αble Service Terms

αble Service Terms / Terms and Conditions ver.1
Revised August 2, 2019
Article 1 (Application of Terms of Use)
αble Service Terms of Use (hereinafter referred to as Terms”) refers to αble (wireless communication earphone device provided by our company) provided by freecle (hereinafter referred to as our company”) Hereinafter referred to as this product and defined in Article 2.3.) And commercially available audio equipment (Hearable device) and αble app (this product is defined as mobile device (as defined in Article 2.2)) Refers to the system that is operated by, and stipulates the terms and conditions of use of this service.
Article 2 (Definitions)
The following terms used in these Terms shall have the meanings defined below.
1. Customer means an individual or a corporation that uses this service.
2. Mobile devices means mobile devices such as smartphones and tablets for using this service.
3. This product means a wireless communication earphone device (product name αble”) attached to the customers ear that links with the customers mobile terminal via wireless communication (Bluetooth®).
4. Usage Agreement means an agreement that contains the rights and obligations relating to the use of the Service established under Article 6.
5. Service Equipment means computers, middleware, telecommunications equipment and other equipment and software used by the Company for the provision of this Service.
6. Platform means the Web services (including Web services that can be purchased by Google Play®, AppStore®, etc.) used by the Company to sell the Service.
7. Intellectual property rights, etc. means copyright (including the rights specified in Article 27 and Article 28 of the Copyright Act), patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights. This means property rights (including the right to acquire those rights or apply for registration etc.) and know-how.
Article 3 (Notification)
1. Unless otherwise specified in the usage agreement, the Company will notify customers using methods that the Company deems appropriate, such as e-mail, display on the Service, and posting on the Company website.
2. In accordance with the provisions of the preceding paragraph, if notification from the Company to the customer is made by e-mail, display on the Service or posting on the Companys website, the notification to the customer will be sent by e-mail, It will take effect from the time it is displayed on the service or posted on our website.
Article 4 (Changes to this Agreement)
1. The Company may add, change, or delete these Terms from time to time (hereinafter referred to as Changes”). In this case, the terms of use of the customer shall apply the terms of use after the change.
2. Unless otherwise specified by the Company, the changes to the Terms in the preceding paragraph will take effect with the customer one week after displaying the contents after the change on the Companys website or the Service. Shall be. In addition, the customer is deemed to have agreed to the change, etc. by using this service after the period.
Article 5 (User Registration)
1. Those who wish to use this service are required to provide us with information specified separately by us in order to use some functions of this service (including those that will be disclosed in the future).
2. Those who wish to use must provide the Company with the most accurate, accurate and up-to-date information when registering in the preceding paragraph.
3. If the usage contract for this service is canceled or canceled by a method specified separately by the Company, the Company shall not be obligated to retain the registered information after that point.
Article 6 (Conclusion of usage contract, etc.)
1. The usage agreement shall be established according to the terms of this agreement when a person who wishes to use this service starts using this service. Anyone who wishes to use this service shall use this service after accepting the contents of this agreement, and it is deemed that the customer has accepted the contents of this agreement when the use of this service is started. Will be.
2. Regardless of the provisions of this agreement and other terms, the Company may not conclude a usage agreement if the applicant for the service and the customer fall under any of the following items. In this case, the reason for non-concluding will not be disclosed. *
(1) When the user contract is canceled due to the default of monetary obligations related to this service or other violations of the user contract
(2) When there is a false description or error in the user registration or there is an entry error
(3) When the Company determines that there is a risk of neglecting to fulfill financial obligations and other obligations based on usage agreements
(4) When the applicant for use provides the same or similar product / service as this service
(5) When the Company deems inappropriate
Article 7 (Contents of this service)
Details of the contents of this service shall be described on our website or this service.
Article 8 (Setting and maintenance for using this service)
1. As a precondition for using this service, you are responsible for preparing an Internet connection environment for downloading this service and a Bluetooth® compatible mobile device required to communicate with this product. The We will write information on mobile devices that support this service (hereinafter referred to as compatible mobile devices”) on this service or our website.
2. The information on compatible mobile devices in the previous section is for reference only, and even if the device is shown as a compatible mobile device, it may not be available. Even if it is a compatible mobile device, you are responsible for checking the status of support for the mobile device that you actually have, and we are not responsible for whether or not the mobile device is compatible.
3. We will select all compatible mobile devices at once. The Company assumes no responsibility for the use of this service on non-compatible mobile devices.
4. Based on the registered customer information, the Company may contact customers who have agreed to contact the Company with information about our products and services by e-mail or other means. The handling of customer information will be handled strictly under our privacy policy (https://able-hear.com/privacy-policy).
5. The customer shall take security measures such as prevention of computer virus infection, unauthorized access and information leakage according to his / her usage environment at his / her own expense and responsibility.
6. The customer shall be compensated for any damage caused to the Company by violating the Terms or the User Agreement or in connection with the use of the Service.
Article 9 (Payment obligation for usage charges)
1. The usage fee for this service shall be as set forth in the usage fee table provided separately by the Company.
2. For the usage period, the customer shall pay the usage fee specified in the usage fee table and the consumption tax related to this usage fee according to the payment timing and payment method specified separately by the Company. In addition, if the customer does not complete the payment specified in this section, the Company may not provide this service.
3. During the period of use, even if there is a situation in which the Service cannot be used due to interruption, suspension or other reasons provided in Article 12 (Temporary Suspension and Suspension) The Company shall not return any fee for any usage fee once paid.
4. The customer shall use this product after confirming the instruction manual and precautions of this product, and the service cannot be used due to handling contrary to the instruction manual and precautions. We are not responsible for product liability.
Article 10 (Cancellation of usage contract from our company)
1. If the Company determines that the customer falls under any of the following items, the Company may cancel or suspend all or part of the usage contract without requiring prior notice or notification to the customer. It shall be possible.
(1) In case of false entry or omission in user registration or other notification contents
(2) When payment is suspended or payment becomes impossible
(3) When a bill or check is undelivered
(4) When a seizure, provisional seizure or auction is filed, or when tax payments are delinquent
(5) When there is a petition for bankruptcy, commencement of corporate rehabilitation proceedings or civil rehabilitation proceedings, or when there is a serious concern about credit status
(6) When a business license is revoked or suspended from a supervisory authority
(7) In the event that the usage contract is breached and the Company does not correct it within a reasonable period after reporting the correction of such violation.
(8) When resolution is made such as dissolution, capital reduction, transfer of all or part of the business
(9) When a service similar to or similar to this service is currently provided, or when it is determined that it will be performed in the future
(10) When conducting anti-social activities, or when falling under other anti-social forces, or related to these companies
(11) When the Company determines that any other reason that makes it difficult to fulfill the usage contract has occurred
2. If the customer falls under any of the reasons listed in the preceding paragraph, he / she loses any profits due to the term, and the usage fee or payment that has not been paid at the time when the usage contract is canceled or suspended under the preceding paragraph. If there is any late damage, this must be paid immediately.
Article 11 (Prohibited matters)
1. In using this service, you are prohibited from performing any of the following items or actions that the Company deems applicable. If the customers conduct falls under any of the following items, or if the Company determines that it is applicable, the Company shall cancel all or part of the usage agreement with the customer or stop using it without requiring prior notice or notification. Shall be able to.
(1) Acts that violate laws and ordinances, acts related to criminal acts, acts of use of this product that violate the purpose of use of this product stipulated by the Company, or acts that violate this agreement or use contract
(2) Fraud or threatening acts against our company, other customers of this 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, honors, other rights or interests of the Company, other customers of this service or other third parties
(5) Acts that place an excessive load on the network or system of this service
(6) Actions that may interfere with the operation of this service
(7) Analytical acts such as reverse engineering of this service or product
(8) Unauthorized access to our network or system or this product, or any unauthorized attempt
(9) Acts impersonating a third party
(10) Advertising, advertising, solicitation, or business activities on this service not authorized by the Company
(11) Acts that give disadvantage, damage or discomfort to other customers of this service or other third parties
(12) Provision of benefits to anti-social forces
(13) Redistribution, loan or sale of this service or product without our consent
2. When using this service, if the customers conduct falls under each item of the preceding paragraph, or if it is determined that the Company falls under the terms of the customer, the customer shall not notify the customer in advance at the discretion of the customer. Measures such as deletion of all or part of the transmitted information can be taken. The Company shall not be liable for any damage caused to the customer by the measures taken by the Company based on this section.
Article 12 (Temporary Suspension and Suspension)
1. The Company shall be able to suspend the provision of the Service without requiring prior notice or consent to the customer if any of the following items applies.
(1) When performing maintenance of this service equipment regularly or urgently
(2) When the services cannot be provided due to natural disasters, power outages, wars, riots, disturbances, labor disputes, or other force majeure
The governing law concerning the establishment, effectiveness, performance and interpretation of these Terms and User Agreement shall be Japanese law.