Terms of Use

Last Updated: February 15, 2025

These Terms of Use (hereinafter referred to as "Terms") set forth the conditions for using the smartphone application "Sip" provided by Akira Kawata (hereinafter referred to as "the Company" or "We"). By downloading, installing, or using the App, you agree to be bound by all terms and conditions of these Terms.

Article 1: Scope of Application and Parties

1. These Terms shall apply to all relationships between you and the Company regarding your use of the App.

2. In the event that the Company separately establishes individual terms, guidelines, etc., such individual terms and guidelines shall constitute part of these Terms.

3. In the event that the content of these Terms differs from that of individual terms and guidelines, such individual terms and guidelines shall take precedence.

4. You and the Company acknowledge that these Terms are concluded between you and the Company only and not with Apple Inc. (hereinafter referred to as "Apple"), and that the Company, not Apple, is solely responsible for the App and its content, and Apple bears no responsibility whatsoever.

5. These Terms shall not contain any provisions that conflict with the Usage Rules set forth in the Apple Media Services Terms and Conditions as of the Effective Date. You acknowledge that you have had the opportunity to review the Apple Media Services Terms and Conditions.

Article 2: Amendments to Terms

1. The Company may amend these Terms at any time.

2. The amended Terms shall become effective from the time the Company notifies you by a method determined by the Company (such as posting in the App). However, the Company may use a different method in cases where the amendment does not contravene the general interests of users.

3. If you use the App after the amendment of these Terms, you shall be deemed to have agreed to the amended Terms.

Article 3: Definitions

The following terms shall have the following meanings in these Terms:

  • "The App": Refers to the smartphone application "Sip" provided by the Company.
  • "You" or "User": Refers to all persons who use the App.
  • "The Company": Refers to Akira Kawata.
  • "Apple": Refers to Apple Inc. and its subsidiaries.
  • "Content": Refers to all information, text, images, programs, and other data provided through the App.
  • "License": Refers to a non-exclusive and non-transferable right to use the App.

Article 4: Use of the App

1. You may use the App in accordance with the provisions of these Terms.

2. The App is provided for personal use only. You must not use the App for non-personal purposes, including commercial purposes, political activities, or religious activities.

3. You shall prepare communication devices, communication lines, software, etc. necessary for using the App at your own expense and responsibility.

4. You shall comply with the terms of use of websites, etc., accessed through the App at your own expense and responsibility.

Article 5: Scope of License

1. The license granted to you for the App shall be non-transferable and limited to the right to use the App on Apple-branded products that you own or control, in accordance with the Usage Rules set forth in the Apple Media Services Terms and Conditions.

2. Notwithstanding the preceding paragraph, the App may be accessed and used by other accounts associated with the purchaser (such as Family Sharing or volume purchasing).

3. You must not disassemble, decompile, reverse engineer, or analyze any or all of the App.

4. You must not reproduce, modify, translate, adapt, or create derivative works of any or all of the App.

Article 6: Account

1. You may register an account for using the App.

2. When registering an account, you shall provide true, accurate, and up-to-date information.

3. You are responsible for properly managing your account and password. The Company shall not be responsible for any damages caused by improper management or use of your account or password.

4. You are responsible for all acts performed using your account.

5. If a third party uses your account, the acts of such third party shall be deemed to be your own acts.

6. If you provide false information, violate these Terms, or the Company otherwise determines it necessary, the Company may suspend or delete your account without prior notice.

Article 7: Prohibited Acts

You must not engage in any of the following acts when using the App:

  1. Acts that violate laws and regulations or these Terms
  2. Acts that infringe the intellectual property rights, portrait rights, privacy, reputation, or other rights or interests of the Company, other users, or third parties
  3. Acts that slander, insult, or intimidate the Company, other users, or third parties
  4. Acts that interfere with, interrupt, or obstruct the operation of the App
  5. Acts that place excessive load on the App, the Company's servers, or networks
  6. Acts that send or distribute computer viruses or other harmful programs
  7. Acts that tamper with, delete, or gain unauthorized access to the App or information related to the App
  8. Acts that lend, assign, sell, re-license, distribute, transmit to the public, or publicly release any or all of the App
  9. Acts that impersonate other users or send false information
  10. Any other acts that the Company deems inappropriate

Article 8: Intellectual Property Rights

1. Intellectual property rights (copyright, trademark rights, patent rights, utility model rights, design rights, etc.) related to the App and all content related to the App shall belong to the Company or third parties who have granted permission to use them to the Company.

2. You shall not infringe any intellectual property rights of the Company or third parties related to the App when using the App.

3. These Terms do not grant you any license to use any intellectual property rights of the Company or third parties related to the App.

4. You and the Company acknowledge that if a third party claims infringement of intellectual property rights regarding the App or your ownership or use of the App, the Company, not Apple, shall be solely responsible for investigating, defending, settling, and discharging such intellectual property infringement claims, and Apple shall bear no responsibility whatsoever.

Article 9: Use of Data

1. Information about you collected through the App shall be handled in accordance with the "Privacy Policy" separately established by the Company.

2. You shall understand and agree to the content of the Privacy Policy.

3. Privacy Policy: https://sip-docs.pages.dev/en/privacy/

Article 10: Compliance with Third Party Terms

You shall comply with applicable third-party terms of agreement when using the App.

Article 11: Disclaimer of Warranty and Maintenance

1. The App and all content related to the App are provided on an "AS IS" basis, and the Company makes no warranties whatsoever regarding the following:

  • (1) That the App is suitable for your specific purposes
  • (2) That the App has the functions, performance, etc., that you expect
  • (3) That the App is free from defects or errors
  • (4) That your use of the App will not be interrupted
  • (5) That the information provided through the App is accurate, complete, or current

2. The Company does not warrant the accuracy, completeness, or currency of the information provided through the App.

3. The Company shall be solely responsible for providing maintenance and support services for the App as specified in these Terms or as required by applicable law, except as otherwise provided. You and the Company acknowledge that Apple has no obligation whatsoever to provide any maintenance or support services with respect to the App.

4. The Company shall be responsible for any product warranties (including express or implied warranties) for the App to the extent not effectively disclaimed under applicable law. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty shall be the sole responsibility of the Company.

Article 12: Product Claims

1. You and the Company acknowledge that the Company, not Apple, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of that App. Such claims include, but are not limited to:

  • (1) Product liability claims
  • (2) Any claim that the App fails to conform to any applicable legal or regulatory requirement
  • (3) Claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of HealthKit and HomeKit frameworks

2. These Terms may not limit the Company's liability to you beyond what is permitted by applicable law.

Article 13: Limitation of Liability

1. The Company shall not be liable for any damages (including consequential damages, indirect damages, special damages, and lost profits, but not limited thereto) that you may incur as a result of using the App.

2. Notwithstanding the preceding paragraph, the Company shall not be liable for compensation for damages incurred by you, except in cases where such damages arise from the Company's intentional misconduct or gross negligence.

3. If you receive a claim for damages, etc., from a third party as a result of using the App, you shall resolve such claim at your own expense and responsibility, and shall not cause any damage or disadvantage to the Company.

Article 14: Changes, etc., to the App

1. The Company may change, add, delete, suspend, terminate, etc., any or all of the App without prior notice.

2. The Company shall not be liable for any damages that may be caused to you as a result of the change, addition, deletion, suspension, termination, etc., of the App.

Article 15: Termination of the App

1. You may uninstall the App at any time to terminate your use of the App.

2. In the preceding case, data, etc., remaining in the Company about you shall be disposed of in accordance with a method separately determined by the Company.

3. If you violate these Terms, or if the Company otherwise deems it necessary, the Company may suspend your use of the App.

Article 16: Compliance with Export Regulations

1. You shall represent and warrant the following:

  • (1) That you are not located in a country subject to a U.S. Government embargo
  • (2) That you are not located in a country designated by the U.S. Government as a "terrorist supporting" country
  • (3) That you are not listed on any U.S. Government list of prohibited or restricted parties

Article 17: Apple as Third Party Beneficiary

1. You and the Company acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of these Terms.

2. Upon your acceptance of the terms and conditions of these Terms, Apple shall have the right (and shall be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

Article 18: Governing Law and Jurisdiction

1. The interpretation and application of these Terms shall be governed by the laws of Japan.

2. In the event of a dispute between you and the Company regarding these Terms, the Tokyo District Court shall have exclusive jurisdiction.

Article 19: Severability

In the event that any provision of these Terms, or any part thereof, is deemed invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms shall remain valid and enforceable.

Article 20: Amicable Resolution

For matters not provided for in these Terms, or for which questions arise regarding the interpretation of these Terms, the Company and you shall resolve such matters in good faith through consultation.

Article 21: Contact Us

If you have any questions regarding these Terms, please contact us at the following contact information:

Effective Date: February 15, 2025