Terms of Use

Subject to these terms of use (hereinafter, the “Terms”), airweave inc. (hereinafter, the “Company”) grants users the right to use “airweave sleep analysis” application software (hereinafter, the “App”).

1. Introduction

Users shall first agree to these Terms in order to download, install, or use the App. A user who does not agree to these Terms may not use the App. If a user downloads, installs, or uses the App, he/she will be deemed to have agreed to these Terms. The Company may make changes to these Terms. A user who does not agree to these Terms after a change shall immediately delete the App from the relevant device. If a user uses the App after these Terms are changed, he/she will be deemed to have agreed to these Terms after the change.

2. Attribution of Copyright and Other Rights

Copyright and any other rights in and to the App are attributed to the Company.

3. Handling of Usage Information

The Company and its group companies (hereinafter, the “Company Group”) may utilize users’ attributes, usage trends, and other behavioral consequences that may be obtained from users using the App, as general and analytical information or for the purpose of improving its future business, only in a non-personally identifiable form.

4. Prohibitions

  • ・Using the App in a way other than that approved by the Company.
  • ・Altering, reassembling, recompiling, or reverse engineering the App.
  • ・Using the App for a commercial/business purpose beyond the scope of personal use.
  • ・Without prior consent of the Company, copying, editing, altering, analyzing, publishing, broadcasting, displaying, distributing, transferring, leasing, translating, adapting, transmitting, reproducing, recording, sublicensing the App, registering or applying for any right in connection therewith, or otherwise committing any act that infringes the rights of the Company or a third-party copyright holder, unless otherwise prescribed in these Terms.
  • ・Committing any act that violates laws and regulations, public policy, or these Terms.

5. Disclaimer

  • ・The Company does not warrant that the App does not infringe the rights of a third party. Users shall promptly delete the App in the event that the App is found to infringe or potentially infringe the rights of a third party.
  • ・The Company makes no warranty with respect to the App, as to its accuracy, reasonability, applicability, usability, operation, or fitness for any purpose of use or a device used by a user, or any other matters.
  • ・The Company shall not be liable for any damage incurred by a user or a third party in connection with the App, even if a user incurs damage as a result of a failure of the App or loss of data.
  • ・The Company shall not be obliged to provide users with technical support, maintenance, functional improvements, or any other technical services for the App.
  • ・The Company may make changes to specifications or content of the App without giving prior notice to users, or discontinue to provide the App by giving a certain period of notice to users. In this case, however, the Company shall not be liable for any damage incurred by a user or a third party as a result of such change or discontinuing provision of the App.

6. Users’Responsibility

  • ・Users shall comply with any law or regulation relevant to the App.
  • ・A user shall be liable to compensate for any damage incurred by the Company or a third party as a result of his/her violation of these Terms.
  • ・Users shall download, install, or use the App at his/her own discretion, and address and resolve any dispute with a third party arising in connection with the App at his/her own responsibility and at his/her own cost, without causing any damage to the Company Group.

7. Governing Law

Establishment, validity, performance, and resolution of these Terms shall be governed by the laws of Japan.

8. Severability

If any provision of this User Policy shall be held to be invalid, illegal, or unenforceable for any reason whatsoever, the validity, legality, and enforceability of the remaining provisions of these terms shall not in any way be affected or impaired thereby.

9. Jurisdiction

Any lawsuit regarding a dispute arising in connection with these Terms shall be submitted to the exclusive jurisdiction of the Tokyo District Court for the first instance.

Handling of Personal Information

For the purpose of the App, the Company Group sets out the following provisions for handling users’ personal information.

1.Purpose of Use of Personal Information

The Company Group shall use users’ personal information, personal information subject to disclosure, retained personal data (hereinafter collectively, “Personal Information”) to the extent necessary to achieve the following purposes and not for any other purposes:

  • ・When sending users various information, coupons, etc. provided by the Company Group;
  • ・When responding to a question, request for brochure, or other inquiries sent by a user to the Company Group;
  • ・When carrying out a questionnaire survey of users for the purpose of quality/service improvement;
  • ・When handling a phone inquiry to the contact center from a user about products or services, only to the extent that using the user’s Personal Information is necessary to respond to the inquiry, as well as to perform any associated service such as managing inquiry history, researching products, improving the quality of products/support, etc.;
  • ・When recording a conversation during a phone inquiry with the customer center from a user for the purpose of quality improvement; and
  • ・When exercising any right or performing any obligation held by the Company Group under laws and regulations.

In addition to the foregoing purposes of use, if the Company Group separately notifies users of any purpose of use of Personal Information upon acquisition thereof and obtains the consent of users, or otherwise notifies users of or publishes any purpose of use, such purpose of use shall apply.

2.Provision of Personal Information to a Third Party

Personal Information provided by users will not be provided to a third party other than the Company Group unless required by laws and regulations or with the consent of users.

3.Subcontracting the Handling of Personal Information

The Company may subcontract all or part of the handling of Personal Information provided by users to a group company, distributor, or business partner of the Company to the extent necessary to achieve the purposes of use of Personal Information as prescribed in Article 1, above. In this case, the Company Group endeavors to ensure the safe management of Personal Information by selecting/assessing the subcontractor based on whether it implements appropriate safety measures, executing a subcontracting agreement with the subcontractor, etc.

4.For Users Opting Not to Provide Personal Information

It is in a user’s discretion whether or not to provide the Company Group with his/her Personal Information. However, the Company Group may not provide all or part of the service to a user who does not provide the Company Group with his/her Personal Information. Further, the Company Group may not execute an agreement with a user who does not provide the Company Group with information about any item that is necessary for executing the agreement.

5.Procedure for Responding to a Request for Disclosure

A user who wishes to make a request for disclosure, etc. concerning Personal Information of users (notification, disclosure of the purpose of use, correction, addition or deletion of content, discontinuation of use, erasure, discontinuation of provision to a third party) may contact the Consultation Office for Personal Information as set forth below by phone, email, or postal mail. “Request form for Disclosure, etc. concerning Personal Information” (hereinafter, “Request form for Disclosure”) will be sent to the requesting user. The user should read and fill in each item of the Request form for Disclosure, and along with the personal identification documents as defined by the Company(*1), send the same by postal mail to the “Consultation Office for Personal Information” as set forth below. (*1) If a user makes a “request for notification of the purpose of use” or “request for notification of disclosure,” he/she should enclose his/her personal identification documents and postage stamps in the value of 540 yen (to be used as the postal charge for sending the response from the Company by registered mail) with the Request form for Disclosure. The user will be notified in case of any insufficiency or absence of the postage stamps for reply, however, he/she should pay the amount outstanding within the prescribed period, or his/her request for disclosure will be deemed not to have been made and returned to him/her along with any document sent therewith.

6.Handling in Case of Non-disclosure

It should be noted that the Company will not disclose requested information in cases that fall under any of the following items. The Company will notify the user if it decides not to disclose requested information along with the reason therefor. The prescribed charge also applies to cases where no disclosure has been made.

  • ・If the identity of the requesting user cannot be confirmed;
  • ・If the right of representation of the agent cannot be confirmed in case of a request by proxy;
  • ・If there is any deficiency in the prescribed request documents submitted by the requesting user;
  • ・If the requesting user fails to pay the charge (postage stamps) within the prescribed period;
  • ・If the item of requested information does not fall under Personal Information subject to disclosure or retained personal data of the Company;
  • ・If disclosure is likely to harm the life, body, property, or other rights or interests of the requesting person or a third party;
  • ・If disclosure is likely to seriously interfere with the proper implementation of the business of the Company; or
  • ・If disclosure would violate any other law or regulation.

7.Personal Information Protection Manager

airweave inc. Motokuni Takaoka, President and Chief Executive Officer

Contact information: Consultation Office for Personal Information as set forth below.

8.Consultation Office for Personal Information

A user who has any opinion, complaint, or demand concerning the handling of Personal Information may contact the following Consultation Office for Personal Information.


<Consultation Office for Personal Information>

airweave inc.
Zip code: 444-0113
38 Shimoda, Hishiike, Kotacho, Nukata, Aichi
Phone: 0564-62-2827
Email:privacy@airweave.jp

9.Accredited Personal Information Protection Organization

airweave inc. is a member of “JIPDEC,” an Accredited Personal Information Protection Organization, for which resolution of complaints may be filed (contact information) pursuant to the provisions of the Act on the Protection of Personal Information.

(1) Name of the Accredited Personal Information Protection Organization

JIPDEC

(2) Contact Information for Resolution of Complaints

Consultation Office for Complaints Related to Personal Information Protection

  • <Address>Roppongi First Building, 1-9-9 Roppongi, Minato-ku Tokyo 106-0032
  • <Phone>03-5860-7565, 0120-700-779