(Original Japanese text is here)
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- This app is designed to support motivation and maintenance for dieting and health improvement. It does not guarantee the effectiveness of dieting or similar outcomes.
- Minors are not allowed to use the app without permission from a parent or guardian.
- A Gmail address is required for using the app.
- The app is free to use with included advertisements.
- Automated text generation by AI will be performed. There is a possibility that unintended or undesirable content may be displayed.
- Please use this app within the boundaries of common sense. Any disadvantages arising from using the app in a manner that deviates from common sense will be the sole responsibility of the user.
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Zakkuri Diet LOG -Yurushibo-
Terms of Use
These terms define the handling of the “Zakkuri Diet LOG -Yurushibo-” provided by Karabuki-3rd-Planet (hereinafter referred to as “our organization”) when users use the service. Users who wish to use this service should agree to these terms and use the application and the service in accordance with the terms.
Article 1 (Definitions)
The definitions of the terms used in these Terms of Use shall be as follows.
(1) Service: The service and related services operated by our organization.
(2) The App: The app where the content of the service is posted.
(3) Content: Text, sound, static images, videos, software programs, codes, etc. provided on the app, including posted information.
(4) Users: All those who use the service.
(5) ID: A string unique to registered users for using the service.
(6) Personal Information: General term for information that can identify individuals such as address, name, occupation, telephone number, etc.
(7) User Information: All information uniquely associated with the user related to the operation of the service (including items obtained by the user within the service).
(8) Intellectual Property: Things created by human creative activities (including laws and phenomena of nature discovered or elucidated that have industrial applicability), trademarks, trade names and other goods and services used in business activities, trade secrets and other technologies useful for business activities, or business information.
(9) Intellectual Property Rights: Rights defined by laws and regulations concerning intellectual property or rights related to interests protected by law.
(10) OS: Abbreviation for Operating System, a general term for software that controls the operation of electronic devices such as personal computers and smartphones.
(11) Database: A common name for a collection of data organized and accumulated on a computer. In these terms, it mainly refers to the storage area on a specific computer where the user’s information is organized and accumulated using the format defined by our organization for the operation of the service.
(12) Code: Text written according to specific rules to make a computer function.
(13) Bug: A general term for defects in code or software or hardware functionality.
(14) Install: To incorporate a program file that expresses certain functions on a device, such as software or applications, into the device by saving it and making it fully functional.
(15) Uninstall: To remove software or applications installed on a device so that they cannot operate and delete the data of such software or applications from the device.
(16) Login: To authenticate that users are the actual persons using the service or application on the web using specific information (Email, ID, Password, etc.), enabling the use of information linked to the actual user.
(17) Google account: An authentication information management function assigned to registered users when registering for a service provided by Google LLC (a corporation established and operated under the law of the state of Delaware, USA).
(18) Gmail address: The email address allocated to registrants of the email service provided by Google LLC.
(19) Generative AI: A program that returns text or image data by referring to a large amount of data and inferring human instructions or questions and their responses.
(20) Generative AI Learning: Making reference data resources such as texts or images, which are necessary for Generative AI to generate responses, available to Generative AI.
(21) Vision of a Generative AI: A general term for the phenomenon where the Generative AI may return irrelevant or incorrect information completely unrelated to the intention of human instruction or question, because it refers to finite data and generates responses probabilistically or programmatically.
(22) AI Service Provider: The person who provides the generation service by Generative AI. In the cheer-up function on our service, we use the service provided by OpenAI.
– OpenAI (Open AI, OpenAI): A corporation in the United States consisting of non-profit corporation OpenAI, Inc. and its subsidiary for-profit corporation OpenAI Global, LLC.
Article 2 (Agreement to these terms)
1. Users can use the service only after agreeing to these terms.
2. The use contract shall be concluded between the user and our organization when the user downloads the service to a smartphone or other information terminal and takes the procedure for agreeing to these terms.
3. If the user is a minor, the following applies.
(1) If the user is a minor, please use the service after obtaining consent from the parental authority or other legal representative.
(2) If a minor user uses this service by pretending to have the consent of a legal representative or pretending to be an adult about their age, or by using deception to make others believe that the user has the capacity to act, the user cannot cancel any legal acts related to this service.
(3) If a user who was a minor at the time of agreeing to these terms uses the service after attaining majority, the user is assumed to have ratified all legal acts related to the service.
Article 3 (Scope of This Service)
1. This service is designed to assist users in maintaining and improving their motivation for health management through daily record-keeping of calorie intake, body weight, and other measures via this application, and enjoying the content.
2. This service is aimed at assisting in health management motivation and does not guarantee improved health.
3. Not all information posted on this service is necessarily accurate. Despite our utmost attempts to investigate and consider, there may be incorrect information unintentionally posted or information that deviates from our intended meaning.
4. Some components of this content include responses by AI. Restrictions have been put in place to avoid professional advice or health-related suggestions, but there may be incorrect or undesirable information due to unforeseen actions.
5. This service should be used for assisting with health management motivation, with the user’s own judgment, understanding that the information posted on this service may contain errors as stated in items 3, 4 and similar situations.
6. This service does not encourage extreme health management methods such as fasting, selective eating, or overeating. Users should use this service within the bounds of common sense as an aid to their health management motivation.
7. If a user is under the guidance or advice of a doctor or health management professional, they should follow the medical professional’s instructions despite the content posted on this service. They can only use this service if they confirm that there is no problem with using this service from their respective doctor or professional.
8. If a user feels unwell while using this service, they should immediately stop using the service and seek medical advice.
9. Users should use all explanations on this service without deviating from a general interpretation.
Article 4 (Handling of Personal Information)
We will handle the user’s personal information that we obtain through the use of this service appropriately in accordance with our separately defined “Privacy Policy”.
Article 5 (Regarding Advertisements)
1. Users should understand and consent that this service may contain any advertisements and that we or our partners may advertise.
2. Users should understand and consent that not all advertisements posted on this service have necessarily passed our checks, and the user will assume responsibility for any actions taken in response to displayed advertisements.
3. Users should accept that the form and scope of advertisements on this service may change from time to time.
Article 6 (About this Application)
1. Users shall use this application in accordance with the following provisions:
(1) Minors may not use this application without the permission of their guardian.
(2) This application cannot be used outside of Japan.
(3) Users shall prepare and maintain the necessary information terminal (device), communication equipment and means, power, etc., at their own responsibility and expense when using this application.
(4) Users acknowledge that they may not be able to use the application unless they comply with the specification standards set by our organization (including but not limited to corresponding OS, performance, and function).
(5) Users acknowledge that the specification standards set by our organization (including the corresponding OS, performance, functionality, etc., but not limited to these) may be changed at our discretion.
(6) Users cannot enter their real name in this application.
(7) Users agree in advance that the specification and user interface of this application may be changed at our discretion.
(8) Users accept in advance that this application uses Google account for user identification purpose, and the user’s Gmail address will be stored in our database.
(9) Users understand that the user information used in this application is linked to a Google account, and agree to use this application understanding that their user information will not be transferred if they change their Google account.
(10) Users acknowledge in advance that we may perform certain filtering or monitoring of information entered by users or information sent to external services, which is difficult for us to set in advance, to keep this service in compliance with social decency and public order.
2. Users shall manage the Google account used to register for this application in accordance with the following provisions:
(1) Users shall manage their own Google account used for this application under their own responsibility to prevent it from being illegally used in this application by a third party.
(2) Users shall not allow a third party to use their own Google account to use this service by lending, transferring, changing the name, selling, inheriting, etc.
(3) We may consider any actions taken on this service with the user’s Google account as actions taken by the user linked to the Google account.
(4) The user shall bear any damage caused by insufficient management of the Google account, usage errors, or usage by a third party.
(5) If a user finds that their user information has been stolen or is being used by a third party, they shall immediately notify us of the fact and follow our instructions.
Article 7 (Prohibited Actions)
In using our service, we prohibit users from engaging in any of the actions listed below, or any actions that promote such behavior. If our organization determines that a user has violated these prohibitions, we may request corrective measures, temporarily suspend our service, delete user information, or take any other actions deemed necessary.
1. Actions violating laws, public order and morals, or internal rules of industry associations to which our organization or the user belongs.
2. Actions related to criminal behavior.
3. Posting, transmitting, or uploading information deemed by the organization to fall under any of the following categories through this service (including the app) or to a relevant external service:
(i) Information containing overly violent or brutal expression.
(ii) Information containing slanderous expression harming the reputation or credit of our organization, other users, or a third party.
(iii) Information containing excessively obscene expression or expression falling under child pornography or child abuse.
(iv) Information containing expressions that promote discrimination.
(v) Information containing expressions that promote suicide or self-harm.
(vi) Information containing expressions that promote the improper use of drugs.
(vii) Information containing antisocial expression.
(viii) Information requesting the dissemination of information to third parties, such as chain mail.
(ix) Information containing content that may make others uncomfortable.
4. Actions that infringe upon the intellectual property rights, rights of likeness, privacy rights, or other rights or interests of our organization, other users, or any third party (including actions that directly or indirectly lead to such infringement).
5. Actions causing economic damage to our organization, other users, or any third party, or possibly leading to such damage.
6. Deceptive or threatening behavior, defamation of character, unjust discrimination, or slander targeted at our organization or a third party.
7. Actions that destroy, interfere with, or place an undue burden on the servers or network equipment of our organization, other users, or any third party.
8. Sending information containing computer viruses or other harmful computer programs, or actions that encourage such behavior.
9. Actions that alter information that can be used in this service.
10. Sending data exceeding a fixed amount determined by our organization through this service.
11. Actions possibly hindering the operation of this service by our organization.
12. Actions unauthorized by our organization to illegally access any information related to this service, or attempts to do so.
13. Impersonating other users or a third party.
14. Using the authentication information of another user of this service.
15. Allowing a third party to use this service using one’s own authentication information.
16. Collecting or accumulating personal information about other users.
17. Using this service for improper purposes.
18. Using this service through improper means.
19. Conduct causing disadvantage, damage, or discomfort to other users of this service or a third party.
20. Advertising, solicitation, or commercial activities on or through this service, or any part thereof, without our organization’s permission.
21. Actions associated with this service that directly or indirectly provide benefits to antisocial forces, etc.
22. Abusing any bugs or other program defects in any programs (including web pages) related to the provision of this app and service, in a manner that is inevitably judged by our organization to be intentional.
23. Any other actions deemed inappropriate by our organization.
Article 8 (Addressing Violations of this Agreement)
1. If a user violates any provision of this agreement, our organization may take any of the following actions.
(i) Forced deletion of user information.
(ii) Refusal of registration to our service with a Google account associated with the user.
(iii) Refusal of user requests to delete user information.
(iv) Consultation with appropriate public authorities and disclosure of user information.
(v) Any other measures deemed necessary by our organization to smoothly operate this service.
(vi) Claim for compensation of incurred damages.
2. If our organization recognizes a violation of this agreement by a user, we will judge its urgency considering the social and economic impacts. Unless no particular urgency is recognized, we will notify the offending user and set a grace period of at least three days to correct the violation before taking compulsory measures. If urgency is determined, our organization may immediately take action.
3. If our organization determines that a user has maliciously used this service, we may immediately take any measures deemed necessary for smooth operation, such as the actions described in paragraph 1 of this article.
4. If a user in violation of this agreement has violated this agreement or any other terms of use in the past or has failed to comply with requests to correct the violation, our organization may immediately take measures deemed necessary.
5. When a user receives notification from our organization to correct a violation, the user must immediately rectify the situation.
6. After resolving an issue, users are not permitted to resume violating behavior or use this service maliciously in any way considered socially unethical.
7. Users agree in advance that even if our organization does not recognize a violation by a user, it does not mean that we condone the violation, and regardless of whether there is notification from us, users must check from time to time for any violations and immediately rectify any immediately if they occur.
8. Users agree in advance that if our organization cannot confirm the resolution of a problem for a set period after sending a notification, regardless of whether the user is at fault, compulsory measures may be taken by our organization.
9. Unless our organization is grossly negligent or intentional, when users violate this agreement, they assume the following responsibilities:
(i) Regardless of whether the violation of this agreement is intentional or negligent, any disadvantage that occurs to the user as a result of the violation of this agreement while using this service will be entirely borne by the user.
10. In any of the following cases where a user is applicable, any damage caused to our organization, other users, or a third party as a result, including any related litigation, compensation, and all related costs, will be entirely borne by the user who performed the violation:
(i) When the user deliberately committed or attempted a violation,
(ii) Although the violation is due to negligence, it can be judged to be clearly deviant considering social common sense,
(iii) If the user neglects to respond despite being considered to have received notifications from our organization to rectify the violation.
Article 9 (Deletion of User Information)
1. In the event that any of the following conditions are met, our organization may immediately delete the user’s information. However, if our organization does not consider the situation particularly urgent or malicious, it will strive to obtain the consent of the user, notify the user in advance, and set a grace period before deletion whenever possible.
(i) If our organization determines that it needs to take action against the user in accordance with Article 8.
(ii) If our organization cannot confirm any use of this service by the user, such as logging into the app, for more than 90 days.
(iii) If the user immediately requests the deletion of their user information from this service.
2. Our organization agrees to promptly delete user information related to a user’s use of this service, which is stored in databases or other areas managed by our organization and cannot be deleted by the user, upon accepting a user’s request for deletion submitted via the designated application form.
3. If a user wishes to delete their user information stored in servers or other locations used by this service that cannot be deleted by the user’s operations, they must follow the guidelines below.
(i) After requesting the deletion of user information through the designated application form set up in the appropriate place in this app, the user shall uninstall this app from their device.
(ii) Users agree that once user information is deleted from this service, it will be absolutely impossible to recover or restore.
(iii) Users agree that if they repeatedly engage in irrational behavior such as re-registering for this service after requesting the deletion of their user information, our organization may refuse new registrations with the Google account of the said user.
Article 10 (Stoppage or Alternation of Service Provision)
1. The organization reserves the right to stop or suspend the service in whole or in part under any of the following circumstances:
(1) When carrying out maintenance checks or work on the service facilities.
(2) When providing the service becomes difficult due to emergencies such as fires or power failures.
(3) When providing the service becomes difficult due to natural disasters such as earthquakes, eruptions, floods, or tsunamis.
(4) When the specifications of an external service which constitutes parts of this service have been changed or stopped and the organization deems it difficult to provide the service through other alternative means.
(5) When the organization determines that providing the service is difficult due to other reasons.
2. Normally, if the organization decides to stop or suspend the service due to the reasons stated in the previous clause, it will notify the user at least 30 days in advance. However, if the service is forcefully interrupted or stopped due to unforeseen circumstances such as natural disasters, there is no liability on the organization even if a prior notice to the user has not been made.
3. In cases where the person responsible for the management and operation of this service is under disaster conditions or for other reasons cannot adequately manage and operate this service, and when a significant disadvantage is expected to the organization or users from providing this service, the organization reserves the right to stop the service in whole or in part without prior notice to the users.
4. The user agrees in advance that the service could be stopped or interrupted in whole or in part due to circumstances such as maintenance management, natural disasters, and social or economic conditions.
Article 11 (Intellectual Property Rights)
1. All intellectual property rights related to the service (including this app and the contents) belong to our organization or those who have given license to our organization. If any copyright is recognized on a text output by AI through the service, this right shall also belong to our organization.
2. The permission to use the service based on this agreement does not mean granting the license to use the intellectual property rights of the organization or those who have given a license to the organization. Users shall not conduct any activities that may infringe upon these intellectual property rights, such as unauthorized reproduction, transmission, transfer, sale, reverse assembly, reverse compilation, reverse engineering, etc.
3. If a user uses the share function installed by the organization at an appropriate place in this app, it only permits the user to transmit to a third party the content for which the organization has rights prepared by the function.
Article 12 (Feedback from Users)
1. When a user sends feedback to the organization regarding improvement measures for this app or service, the user warrants that the feedback does not infringe on any third party’s intellectual property rights (such as patent rights, copyrights, trademark rights, etc.), the user has the right to communicate this feedback to the organization, and the user also possess the right to allow the organization to use the feedback.
2. The user grants the organization the right to use the feedback received from the user for
free and indefinitely, without geographical limitations, and the organization acquires this right. The rights the organization acquires include the rights defined in Article 27 and 28 of the Copyright Law, such as the rights of reproduction, screening, performance, public transmission, dissemination, presentation, distribution, transfer, loan, translation, adaptation, modification within the scope deemed necessary for the operation of the organization. The user agrees not to exercise moral rights against the organization and those who inherit or are licensed rights from the organization.
Article 13 (Assignment of Rights and Obligations)
1. The user shall not assign, sell, lend, inherit, license, provide as security, or otherwise dispose of all or part of the rights or obligations based on this Agreement or the status under the service contract to a third party, without the prior written consent of the organization.
2. The organization is allowed to transfer all or part of the service to third parties as follows:
(1) The transfer can be decided at the discretion of the organization.
(2) The manner of the third party to which the organization makes the transfer includes mergers, splits, acquisitions, etc.
(3) The organization can transfer all the rights and obligations under this agreement, the status under the contract, and the user information and other information on the service to the third party.
(4) In the case of a transfer, the organization shall notify the user on the service at least 30 days before the changes take place.
(5) In case of a transferred service and the user applying that they do not wish for their user information to be inherited during the grace period before the transfer takes place, the organization will promptly delete the user information to prevent it from being inherited by the transferee.
3. The user agrees to the following terms if the service is transferred according to the provisions of the preceding clause:
(1) If users do not wish their user information to be inherited when the operator of the service is changed, users should apply to delete their user information through a designated application form installed in an appropriate place within this app by the organization, and then uninstall the app from the user’s device by the user’s own operation.
(2) If users neglect to confirm the notification from the organization, and even though they did not wish their user information to be inherited, if it is inherited and any damage occurs to the users, the users shall bear the responsibility themselves and agree in advance not to demand any responsibility or compensation, etc. from the organization or the organization that received the transfer from the organization.
(3) In case of (2) above, the application or inquiry for the deletion of user information, etc., will be performed by the users themselves under their responsibility, according to the regulations set by the organization that took over the operation from the organization.
Article 14 (Mode of Contact)
1. The organization will notify or contact the users related to the service via this app, on the organization’s official website, or with any method the organization deems appropriate. When the organization contacts the user at the contact information registered at that point, the contact is deemed to have reached the user.
2. Any contact from users to the organization regarding the service shall be sent via the inquiry form installed in an appropriate place within the app, or by any other method separately designated by the organization.
Article 15 (Changes to this Agreement)
1. The organization is allowed to revise this agreement without obtaining the user’s prior consent.
2. If the organization makes a revision as stated in the preceding clause, unless there are special circumstances, it shall notify users about the content of the revised terms of use with a period of at least 3 days before the amendment.
3. When the organization revises this agreement, it will notify users by uploading to the web page related to this service or this app from the organization. The effective date of the revised terms will be clearly stated in the notification.
4. If the content of the revision to this agreement is reasonable when considering the necessity of the change, the content of the change, and other circumstances related to the change, and also does not violate the purpose of this agreement and is in line with the general interest of users, the user’s agreement is not needed, and the changes in the agreement will take effect from the effective date stated in the notice.
5. If the change to this agreement doesn’t fulfill the conditions of the previous clause, the change to this agreement will take effect when the user’s consent is obtained.
6. If this agreement is revised and the prescribed notice period has passed, when the user uses this service, it is considered that the user has agreed to the revised terms of use.
Article 16 (Disclaimer)
1 Our organization makes no warranty, either express or implied, for this Service or this application, including but not limited to the following:
(1) That there are no defects, errors, or bugs
(2) That continuous use is possible
(3) That no problems will arise
(4) That data associated with the user will not be lost
(5) That the user’s device will not be affected in any way
(6) That no infringement of the rights of users or third parties will occur
(7) That there are no factual or legal defects (including safety, reliability, accuracy, completeness, effectiveness, legality, or suitability for a specific purpose)
2 We do not warrant the following actions of this application:
(1) That it will operate properly on all information terminals
(2) That it will operate properly in the event of an OS upgrade or similar
(3) That it will operate properly in case of changes to the operating policies or rules of platform providers, including application stores
(4) That it will operate properly if an unexpected event such as a disaster or accident occurs
(5) That it will operate properly if user information is lost due to an unexpected event
3 We do not guarantee that we will resolve all the problems referred to in the previous two paragraphs on our own responsibility and at our own expense, including the restoration of data.
4 We do not intervene in the user’s service environment and do not accept any responsibility.
5 Even if we cooperate with external SNS operators or other third-party service providers, we do not guarantee the possibility, continuity, or completeness of such cooperation. We also do not guarantee that the use of this Service and this application does not violate their terms of use. Users shall comply with the terms of use of external operators at their own expense and responsibility.
6 When products or services are introduced through affiliate programs or blog articles in this Service, inquiries regarding these products or services should not be addressed to our organization but directly to the seller.
7 We assume no responsibility for any information, services, etc., provided at sites accessed via links or banners from this Service. We also do not guarantee the nature, legality, or appropriateness of such transition destinations. The final decision concerning the purchase of products or services is your responsibility.
8 We are not responsible in any way for any disadvantages or damages suffered by users due to inaccurate or false information used for registration for this Service.
9 We assume no responsibility for any damage caused by changes, interruption, or termination of this Service conducted in accordance with these rules.
10 In case our organization causes a stop or interruption of service provision contrary to the rules due to our negligence, and this results in real loss exceeding the general permissible range on a social common sense for the user, we shall compensate the user for the direct and usual damages that have actually occurred. (This does not include incidental, indirect, special, future, and loss of profit damages.)
11 We shall not be liable for any damage to the user in case user information is lost due to reasons not attributable to our responsibility.
12 If users use this Service beyond the prescribed range or interpret it in a way that deviates from societal norms, we shall not be held responsible for any damages incurred.
13 Even if users continue to use this Service even though they notice a change in their physical condition, without seeking advice from a doctor or professional, or despite being advised to restrict the use of this Service, we will not be responsible for any consequent damages.
14 Except in cases of intention or gross negligence on our part, if use of this Service causes damage to users, in cases where users do not fall under the provisions of Article 8, paragraph 9, we shall compensate for direct and ordinary damages that have actually occurred. (This does not include incidental, indirect, special damages, future damages, and damages for loss of profits.)
15 If these Terms become a consumer contract as defined by the Consumer Contract Law, the provisions of the preceding paragraph 13 will not apply. However, even in this case, we will not assume any responsibility to compensate for incidental, indirect, special damages, future damages, and damages for loss of profits due to our negligence (excluding gross negligence).
16 If our organization is liable for damages in relation to the use of this Service, we will assume liability for damages, limited to the amount received from the user in the month the damage occurred. If we do not obtain an amount of use from the user, it will be limited to the actual profit brought about to the user in that month.
17 We will not assume any responsibility for disputes and troubles between the user and other users. If trouble occurs between users, they must resolve it by themselves and make no claims whatsoever to our organization.
18 If users cause damage to other users or a third party or cause a dispute in relation to their use of this Service, they must resolve such damage or dispute at their own expense and responsibility, and will not cause any inconvenience or damage to our organization.
19 If a third party makes a claim for damage compensation etc., against our organization due to the actions of the user, the user shall resolve this at their own expense (including attorney’s fees). If our organization pays compensation damage to said third party, the user shall pay all costs (including attorney’s fees and loss of profit) including the said damage compensation to our organization.
20 If a user causes damage to our organization in connection with the use of this Service, the user shall compensate our organization for damages (including litigation costs and attorney fees) at their own expense and responsibility.
Article 17 (Complete Agreement)
These terms and conditions constitute the entire agreement between our organization and the user regarding the matters contained in these Terms and independently prevail over any prior oral or written agreements, statements, and understandings between our organization and the user regarding the matters contained in these Terms.
Article 18 (Separability)
In the event that any provision or part of these Terms is deemed invalid or unenforceable by the Consumer Contract Law or other laws or regulations, the remaining provisions of these Terms shall continue to be in full force and effect.
Article 19 (Governing Law and Jurisdiction)
1 The validity, interpretation, and execution of these Terms and Conditions shall be governed by Japanese law and interpreted in accordance with Japanese law.
2 If these provisions are created in Japanese and other languages, in case of contradiction or discrepancy between the languages, Japanese shall take precedence in all respects.
3 Any disputes arising between the organization and users, such as discussions, litigation, or any other disputes for resolution, will be subject to the jurisdiction of the summary court or district court in the jurisdiction where our organization is located, in accordance with the amount in controversy.
Effective March 1, 2024.