Palmap Terms of Use

These Terms of Use (these “Terms of Use”) are intended for the use of “Palmap,” which is an application software (the “App”) created by ACCESS Co., Ltd. (“ACCESS”). Any user who wishes to download the App to his/her device, such as the smartphone or tablet he/she owns or uses (the “Device”), and use the services provided by ACCESS through the App (the “Services”) (such user shall be referred to as “User”) must agree to these Terms of Use. If the User is unable to agree to these Terms of Use, then such User may not use the Services. Upon agreement of the User to these Terms of Use, a service contract shall be deemed be executed between ACCESS and the User for the use of the Services (the “Service Contract”).

Article 1.Details of the Services

The Services mean the services whereby Users can share their location information with one another through the App downloaded to their Devices.
The User’s location information will be made available to other Users with whom such User has agreed to do so in the settings of the App. The User may stop sharing his/her location information with other Users by canceling his/her agreement with such other Users on the App.

Article 2.Attribution of Rights

Any and all intellectual property rights (including copyrights) and any other rights to the App shall be belong to ACCESS or its licensor.
Notwithstanding the preceding paragraph, intellectual property rights in content transmitted by the Service to the Users (hereinafter referred to as “Content”) shall belong to ACCESS or a third party having legitimate rights. The User may use the Content to the extent that it does not violate these Terms of Use, provided that (i) the Content may include AI-generated content (the “AI-generated Content”), and (ii) the AI-generated Content may include copyrighted works of third parties, and (iii) it is necessary to obtain permission from the copyright holder to use third-party copyrighted works in any manner other than for personal use as permitted under the Copyright Law.
Notwithstanding the paragraph 1, any copyright and any other intellectual property right to texts, images, videos or other information posted or uploaded by the User using the Services shall be retained by the User or his/her licensor, and the User shall hereby grants, or shall cause his/her licensor to grant, a license to use such information (including modification or deletion thereof under Paragraph 2 of Article 4) to ACCESS without charge to the extent necessary for ACCESS to provide the Services. If the User holds moral rights of an author to the above information, the User will not exercise such rights against ACCESS and any person who succeeds to the rights of ACCESS or is authorized by ACCESS.

Article 3.Use of the Services

Subject to the terms set forth in these Terms of Use, ACCESS shall hereby grants the User a non-exclusive and non-transferrable right to use the Services during the term of the Service Contract provided in Article 13 (Term and Termination of the Service Contract).
Notwithstanding the preceding paragraph, the User agrees in advance that the Services may become unavailable in whole or in part due to changes in the terms of use, service content or operation of any external service (including but not limited to ChatGPT). ACCESS shall not be liable for any damages incurred by the User in connection with the external services.
In using the Services, the User shall arrange beforehand the necessary operating environment (such as the Device and other hardware, an Internet connection line and a secure environment), at his/her own responsibility and cost.
When using external services within the Service, the User shall comply with the terms of use and other conditions of use of such external services.

Article 4.Prohibited Matters, etc.

When using the Services, the User shall be expressly prohibited from committing any of the following:
1. acts that would divulge or disclose to any third party the location information of other Users or other persons who have agreed to share their location information with the User in the Services, without prior authorization;
2. acts that would cause another person to commence sharing such person’s location information with the User by using fraudulent means, such as deception or threats, or downloading the App to the Device of another person, or setting or changing the settings of the App on another person’s Device, without prior authorization;
3. acts that are aimed at engaging in sexual intercourse or indecent behavior, or acts of stalking, or acts that are likely to fall under any of the foregoing;
4. acts that use or are likely to use the Services for crimes;
5. acts that breach or are likely to breach applicable laws or regulations;
6. acts that violate or are likely to violate public order and morals;
7. acts that slander or defame any third party (including other Users), or post or upload information containing content that would cause discomfort to another person, such as indecent, discriminatory or anti-social expressions;
8. acts that reproduce the App beyond the scope granted under the preceding article;
9. acts that sell, distribute, sublicense, lease, transfer or otherwise dispose of the App to any third party;
10. acts that use the Services by using another User’s ID and password, or which otherwise impersonate a third party;
11. acts that attempt unauthorized access to the database or other systems managed by ACCESS for the Services;
12. acts that use or provide any harmful program, such as a computer virus, through the Services;
13. acts that modify, adapt, alter, reverse engineer, reverse compile, reverse assemble or otherwise analyze the App;
14. acts that infringe the intellectual property rights (including copyrights, trademark rights or patent rights), reputation, privacy rights, portrait rights, or any other statutory or contractual rights of ACCESS or any third party;
15. in addition to those described in the preceding items, acts that infringe, restrict or obstruct the rights of ACCESS or any third party, or acts that are likely to fall under any of the foregoing; or
16. any other act that ACCESS reasonably deems inappropriate when providing the Services to other Users (other than the User) in a stable and safe manner.
In the event of a breach or violation by the User under any of the items of the preceding paragraph, ACCESS may cause the User to suspend the use of the Services, modify or delete the information posted or uploaded by the User, or take any other measures ACCESS deems necessary. ACCESS shall not be liable in any way for any damage that may occur to the User due to the measures taken by ACCESS under this paragraph, unless ACCESS has committed an error, intentionally or through its negligence, in making a determination that there is a breach or violation by the User under any of the items of the preceding paragraph.

Article 5.Liability of User

The User will use the Services at his/her own responsibility, with full understanding of the following items, and be fully liable for any act committed by him/her in using the Services and the consequences thereof, except for liability caused by an intentional act or negligence on the part of ACCESS. If there is any dispute between the User and any third party arising out of or in relation to the use of the Services, then the User shall handle and resolve such dispute at his/her own responsibility and cost.
1. the Content contains AI-generated content, and by its nature, its certainty, completeness, truthfulness, accuracy, legality, etc. are not guaranteed.
2. the Contents may contain copyrighted works of third parties.
3. the Service is not a substitute for the opinions of qualified persons or experts in fields that require qualifications or a high level of expertise, including law, medicine, investment decisions, etc., and the User should not rely solely on the Service to make decisions related to such fields.
If the User directly or indirectly causes any damage (including attorney’s fees) to ACCESS due to his/her use of the Services (including cases where ACCESS receives a claim from a third party arising from such use), then the User shall compensate ACCESS for such damage, except when such damage is not caused by any ground attributable to the User.

Article 6.Payment of Consideration

If ACCESS has otherwise determined that consideration is due for the Services, the User shall pay such consideration to ACCESS using the payment method administered or prescribed by the particular store where the User downloaded the App (the “Payment Services”). The payment of such consideration shall be made in accordance with the terms of use or other relevant guidelines stipulated in the Payment Services. Except as otherwise provided for in the Payment Services or if any excess amount of consideration was paid due to any ground attributable to ACCESS, ACCESS shall not refund to the User any consideration paid for any reason.

Article 7.Management of the ID and Password

The User shall not disclose or lend to, or share with, any third party, his/her ID and password, and shall strictly manage such ID and password (including the timely change of the password) so as not to divulge the same to any third party. If the User or any third party suffers any damage due to the inadequate management, misuse or use by any third party of the ID and password (collectively, the “Inadequate Management”), ACCESS shall not be liable in any way for such damage, except when such Inadequate Management is caused by an intentional act or negligence on the part of ACCESS. Further, if ACCESS suffers any damage due to the User’s Inadequate Management, then the User shall compensate ACCESS for such damage.

Article 8.Privacy Policy/External Transmission Policy

In the course of the User’s use of the Services, ACCESS may acquire the personal information entered by the User on the App (such as his/her email address) to provide the functions, support and other aspects relevant to the Services, as well as to improve and develop the Services. ACCESS will handle such personal information in accordance with its Privacy Policy below:
http://jp.access-company.com/info/legal/policy/
In the course of the User’s use of the Services, in preference to the terms of the ACCESS Privacy Policy, the following External Transmission Policy will apply to the handling of advertising identifiers, cookies and web beacons pertaining to the User, as well as information concerning the User (including location information) connected therewith:
https://palmap.net/external-transmission-policy
In providing the Services, ACCESS will acquire the User’s location information to enable such User to share his/her location information with other Users. ACCESS will also use the location information that is acquired to create statistical data to provide the Services and improve and develop their convenience. ACCESS will not provide the location information acquired by it to any third party, except for location information externally transmitted under the preceding paragraph and the location information entrusted by ACCESS to a contractor for handling to the extent necessary to achieve the purpose of use set forth in this paragraph. The User may cause ACCESS to stop acquiring and using his/her location information and delete the location information that ACCESS has already acquired by tapping the “Delete Your Account” button in the user profile on the App and completing the prescribed procedure to delete his/her account. The User may also cause ACCESS to stop acquiring his/her location information by not authorizing ACCESS to access his/her location information through the App by changing the settings of the Device (provided, however, that the location information that ACCESS has already acquired will not be deleted). In any case, the User may not thereafter use the Services detailed in Article 1 (the Services where each User’s location information can be shared among the Users through the App).

Article 9.Open Source Software

If any program contained in the App has any source code that is provided without charge under certain license conditions (including GPL/LGPL), and the use, alteration, reproduction and distribution of such source code is authorized or a license therefor has been granted (the “Open Source Software”), the Open Source Software contained in the App shall be subject to the license conditions of such software.

Article 10.Display of Advertisement

ACCESS may place the advertisements of ACCESS or any third party in the Services.

Article 11.Disclaimer of Warranties and Exclusion of Liability

ACCESS will use its best efforts so that it may provide the Services to the User smoothly. However, the liability of ACCESS to the User shall be limited to making reasonable efforts that would ordinarily be required of a company providing similar services, and the Services will be provided to the User on an “as is” basis, without any warranty, whether express or implied, of absence of defects or non-conformity to contract, non-infringement of third-party intellectual property rights, merchantability, usefulness, accuracy, certainty, completeness, truthfulness, legality, availability to the User, fitness for the purpose of use, and any other warranty. ACCESS shall also not be obliged in any way to perform any version upgrade or add functions of the App to ensure compatibility with the Device or other hardware and software used by the User to use the Services. The User shall use the Services at his/her own risk, responsibility, and discretion.
The Services are not intended for the purpose of providing specific legal advice or medical practice for any particular matter.
ACCESS shall not be liable in any way for any damage that may occur to the User or any third party due to the use/utilization, impossibility of use/utilization, defects or non-conformity to contract, performance, quality, etc., of the Services, except for any intentional act or negligence on the part of ACCESS.
If ACCESS causes any damage to the User due to its intentional act or negligence in providing the Services, then ACCESS shall compensate the User for such damage to the extent that a reasonable causal relationship is determined between such damage and such intentional act or negligence; provided, however, that, except in the case of an intentional act or gross negligence on the part of ACCESS, the damages to be compensated by ACCESS shall be limited to ordinary and direct damages, and ACCESS shall not be liable for any indirect, special, incidental or consequential damages, lost profits, or damages due to loss of use or data.

Article 12.Change of Details; Discontinuation or Suspension of Provision of Services

ACCESS may change the App’s specifications, screen designs, operation methods, administration methods and other matters, as well as the details of the Services, without prior notice to the User.
In any of the following cases, ACCESS may discontinue or suspend the provision of the Services, in whole or in part, by, as a general rule, giving prior notice to the User; provided, however, that under unavoidable circumstances, ACCESS will give such notice after the fact.
If maintenance or inspection of the Services is to be conducted;
1. If such discontinuation or suspension is unavoidable for operational or technical reasons;
2. If a natural disaster, fire, power outage, disturbance, riot, exercise of public authority, or any other unforeseen emergency circumstance occurs;
3. If a malfunction of the telecommunications services provided by another telecommunications carrier occurs;
4. If any malfunction occurs that is not attributable to ACCESS; or
5. In addition to the above, if ACCESS deems such discontinuation or suspension necessary.
6. ACCESS shall not be liable in any way for any damage that has occurred to the User or any third party due to changes in the App or the discontinuation or suspension of the provision of the Services under this article, except for damages due to its intentional act or negligence.

Article 13.Term and Termination of the Service Contract

The term of the Service Contract shall be from the date on which the Service Contract is executed to the time the User terminates it under the following paragraph, or when ACCESS cancels the Service Contract under Paragraph 3 of this article or Paragraph 2 of Article 18 (Elimination of Anti-social Forces).
The User may terminate the Service Contract at any time by completing the withdrawal procedures for the Services on the App; provided, however, that ACCESS will not refund any consideration for the Services that has already been paid.
In any of the following cases, ACCESS may stop the provision of the Services, in whole or in part, or cancel the Service Contract, by giving prior notice to the User:
If the User has an obligation to pay consideration for the Services, but fails to do so;
1. If the User breaches these Terms of Use;
2. If the User does not use the Services for a long time and fails to respond within a reasonable period of time to a communication from ACCESS to confirm his/her intent to continue using the Services (except for cases where such User has paid the consideration for the Services); or
3. In addition to the above, if ACCESS reasonably deems that the User’s continued use of the Services would make it difficult to provide the Services to other Users (other than the User) in a stable and safe manner.

Article 14.Abolition of the Services

In any of the following cases, ACCESS may abolish the Services, in whole or in part, by giving prior notice to the User:
1. If the Services can no longer be provided properly and normally for managerial, technical or other reasons, and operation of the Services has become virtually impossible;
2. If the relationship between ACCESS and a third party that provides the software, server or other technology used to provide the Services is terminated, and ACCESS deems it difficult to continue providing the Services through alternative means;
3. If ACCESS deems it necessary to immediately abolish the Services due to an order, disposition, or request by a public agency or other authority;
4. If the Services can no longer be provided due to force majeure, such as a natural disaster; or
5. If the Services can no longer be provided due to any other reason.
If the Services are abolished under this article, then the Service Contract will automatically terminate on the date of the abolition, and ACCESS shall not be liable in any way for the consequences of the abolition of the Services, except for any intentional act or negligence on the part of ACCESS.

Article 15.Measures to be Taken after Termination of the Service Contract

If the Service Contract is terminated, then the User shall suspend the use of the Services. ACCESS may take measures so that the User can no longer use the Services, in lieu of the suspension of use by the User.

Article 16.Change of these Terms of Use

In either of the following cases, ACCESS may change the terms and conditions of these Terms of Use after announcing in advance the changed terms and conditions as well as the effective date thereof (through a notice via email, a posting on a website operated by ACCESS to provide information related to the Services, or on the App, or any other method). In the case of Item (2) below, the advance announcement under this article will be made within a reasonable time prior to the effective date.

If such change conforms to the general interests of the Users; or
If such change is not contrary to the purpose of the Service Contract and is reasonable in light of its necessity, the reasonableness of the changed terms and conditions, and other circumstances related to the change.

Article 17.Export Restrictions

When using the App and the technologies used therein (the “App Technologies”), the User acknowledges that the App Technologies may be subject to export controls under the Foreign Exchange and Foreign Trade Act and other export-related laws or regulations of Japan, as well as the U.S. Export Administration Regulations, and that the App Technologies may fall under one of the items subject to export controls in other countries, and based thereon, the User shall comply with the said laws or regulations. The User shall also not transfer, export or re-export the App Technologies to companies, residents or nationals of embargoed or trade sanctioned countries, or to prohibited or sanctioned persons or companies, without proper government authorization.
The User shall not use the App Technologies for the development, manufacture or use of weapons of mass destruction, including nuclear weapons, or conventional weapons, as set forth in the Foreign Exchange and Foreign Trade Act and other export-related laws or regulations of Japan.

Article 18.Elimination of Anti-social Forces

The User represents and warrants that he/she is not a member of an organized crime group, an organization affiliated with an organized crime group, an organization that engages in activities contrary to the public welfare, or any other anti-social forces, and that he/she is not involved with any such organization.
If any of the representations and warranties by the User set forth in the preceding paragraph is found to be false, ACCESS may immediately cancel the Service Contract without any notice or demand.

Article 19.Governing Law and Court with Jurisdiction

The governing law of these Terms of Use shall be the laws of Japan. If any legal dispute arises in connection with these Terms of Use, the Tokyo District Court shall have exclusive jurisdiction over such dispute as the court of first instance.

Established on 7.25, 2023.
Revised on October 25, 2023.