Mochipo Terms of Use and Privacy Policy

Introduction

The operator of this website, Toshimitsu Kugimoto (hereinafter referred to as “we” or “our”), develops and operates the smartphone application (hereinafter referred to as the “App”) “Mochipo.” By using this App, you agree to be bound by these terms.

Article 1 (Definitions)

Definitions of terms used in these terms are as follows:

We (or Our): Toshimitsu Kugimoto, operator of this website.
Our Service: Services operated by us and related services.
App: The smartphone application “Mochipo” operated by us.
Website: The website where the content of our service is posted.
User: Anyone who uses our service.
Personal Information: Refers to information that can identify an individual, such as address, name, occupation, and phone number.
Step Data: Information about a user’s steps, obtained through the user’s device and the features provided by iOS.
Premium Plan: The paid subscription offered within the App.
Intellectual Property: Inventions, designs, plant varieties, designs, literary works, trademarks, trade names, and other creative activities of humans (including natural laws or phenomena that have been discovered or elucidated and have industrial applicability), as well as trade secrets and other information useful for business activities.
Intellectual Property Rights: Rights or interests protected by law regarding intellectual property, such as patent rights, utility model rights, breeder’s rights, design rights, copyright, trademark rights.

Article 2 (Agreement to These Terms)

Users are deemed to have agreed to these terms upon using our service and App.
By downloading our service onto a smartphone or other information terminal and completing the procedure to agree to these terms, a usage contract based on these terms is considered established between the user and us.
If a user is a minor, they must use our service with the consent of a legal representative or guardian.
If a minor user falsely claims to have obtained consent from a legal representative or misrepresents their age to use our service without consent, or uses fraudulent means to deceive others into believing they are of legal age, such actions cannot nullify legal acts related to our service.
If a user who was a minor at the time of agreeing to these terms later uses our service upon reaching legal age, they are deemed to have ratified all legal acts related to our service.

Article 3 (Amendment of Terms)

We reserve the right to revise these terms at any time without obtaining consent from users, and users are deemed to have agreed to such revisions without objection.
When we revise these terms, we will notify users of the content through our specified method.
Revisions to these terms take effect from the moment we notify users as described in the preceding paragraph.
Users are considered to have agreed without objection to the revised terms by using our service after the revision.

Article 4 (Method of Collecting Personal Information, etc.)

We may ask users to provide personal information such as name and email address when they contact us.
With the user’s permission, the App accesses Step Data through the features provided by iOS. Step Data is processed on the user’s device, and we do not obtain or store it.
With the user’s permission to access Screen Time, the App sets blocks on the apps and categories the user has selected. The selection is processed on the user’s device, and we do not obtain it.
The App uses the advertising service “AdMob” provided by Google LLC (“Google”) to deliver advertisements. For ad delivery, measurement, and fraud prevention, Google may obtain device information (such as device identifiers, IP addresses, and information about ad impressions and interactions).
Purchases and payments for the Premium Plan are processed through the system provided by Apple, and we do not obtain payment information such as credit card details.

Article 5 (Purposes of Collecting and Using Personal Information, etc.)

We collect and use personal information, etc. for the following purposes:

To provide and operate our services.
To determine whether step goals have been reached, to lift blocks, and to display statistics (these are performed on the user’s device).
To respond to inquiries from users (including verifying identity).
Purposes related to the above.

Article 6 (Provision of Personal Information to Third Parties)

We manage personal information received from customers appropriately and do not disclose it to third parties except in the following cases:
- When there is consent from the customer.
- When disclosure is required by law.
Notwithstanding the preceding paragraph, when advertisements are displayed in our service, advertising providers (including Google) may obtain and use information in accordance with each provider’s privacy policy. For how Google handles information, please see Google’s policy.

Article 7 (Disclosure of Personal Information)

When a user requests disclosure of their personal information, we will promptly disclose it to them. However, we may not disclose all or part of the information if:
- There is a risk of harming the life, body, property, or other rights or interests of the user or a third party.
- There is a risk of significantly hindering the proper implementation of our business.
- It would violate other laws.
Despite the provisions of the preceding paragraph, we generally do not disclose information other than personal information such as usage history and characteristics.

Article 8 (Correction and Deletion of Personal Information)

If a user believes that their personal information held by us is incorrect, they may request correction, addition, or deletion (hereinafter referred to as “correction, etc.”) through the procedure we specify.
If we determine that it is necessary to respond to a user’s request under the preceding paragraph, we will promptly make the necessary corrections, etc., to the personal information in question.
We will promptly notify users when we have made corrections, etc., under the preceding paragraph or have decided not to make corrections, etc.

Article 9 (Suspension of Use of Personal Information, etc.)

If a user requests the suspension or deletion (hereinafter referred to as “suspension of use, etc.”) of their personal information because it is being handled beyond the scope of the intended use or was obtained by fraudulent means, we will promptly conduct the necessary investigation.
Based on the results of the investigation under the preceding paragraph, if we determine that it is necessary to respond to the request, we will promptly suspend the use of the personal information in question.
We will promptly notify users when we have implemented the suspension of use, etc., under the preceding paragraph or have decided not to implement it.
Despite the preceding two paragraphs, if it is difficult to suspend use, etc., due to high costs or other reasons but it is necessary to protect the rights and interests of the user, we will take alternative measures instead.

Article 10 (Copyright, etc.)

Intellectual property rights (including but not limited to copyright, patent rights, utility model rights, design rights, trademark rights, and know-how) regarding our service and various displayed information belong to us or the respective right holders.

Article 11 (Prohibited Acts)

When using our service, users are prohibited from engaging in the following acts as determined by us:

Infringing on our or a third party’s intellectual property rights.
Defaming or unfairly discriminating against our or a third party’s honor or reputation.
Infringing on or potentially infringing on our or a third party’s property.
Causing economic damage to us or a third party.
Engaging in threatening behavior towards us or a third party.
Using computer viruses or harmful programs or inducing others to do so.
Placing undue stress on the infrastructure of our service.
Attacking our servers, systems, or security.
Attempting to access our service in ways other than through the interfaces provided by us.
Manipulating or falsifying Step Data to fraudulently satisfy the conditions for lifting blocks in the App.
Posting in public forums methods other than those specified by us for releasing the screen time restrictions imposed by this App, thereby disrupting other users’ smooth use.
Any other acts deemed inappropriate by us.

Article 12 (Premium Plan)

Users can use the Premium Plan by completing the purchase procedure within the App. The details and price of the Premium Plan are displayed on the purchase screen.
Purchases and payments for the Premium Plan are processed through the system provided by Apple Inc. (“Apple”), and billing, refunds, and other payment matters are subject to the terms and policies set by Apple.
Subscriptions renew automatically unless canceled at least 24 hours before the end of the period. You can cancel at any time from your App Store account settings.
Whether a refund is available for the period after cancellation is subject to Apple’s policies.
We may change the details and price of the Premium Plan. If we do so, we will notify users in the manner specified by Apple and in accordance with Article 3 of these terms.

Article 13 (Disclaimer)

We assume no responsibility for any damages incurred by users in relation to this application, including but not limited to changes, interruptions, terminations, or unavailability of the service, data loss or machine malfunction or damage due to app usage, monetary losses, or any other damages.
This application provides functions that can be used upon granting access to Screen Time and Step Data. We assume no responsibility for any inability to use the service, data loss, or other issues resulting from denial or removal of such access.
The measurement and retrieval of steps depend on the user’s device and the features provided by iOS. We do not guarantee the accuracy, timeliness, or continuity of step data, and we assume no responsibility for damages arising from steps not being reflected correctly.
This application is not a medical device or medical practice, and we do not guarantee that using it will produce any particular health benefit. When walking, please pay close attention to your physical condition and the safety of your surroundings.
We do not participate in nor bear any responsibility for users’ service usage environment.
We do not guarantee that this service conforms to specific user purposes, expected functionality, commercial value, accuracy, usefulness, compliance with applicable laws or industry regulations, or absence of malfunctions.
We do not guarantee that this service is compatible with all information terminals, and users acknowledge the possibility of operational issues due to OS updates or other changes to the information terminals used for the service. We do not guarantee resolution of such issues through program modifications or similar measures.
Users acknowledge in advance the possibility of restrictions on the use of all or part of the service due to changes in terms of use or operational policies of service stores such as the App Store.
We assume no liability for direct or indirect damages incurred by users through the use of this service.
We assume no responsibility for opportunity losses, business interruptions, or any damages (including indirect damages or loss of profits), even if the possibility of such damages has been notified in advance.
The provisions of the preceding paragraphs do not apply in cases where we are guilty of intentional misconduct or gross negligence, or when the user falls under a consumer under the Consumer Contract Act.
Even in cases where the preceding paragraph applies, we assume no responsibility for damages caused by negligence (excluding gross negligence), specifically damages arising from special circumstances.
If we assume liability for damages related to the use of this service, our liability shall be limited to the amount of fees received from the user in the month in which the damages occurred.
We assume no responsibility for disputes and troubles between users or between users and others. In cases of disputes or troubles between users, both parties are responsible for resolving them, and neither party shall make any claims against us.
In cases where users cause damage to other users or disputes with third parties related to the use of this service, users shall bear the costs and responsibilities for compensating for such damages or resolving such disputes, and shall not cause any inconvenience or damage to us.
If we receive claims for damages or compensation from third parties due to users’ actions, users shall resolve these matters at their own expense (including legal fees). If we make payments for damages or compensation to such third parties, users shall reimburse us for all costs incurred (including legal fees and loss of profits).
If users cause damage to us in relation to the use of this service, users shall compensate us at their own expense and responsibility (including litigation costs and attorney’s fees).

Article 14 (Advertisement Placement)

Users understand and agree that advertisements may appear on our service and that we or our partners may place advertisements on our service. The format and scope of advertisements on our service may be changed by us from time to time.
The App may display rewarded ads that offer a 15-minute temporary lifting of blocks. No ads are displayed with the Premium Plan.

Article 15 (Prohibition of Transfer of Rights)

Users shall not transfer their position under these terms or all or part of the rights or obligations based on these terms to a third party without our prior written consent.
We may transfer all or part of our service to a third party at our discretion. In such a case, all rights of the user related to our service, including their account, shall be transferred to the transferee within the scope of the transferred rights.

Article 16 (Severability)

Even if any provision or part thereof of these terms is judged to be invalid or unenforceable under the Consumer Contract Act or other laws, the remaining provisions of these terms and the remaining parts of the provisions judged to be invalid or unenforceable shall continue to have full force and effect.

Article 17 (Contacting Us)

Users can contact us regarding this service through the contact form provided on the website operated by this service or at other designated methods specified by us.

Article 18 (Governing Law and Jurisdiction)

The validity, interpretation, and performance of this agreement shall be governed by Japanese law and interpreted in accordance with Japanese law.
Any disputes, discussions, lawsuits, or other conflicts between us and users shall be under the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court, depending on the amount in dispute.

History

Effective as of October 21, 2026