Terms of Use for OSSMA Smartphone APPS

Article 1. (Definition of Service)

The “ Service ” means service to be provided by Emergency Assistance Japan Co. Ltd,. (hereinafter EAJ) to our customer ( hereinafter customer) for downloading, installing and/or using smartphone APPS (hereinafter APPS)

Article 2. (Observance of terms of use)

Customer must download, install and/or use the APPS with accompanying service subject to the observance by customer of the terms of use.

Article 3. (Use of this APPS)

Customer can use this APPS solely for the purpose to be specified by EAJ. If EAJ request customer to terminate the service, customer must discontinue the use of this APPS without delay, and uninstall this APPS from customer’s smartphone.

Article 4. (Preparation of hardware and peripheral environment fit to install software)

1. Customer, in its sole responsibility and at its sole expense, must prepare telecommunication hardware, prime moving software, telecommunication cables, etc., for use of this APPS (including downloading this APPS itself).
2. Customer, at its sole expense, must share the telecommunication expense arising out of using this APPS with accompanying service.
3. Depending on customer’s hardware and peripheral environment, customer must maintain any and all suitable security measures to prevent an infection of computer virus, unauthorized access to customer’s information devices and divulging of confidential information.
4. If a customer dispose, handover and abandon the smartphone installing this APPS, the customer must uninstall the APPS.

Article 5. (Attribution of Rights)

Any and all right in respect of the property, copyright that compose this APPS which are provided by EAJ shall be vested in EAJ, and/or its right holders that grant the relevant licenses to EAJ. Customer is only granted to use non-exclusive and non-transferable license solely for customer’s internal use. Customer has no right to acquire any and all right in respect of the property, copyright that compose this APPS.

Article 6. (Termination of Service)

EAJ may terminate either temporarily or perpetually the provision of this APPS with accompanying service, and may change the content of the service, and alter the content of this APPS at any time without notice to customer.

Article 7. (Limitation of liability)

1. Except in case when EAJ commit intentional or gross negligence, under no circumstances shall EAJ be liable for any damages , any other indirect, special, incidental, exemplary damages suffered by customer resulting from a defect of this APPS, malfunction of this APPS (including errors and omissions of the displayed information), any consequential damages to smartphone caused by this APPS with accompanying service, including any disadvantageous nuisance due to malfunctioning of this APPS, loss of use arising out of erased data.
2. In addition to the foregoing, under no circumstances shall EAJ be liable for any damages , any other indirect, special, incidental, exemplary damages suffered by customer resulting from loss of use of this APPS with accompanying service arising out of the following events.
(1) Acts of God, circumstances beyond EAJ’ s reasonable control such as law enforcement by public institutions, court order
(2) Disruption of telecommunication and/or on-line system beyond EAJ’s reasonable duty of care concerning system safety measures
(3) Actions attributable to third party other than EAJ

Article 8. Prohibition

Customer shall not conduct any of the following acts.
(1) Acts that violate the terms of use
(2) Acts that violate the relevant laws and regulation
(3) Crimes and acts that may cause crimes
(4) Acts that alter, contaminate, reverse-compile, reverse-assemble and reverse- engineering of this APPS
(5) Acts that provide program harmful to the functioning of this APPS
(6) Acts of making a false registration
(7) Any and all other acts using this APPS for unlawful and unjust purposes

Article 9. (Application of corresponding terms)

With regard to the matters that are not stipulated in the term of use for the provision of this APPS with accompanying service, the other terms conditions set out by EAJ shall apply.

Article 10. (Amendment of term of use)

If EAJ amend the term of use, EAJ inform the amendment either through notice page in the OSSMA Locator or in other means of notice that EAJ will choose. If customer resume the use of this APPS, EAJ shall consider that customer accept the amendment of the term of use.

Article 11. (Compensation for damage)

If EAJ or third parties sustain damages due to violation of the terms of use by a customer or due to any other liability attributable to a customer, customer shall be liable to compensate for all damages incurred by EAJ or third parties.

Article 12. (Governing Law and Jurisdiction)

1. This term of use shall be governed by and construed in accordance with the laws of Japan.
2. Any difference or dispute between EAJ and customer concerning the use of this APPS shall be resolved by mutual consultation. However, if such difference or dispute could not be settled by consultation, the Tokyo District Court shall have exclusive primary jurisdiction with respect to all disputes arising with respect the terms of use.

1st June 2017
Emergency Assistance Japan Co. Ltd,