#### Chapter 1: How to Use Our Services
Article 1 (Use of Our Services)
1. These Terms of Use (the “Terms”) apply to the use of “BrainUp” provided by CogSmart Inc. (the “Company”) (including services the Company provides that are related or ancillary to the app) and its Family App (the “Family App”) (each individually or collectively, the “App”).
2. When the primary user of the App (the “Primary User”) and their supporter(s) (the “Supporter,” and together with the Primary User, the “Users”) agree to these Terms displayed upon the first launch of the App and proceed to the next screen, they are deemed to have completed the application by the method designated by the Company and may use the App. Even if the procedure to agree to these Terms is not taken, using the App shall be deemed as consent to these Terms.
3. Any cautions, notices, or similar items that the Company posts, presents, or provides within the App, regardless of form, constitute part of these Terms.
4. Notices from the Company to Users will be sent to the registered contact information.
Article 2 (Fees)
Unless otherwise agreed, no fees are incurred for using the App.
Article 3 (User Responsibilities)
1. Users shall use the App at their own discretion and responsibility. The Company bears no liability even if Users suffer any disadvantage or damage through the use of the App.
2. Use this App strictly in accordance with the instructions of the physician who actually prescribed the App at the Prescribing Medical Institution (as defined in Article 4, Paragraph 4; same hereinafter). Unexpected symptoms or malfunctions may occur when using the App. The effects of the App vary among individuals, and effects not yet known at this time may also occur. If you experience any unusual symptoms, please do not hesitate to report them to your Prescribing Medical Institution at any time.
#### Chapter 2: Handling of Personal Information and Data
Article 4 (Handling of Personal Information)
In providing the App, the Company complies with the Act on the Protection of Personal Information and other applicable laws and regulations, guidelines established by the Personal Information Protection Commission, and the Company’s Privacy Policy, and handles personal information lawfully and appropriately.
(1) Categories and Methods of Acquisition of Personal Information
In providing services through the App, the Company acquires the following personal information of Users by the methods below, using lawful and appropriate means.
1) Personal information obtained from the Primary User
(a) Information obtained from Prescribing Medical Institutions: subject number (in-hospital ID issued by the Prescribing Medical Institution), entered name, gender, date of birth.
(b) Information obtained through the App (note that some data cannot be obtained unless entered by the Primary User):
① Data such as exercise time by intensity, impressions of the study device, and self-assessments regarding implementation of exercise
② Body measurements: height, weight, body mass index (BMI), body fat percentage, waist circumference, body composition
③ Activity: step count, workouts, active energy (calorie consumption), Activity (an integrated measure presented by the workout app combining calorie consumption, exercise minutes, and stand hours), exercise minutes, resting energy expenditure, walking + running distance, floors climbed, stand hours, stand minutes
④ Heart/cardiopulmonary function: heart rate, resting heart rate, heart rate variability, cardiorespiratory fitness, average walking heart rate, systolic blood pressure, diastolic blood pressure, high heart rate notifications, cardiorespiratory fitness level notifications, low heart rate notifications, microcirculation index, irregular rhythm notifications, electrocardiogram (ECG)
⑤ Sleep: sleep duration
⑥ Gait: walking speed, walking steadiness notifications, walking steadiness, walking asymmetry, double support time, stride length
⑦ Other data: blood glucose level, blood alcohol concentration, alcohol consumption
2) Personal information obtained from Supporters
(a) Information obtained directly through Supporter registration: Supporter’s entered name, relationship to the Primary User, phone number, password
(2) Purposes of Use of Personal Information
The Company acquires and uses Users’ personal information within the scope of the following purposes of use (except where the purpose is evident from the circumstances of acquisition), and will not use it for other purposes unless consent is obtained from the User or such use is permitted by laws and regulations (including the Clinical Research Act and items approved by a Certified Review Board).
1) To provide the App to Users
2) To respond to questions, consultations, and inquiries from Users
3) To carry out items approved by a Certified Review Board
4) For confirmation work in audits pursuant to accounting laws and other applicable regulations
5) For other matters incidental or related to the above purposes
(3) Provision to Third Parties
1) Except in the following cases, the Company will not provide Users’ personal data to third parties without the User’s prior consent.
(a) When personal data is provided in connection with outsourcing all or part of the handling of personal data, within the scope necessary to achieve the purpose of use
(b) When required by law
(c) When necessary for the protection of life, body, or property and obtaining the User’s consent is difficult
(d) In other cases permitted by the Act on the Protection of Personal Information or other laws and regulations
2) Consent to Third-Party Provision
Notwithstanding (3)1) above, in providing the App, the Company may provide personal data to third parties as set forth below for the purposes in (2)1)–4). By using the App (and, for item (a) below, at the specified timing), the User is deemed to agree to each of the following third-party provisions.
(a) Consent to third-party provision of Primary User information to Supporters
The Company may provide the subject number (in-hospital ID) and date of birth in (1)1)(a), and the information in (1)1)(b), to the Supporter. The Primary User is deemed to have consented to such third-party provision at each of the following times:
- When the Primary User, upon being asked by the Prescribing Medical Institution to permit Supporter use of the Family App, grants such permission and the Prescribing Medical Institution generates a QR code for sharing with the Supporter
- When the Primary User, at their own discretion, displays the App’s Supporter-sharing QR code and has the Supporter scan it
(b) Consent to third-party provision between the Company and Prescribing Medical Institutions
To provide the App to the Primary User, it is necessary for the Company and the medical institution that prescribes the App to mutually provide Users’ personal data as follows. By using the App, the User is deemed to consent to such third-party provision. “Prescribing Medical Institution” includes not only the medical institution that prescribes the App on this occasion, but also any medical institution that has prescribed the App to the Primary User in the past or will prescribe it in the future.
- From the Company to Prescribing Medical Institutions: the information in (1)1)(b) and (1)2) above
- From Prescribing Medical Institutions to the Company: the information in (1)1)(a) above
(c) Consent to third-party provision with companies
The Company needs to mutually provide the information in (1) above with the following companies. By using the App, the User is deemed to consent to this third-party provision.
- iCross Inc.
- Asubo Inc.
3) Except as provided in this Article, the Company will not provide Users’ personal data to third parties as information that can identify individual Users. However, the Company may provide Users’ personal data—only after processing so that the recipient cannot identify any individual User—to the Company’s partners, service providers, or other third parties. In such cases, the Company will contractually prohibit recipients from attempting to re-identify individuals through matching or other means.
(4) Voluntariness of Providing Personal Information
Providing personal information to the Company and consenting to its use is voluntary. However, please note that failure to provide or consent may result in inability to use the App. For some items, you may choose not to respond if you do not wish to do so.
(5) Joint Use of Personal Data
The Company may jointly use Users’ personal data as follows:
1) Items of personal data for joint use: The personal data specified in (1) above
2) Scope of joint users: Tohoku University (National University Corporation)
3) Purposes of joint use: The purposes specified in (2) above
4) Administrator responsible for the management of jointly used personal data: The Company (CogSmart Inc.)
(6) Outsourcing the Handling of Personal Data
The Company may outsource all or part of personal data handling operations within the scope necessary to achieve the purposes of use. Contractors are limited to corporations or individuals that the Company determines implement robust security measures to prevent loss, leakage, or damage of personal information.
(7) Disclosure, Correction, Suspension of Use, etc. of Retained Personal Data
1) Upon request from a User, and after confirming the request is made by the individual concerned, the Company will, without delay, disclose or notify the purposes of use regarding retained personal data or records of third-party provision, in accordance with the Act on the Protection of Personal Information. However, this does not apply where the Company has no legal obligation to disclose or notify.
2) If a User requests correction, addition, or deletion (“Correction”) of retained personal data on the grounds that its content is inaccurate, the Company will, after confirming the request is made by the individual concerned, promptly conduct necessary investigations and make Corrections based on the results, in accordance with the Act. However, this does not apply where the Company has no legal obligation to make Corrections.
3) If a User requests suspension of use, deletion, or suspension of provision to third parties (“Suspension of Use”) of retained personal data, the Company will, after confirming the request is made by the individual concerned, promptly implement Suspension of Use in accordance with the Act. However, this does not apply where the Company has no legal obligation to implement Suspension of Use.
4) To make any of the above requests, please contact the inquiry desk listed in (8) below.
(8) Contact for Inquiries
The Company’s Personal Information Protection Manager is responsible for ensuring appropriate protection of personal information. For inquiries or requests regarding personal information management, including correction or deletion, please contact:
[Inquiry Desk]
CogSmart Inc. — Personal Information Inquiry Desk
Personal Information Protection Manager: Akira Higuchi
1-6-4 Hirakawacho, Chiyoda-ku, Tokyo 102-0093, Japan
Email: [email protected]
(9) Cookies, Advertising Identifiers (IDFA/AAID), and Google Analytics
1) To understand usage of our services, improve usability, and deliver suitable advertisements to Users, the Company may use cookies and advertising identifiers (IDFA/AAID) or similar technologies. These do not include information that directly identifies specific individuals.
2) The Company may use Google Analytics (provided by Google LLC) to understand service usage and improve usability. Google Analytics uses cookies, etc., to collect and analyze browsing history without including information that directly identifies specific individuals, and the Company may use the results to understand usage by Users (including visitors to our website) for service development and improvement. You can disable Google Analytics by changing your browser’s add-on settings using the Google Analytics Opt-out Add-on below. Information collected by Google Analytics is managed in accordance with Google’s privacy policy.
- Google Analytics Terms of Service: https://www.google.com/analytics/terms/jp.html
- Google Privacy Policy: https://www.google.com/intl/ja/policies/privacy/
- Google Analytics Opt-out Add-on: https://tools.google.com/dlpage/gaoptout?hl=ja
- How Google uses information from sites or apps that use Google’s services: https://policies.google.com/technologies/partner-sites?hl=ja
Note: A “cookie” is a mechanism that temporarily stores data such as usage history and input content when viewing a website in a browser. IDFA (Identifier for Advertisers) and AAID (Google Advertising ID) are online advertising identifiers issued per smartphone device: IDFA is issued by Apple for iOS devices, and AAID is issued by Google for Android devices.
Article 5 (Data Storage, etc.)
The Company stores data related to use of the App and may post, present, or provide part of such data within the App. However, such posting, presentation, or provision is not an obligation of the Company, nor does the Company have any obligation to back up all such data. The Company bears no liability for any damage suffered by Users or third parties due to loss or alteration of data.
#### Chapter 3: Important Notes
Article 6 (Prohibited Acts)
In using the App, Users must not engage in any of the following acts. In the event of a violation, the Company may, without prior notice, suspend the User’s use of the App or delete their registration, among other measures. The Company bears no liability even if Users suffer any disadvantage or damage as a result.
1) Infringing or likely infringing upon the rights, interests, reputation, privacy rights, or other statutory or contractual rights of the Company or third parties
2) Obstructing or likely obstructing the smooth operation of the Company’s business or the provision of the App
3) Damaging or interfering with the functions of the Company’s servers or networks
4) Using the App for purposes that deviate from the original intent or purpose of the service in light of the purpose for which it is provided
5) Intentionally registering or providing false or inaccurate information (including impersonation of third parties)
6) Illegally collecting, disclosing, or providing personal information or other privacy-related information of third parties
7) Unauthorized access, using another person’s account, creating or possessing multiple accounts, or similar acts
8) Allowing third parties to use, transfer, lend, or change the name on an ID or password
9) Acts that violate these Terms, or acts that the Company deems to violate these Terms
10) Other acts the Company deems inappropriate
Article 7 (Changes, Suspension, or Termination of the App)
The Company may change, suspend, or terminate the App without prior notice to Users if any of the following apply. The Company bears no liability even if Users suffer any disadvantage or damage as a result.
1) When periodic maintenance, inspection, or updates are required for systems or infrastructure used to provide the App, or in the event of an emergency
2) When provision of the App becomes difficult due to force majeure or other unforeseen circumstances not attributable to the Company
3) In other cases deemed necessary by the Company
Article 8 (Changes to These Terms)
The Company may change these Terms without prior notice to or consent from Users. When the Terms are changed, conditions for use of the App shall be governed by the latest version of the Terms. Users shall check the latest Terms as notified within the App when using the App.
Article 9 (Disclaimer)
1) The Company makes no express or implied warranty that the App is free of factual or legal defects (including defects related to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, errors or bugs, and infringement of rights). The Company has no obligation to provide the App after eliminating such defects.
2) The Company bears no liability for damages arising from or related to natural disasters, unauthorized access beyond defensive capabilities, internet communication failures, inability to use the App, or non-delivery or disruption of data.
3) Except in cases of willful misconduct or gross negligence by the Company in connection with Users’ use of the App, the Company bears no liability to Users.
Article 10 (Intellectual Property)
Unless otherwise expressly stated, copyrights, trademark rights, and other intellectual property or intellectual property rights related to information, content, trademarks, or logos used or displayed in connection with the provision of the App belong to the Company. The Company prohibits Users from diverting or reproducing all or part of such materials, as-is or in modified form, beyond the scope explicitly permitted by law, such as for private use.
Article 11 (Governing Laws of General Application)
Matters not stipulated in these Terms shall be governed by the Civil Code, Commercial Code, and other relevant laws and regulations (including, without limitation, provisions related to torts and breach of contract).
Article 12 (Court of Jurisdiction)
All disputes and claims related to the App and these Terms shall be subject to the exclusive agreed jurisdiction of the Tokyo District Court in the first instance.
Article 13 (Governing Law)
The validity, application, and interpretation of these Terms shall be governed by the laws of Japan.
Established on June 13, 2023