for Separation)
  Article 14 When a user becomes unable to use this Service, the user shall confirm that there is no malfunction in the user terminal equipment used for this Service, and then request the Company for repair.
  2 If requested by the user during the confirmation in the preceding paragraph, the Company shall conduct a test at the Service handling office and notify the user of the result.
  
  Chapter 9 Miscellaneous Provisions
  (Limits of Acceptance)
  Article 15 If a request for construction or other services from a user is technically difficult to accept, or if maintenance is extremely difficult, or if there are other impediments to the Company's operations, the Company may not accept the request. In such cases, the Company shall notify the user of the reason. However, if there are separate provisions in these Terms, those provisions shall apply.
  (Obligations of the Contractor Regarding Use)
  Article 16 Users shall maintain and manage their own terminal equipment, communication lines, and other equipment necessary for using this Service at their own responsibility.
  (Matters Stipulated by Law)
  Article 17 Matters stipulated by law regarding the provision or use of this Service shall be governed by those provisions.
  (Governing Law)
  Article 18 The establishment, validity, interpretation, and performance of these Terms shall be governed by the laws of Japan.
  (Resolution of Disputes)
  Article 19 In the event of any dispute regarding the clauses of these Terms or matters not stipulated in these Terms, both parties shall negotiate in good faith and resolve the dispute amicably as much as possible.
  2 The Tokyo District Court shall be the exclusive court of first instance for any disputes concerning these Terms.