Effective Date: 【2024–10–10】
This Terms of Use Agreement applies to the use of the Service (as defined in Article 2) by ZMP Corporation (hereinafter referred to as “the Company”) and the User (as defined in Article 2). (hereinafter referred to as the “Company”) and the User (defined in Article 2) regarding the use of the Service (defined in Article 2). The purpose of this agreement is to define the rights and obligations between ZMP Corporation (hereinafter referred to as the “Company”) and the User (defined in Article 2) regarding the use of the Service (defined in Article 2).
By using the HearTomo® service, the user agrees to these Terms of Use. Therefore, it is important that you understand the terms of this Agreement.
HearTomo® shall not be liable for any loss or damage arising from the use of the HearTomo® services, including, but not limited to, the rules and regulations regarding the HearTomo® services posted on this website. The same shall apply hereinafter in this paragraph.) The Company reserves the right to change the Terms and Conditions at any time. In the event of modification of the Terms of Service, the Company shall announce the details of the modification and the effective date of the modification in a manner prescribed by the Company by the effective date of the modification. If the user uses the service after the announced effective date, or if the user does not cancel the registration within the period specified by the Company, the user is deemed to have agreed to the changes in the Terms of Use.
This Agreement shall remain in effect between the Company and the user from the date the user installs the application until the date the user deletes the application or the provision of the Service is terminated.
The Application
The application called “HearTomo®” operated by our company.
The Service
The service related to “HearTomo®” provided by our company and this application.
Terms and Conditions
This refers to all terms and conditions applicable between us. including, but not limited to, these Terms and Conditions, any Supplemental Terms and Conditions, notices and policies of the Site, and/or any other binding documents provided by us and signed by the User (including, but not limited to, order forms, scopes of work, and master service agreements).
User
means any individual or entity that accesses, receives, or uses the Services.
Corporate User
A User who is a corporation or similar entity.
Individual User
An individual who is not a Corporate User among the Users.
The mobile device must have a good Internet connection. The cost of mobile data shall be solely at the expense of the User.
The user is encouraged to use HearTomo® as an auxiliary means. The application should not be relied upon solely.
Users should use our services in strict compliance with these Terms of Use, the Supplemental Terms of Each Service, all of our policies published on this website, and all applicable laws or regulations in the relevant jurisdiction.
We may change, suspend, or discontinue the Service (or any part thereof) at any time, temporarily or permanently, without notice. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
we will provide information regarding the Service and its services via e-mail.
The Company will store, check, or use the User's usage history of the Service to the extent necessary for improving or enhancing the Service, ensuring smooth provision of the Service, or preventing or enforcing fraudulent or prohibited acts, etc.
The User can use the Service through the HearTomo® application installed from the Apple Store.
A corporate entity or a person who wishes to register as a corporate entity or a person equivalent to a corporate entity agrees to abide by these Terms of Use, and can use the Service according to the results of a business negotiation with the Company through a method determined by the Company.
Individual users who are minors must read these Terms and Conditions together with their parents or guardians. If a parent or guardian permits his/her child to use the Service, these Terms of Use will apply to that parent or guardian, who will be responsible for the child's behavior when using the Service.
（1） Actions that overload the server beyond normal use of the Service, or actions that encourage such actions.
（2）Any act that duplicates, modifies, reprints, alters, modifies, reverse engineers, disassembles, decompiles, translates, or analyzes the functions provided by the Service.
（3）Use of the Service by an automated tool.
（4）Acts that are reasonably deemed to have the potential to interfere with the Company's operation of the Service.
（1）In the event of periodic or emergency inspection or maintenance of computer systems, servers, or other equipment related to the Service.
（2）When computers, servers, communication lines, etc. are stopped for any reason.
（3）When this Service cannot be operated due to fire, power outage, natural disaster, etc.
（4）In the event that the Company reasonably determines that suspension or interruption is necessary for any other reason.
Disclaimer for HearTomo App
HearTomo is a tool designed to analyze electrocardiogram (ECG) data from the Apple Watch and provide awareness to the user. It is important that you understand the following regarding the specifications of this app
It is not a diagnostic tool
It is not intended to diagnose, treat, cure, or prevent any medical condition.
It is intended only to provide information on 1/f fluctuation slope values based on our proprietary algorithm, graphical representation of Lorenz plot results, and emotional analysis.
Consultation with a medical professional
You should always seek advice from a qualified medical professional if you have questions or concerns about HearTomo's informational offerings. Do not disregard professional medical advice or delay a medical consultation based on your own assumptions.
Data Accuracy
Although HearTomo uses sophisticated algorithms, it cannot replace a professional medical evaluation.
User Responsibility
Users are responsible for the proper use of HearTomo and for understanding its limitations.
Emergency Use Prohibited
HearTomo is not intended for use in emergency situations. If you believe you are experiencing a medical emergency, contact Emergency Medical Services immediately.
By using the HearTomo app, you acknowledge that you have read, understood and agreed to this disclaimer.
HearTomo and its developers, affiliates and partners are not responsible for any decisions made based on the information provided by the app.
（2）If an out-of-court settlement cannot be reached, the Tokyo District Court shall have exclusive jurisdiction in the first instance over any and all disputes arising out of or related to these Terms and Conditions. Any claim, suit, or proceeding relating to this Agreement must be brought by the user within one year of the event giving rise to the claim, or such claim shall be waived to the fullest extent permitted by law.
Assignment
We may assign or transfer all or any part of our rights and obligations under this Agreement to any affiliate, successor, or other entity or person without User's prior written consent. Conversely, User may not assign or transfer all or any part of User's rights and obligations under these Terms and Conditions without obtaining the Company's prior written consent.
Changes in Laws or Regulations
We may suspend or discontinue the Services or otherwise modify these Terms if there are changes in laws or regulations that materially limit or prohibit our ability to provide the Services in accordance with these Terms.
Negotiations
ZMP will provide the Services with reasonable skill and care. If the level of quality described in this warranty is not met, you will communicate this to the HearTomo® team, who will work with you to attempt to resolve the problem.
This Agreement
together with all terms, conditions, policies and notices available on the Service or any other binding documents we may provide or agreements we may provide or execute, constitute the entire agreement between us and supersede and replace all prior negotiations, proposals, promises, written or oral statements and understandings of any nature. and supersedes all prior negotiations, proposals, promises, written or oral statements and understandings of any nature whatsoever. Any order form or similar document in standard form provided by you to us, or any reference to it in any payment, is expressly rejected if it differs from or is in addition to these Terms and Conditions.
Order of Precedence
In the event of any inconsistency between the provisions arising from the documents contained herein, unless expressly provided otherwise, the order of precedence shall be as follows. (i) the applicable Purchase Order (if applicable); (ii) the applicable Scope of Work (if applicable); (iii) any other binding document signed between the Parties; (iv) the Supplemental Terms and Conditions; (v) these Terms and Conditions; and (vi) all other documents or policies incorporated into this Agreement by reference.
Severability
If any provision of these Terms and Conditions is held invalid or unenforceable, in whole or in part, under the Consumer Contract Act or any other law or regulation, then only such invalid provision or provisions shall be deleted from these Terms and Conditions and the remaining provisions of these Terms and Conditions shall remain in full force and effect.
No Waiver
Failure to perform any term or condition of these Terms or to exercise any right hereunder shall not be construed as a waiver of future performance of such term or condition or exercise of such right, and the obligations hereunder with respect to such performance shall remain in full force and effect.
Termination or expiration of this Agreement shall not be construed as a waiver of (i) any obligations that may have accrued prior to such termination or expiration or (ii) any obligations that must survive termination or expiration in order to give full effect to their meaning, including, but not limited to, payment obligations, confidentiality obligations, limitations of liability, warranty disclaimers, indemnity, applicable law and dispute resolution, miscellaneous provisions, definitions No release of any obligation shall survive termination or expiration in order to give full effect to its meaning, including, but not limited to, any obligations that must survive the termination or expiration.
Each executing party represents that (i) it has the legal right and ability to enter into, execute, deliver and perform this Agreement, (ii) the individual signing this Agreement on behalf of the party has full power and authority to bind the party by the terms set forth herein, and (iii) this Agreement is a valid and binding obligation of that party, and (iii) represents and warrants that this Agreement is a valid and binding obligation of that party. User agrees that an electronic signature shall have the same force and effect as a manual signature.
CLASS ACTION WAIVER
Any arbitration under this Agreement will be conducted on an individual basis, and class arbitration and class/representative/collective actions are not permitted. Each party agrees that it may bring claims against the other only in its individual capacity and not as a plaintiff or class member in any putative class, collective and/or representative action, including any form of private attorney general action against the other. Further, unless you and we agree otherwise, the arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative or class action.