Harema

Terms of Use

Article 1 Definitions

  • These Terms of Use (hereinafter referred to as the “Terms”) set out the conditions for using the well-being forecasting app “harema” (hereinafter referred to as the “App”), provided free of charge or for a fee by SEREAL株式会社 (hereinafter referred to as the “Company”). By using the App, you are deemed to have accepted the contents of these Terms.
  • When using the App, you must comply with these Terms.
  • The various notices displayed within the App also form part of these Terms of Use.

Article 2 Agreement for Use

  • When applying to use the App, you must agree to these Terms of Use and register using the method specified by the Company.
  • By applying to use the App through the prescribed procedure, you are deemed to have agreed to these Terms, and an agreement for the provision of the App is concluded between you and the Company.

Article 3 Membership Registration

  • To use the App, you must complete the membership registration prescribed by the Company.
  • If any information you entered when registering changes, you must immediately complete the change procedure specified by the Company. The Company is exempt from liability and bears no responsibility for any disadvantage you suffer as a result of failing to complete that procedure.

Article 4 Accounts

  • You use the App with an account issued and managed by the Company. Membership is registered separately for each account, and you cannot use the App with an account other than the one used for registration.
  • You are responsible for managing your account securely. You agree that, if a third party uses your account to log in to the App or use the Service (including unauthorized use such as impersonation), the Company may regard that login or use as use by a duly authorized member. In such a case, the Company bears no liability for any damage you suffer because the third party obtains or discloses your personal information.
  • You lose your status as a user if the third party managing your external account suspends its use, or if the external account otherwise becomes unusable for reasons not attributable to the Company.
  • The Company bears no liability for any disadvantage you suffer due to circumstances involving the third party managing your external account. You must resolve any dispute or conflict with that third party at your own responsibility and expense, and the Company bears no liability.

Article 5 Disclaimers

harema provides insights into lifestyle and health based on weather conditions and menstrual cycles.

  • The App is not intended for any medical acts, clinical practice or any equivalent acts. Accordingly, no posts, information or other content in the App constitute treatment. You must acknowledge this and use the App at your own responsibility, exercising your own judgment when necessary to seek accurate information, consult a medical institution or take other action. Please be aware that the Company bears no liability for any damage you suffer through using the App.
  • The App supports the management of your well-being, and the Company gives no guarantee regarding your state of health or the possibility of changes in mood, headaches or dryness occurring. Although we strive to keep the App’s content accurate and up to date, we do not guarantee complete accuracy or validity. The Company bears no responsibility if using the App causes you inconvenience or disadvantage.
  • Although the Company strives to enrich the App’s content and ensure the accuracy of the information provided, it gives no guarantee whatsoever regarding the content, storage or other aspects of the information and data provided by the App and the Company.
  • The Company gives no guarantee that the use or content of the App will not cause or induce damage to you, nor any guarantee regarding the results obtained from using the App or the ethical nature, licensing of rights or accuracy of the information itself. Please use it at your own responsibility and judgment.
  • The Company bears no liability for damage you suffer due to suspension or discontinuation of the App, changes to content provided through the App or similar circumstances. This does not apply, however, where it is clear that the damage results from the Company’s intent or gross negligence.
  • The Company bears no liability for transactions between you and third parties, including advertisers, conducted through the App (including participation in promotions). All transactions are conducted at your and the relevant third party’s responsibility.
  • If an agreement necessary for use of the Service between you and a third party other than the Company ends by termination, cancellation or otherwise, these Terms of Use also end automatically on the date of that termination or change. The Company bears no liability for any resulting loss of profits or other losses you suffer.
  • The Company bears no liability for damage arising from delay, modification, suspension, discontinuation or abolition of the App, loss of information or other content provided through the App, or other circumstances related to the App. This does not apply, however, where it is clear that the damage results from the Company’s intent or gross negligence.
  • By giving users notice with a reasonable notice period, the Company may freely modify, add to or abolish the name, operating environment and all or part of the content of the App. It bears no liability for any damage or other harm caused or induced as a result.
  • You must not make any claim or complaint against the Company, third parties associated with the App, Apple or any telecommunications carrier regarding any person’s death, loss of property or injury arising from the provision or interruption of the App or activities performed on the basis of the App, irrespective of their nature or manner. The Company, Apple and the telecommunications carriers bear no liability for compensation.

Article 6 Ownership of Rights Relating to the Information App Provided

  • Except for the right to use the App through the proper procedures, all rights relating to the App, including intellectual property rights, belong to the Company or the third party holding those intellectual property rights.
  • You must not infringe intellectual property rights by republishing, modifying, reproducing, distributing, publicly transmitting or otherwise using the App’s content in such ways.

Article 7 Ending Use of the App

  • To end your use of the App, you must delete the App through your device. Even if someone other than you requests to end your use of the App through your device, the request is deemed to have been made by you.
  • If the agreement between you and your telecommunications carrier ends, your use of the App is also deemed to have ended on the date that agreement ends.

Uninstalling the App alone does not close your account or submit a data-deletion request, and a subscription must be canceled separately. We also treat closing your account as a request to delete the saved records and copies used for analysis that are linked to your account. You do not need to submit a separate inquiry for this request.

Article 8 Handling of User Information

User information is handled in accordance with the Privacy Policy.

Article 9 Purposes of Use and Third-Party Provision of User Information

The purposes for using user information, disclosure to third parties, and handling of deletion requests are governed by the Privacy Policy.

Article 10 Suspension of the App

  • The Company may suspend provision of the App for its own reasons by giving users notice with a reasonable notice period.
  • Part or all of the Service may be interrupted or discontinued without prior notice due to failures in communications equipment or systems, the need for regular or emergency maintenance, natural disasters, civil disturbances, war or other circumstances.
  • If a user fails to pay fees due or otherwise breaches these Terms, the Company may suspend provision of the Service to that user or terminate this agreement without any notice or demand.
  • If the Company suspends provision of the Service or terminates this agreement under the preceding 3 paragraphs, it bears no liability for any resulting damage to users.

Article 11 Amendment or Removal of the Terms of Use

  • The Company may amend, add to or delete these Terms by giving users notice with a reasonable notice period.
  • The amended Terms take effect when the notice period specified in the preceding paragraph expires. If a user continues to use the Service after these Terms have changed, the user is deemed to have agreed to the amended Terms, and the amended Terms of Use apply.

Article 12 Other Provisions

  • You may not transfer or assign any rights or powers you have against the Company to a third party.
  • If litigation relating to these Terms becomes necessary between you and the Company, the Fukuoka District Court or Fukuoka Summary Court is the agreed court of exclusive jurisdiction in the first instance.

SEREAL株式会社

Original source last revised: April 16, 2023

Terms of Use for the Premium Service

Article 1 Definitions

  • The harema premium Terms of Use (hereinafter referred to as the “Terms”) set out the conditions for using harema premium, the paid registration for the well-being forecasting app “harema” (hereinafter referred to as the “App”) provided by SEREAL株式会社 (hereinafter referred to as the “Company”). These Terms apply when using harema premium, so please be sure to read them. By using harema premium in the App, you are deemed to have accepted the contents of these Terms.
  • The Company may amend, add to or delete the harema premium Terms of Use by giving notice in the App with a reasonable notice period.
  • The amended Terms take effect when the notice period specified in the preceding paragraph expires. If a user continues to use the App after these Terms have changed, the user is deemed to have agreed to the amended Terms, and the amended Terms of Use apply.

Article 2 Registration for Use

Users wishing to use harema premium must agree to the Terms of Use and the harema premium Terms of Use and complete the paid registration procedure.

Article 3 Usage Fees

  • The fees for using the App are as separately specified.
  • Fees are payable through the iTunes Store (in-app purchases).
  • For each contract period, harema premium members must pay the Company the fees for using the App specified in the iTunes Store (in-app purchases) (hereinafter referred to as the “Usage Fees”), whether or not they use the App.
  • Usage Fees may vary due to exchange rates.

Article 4 Billing Period

  • A harema premium member must pay the information fee for the contract period specified in the iTunes Store (in-app purchases), starting from the date of registration as a harema premium member through the iTunes Store (in-app purchases) on the information device used by that member.
  • Usage Fees are not calculated on a daily pro rata basis. Even if a member completes the withdrawal procedure before the end of the contract period, the harema premium member must pay the full Usage Fees for that contract period.
  • The Company does not return any Usage Fees paid, for any reason whatsoever.

Article 5 Payment Method

  • When a harema premium member pays Usage Fees through the iTunes Store (in-app purchases), Apple’s “AppStore Terms of Sale”, “AppStore Terms of Use” and “AppStore Terms of Use” apply in addition to these Terms.

Article 6 Termination of Paid Registration

  • Under no circumstances does the Company refund Usage Fees or other amounts already received.
  • To cancel use of harema premium, a harema premium member must complete the cancellation procedure specified by the Company. Use of harema premium is deemed cancelled upon completion of that procedure.
  • Even if a harema premium member completes the cancellation procedure in the middle of a month, the member must pay the full Usage Fees for that month.
  • If a harema premium member falls under any of the items in the preceding paragraph, the member loses the benefit of time and must immediately pay, in a lump sum, all Usage Fees for the App and all other debts owed to the Company that have arisen at that time.
  • If the Company determines that a harema premium member falls under any of the following, it may temporarily suspend harema premium or terminate paid registration without prior notice to that member.
    • If the Company determines that any of the provisions of Article 10 of the Terms of Use applies
    • If the member delays performance of, or refuses to pay, Usage Fees for harema premium or other debts
    • If use of the payment method is suspended
    • If an App member is subject to provisional attachment, a provisional injunction, compulsory execution, measures for tax arrears or similar proceedings; if a petition to commence bankruptcy or civil rehabilitation proceedings is filed in respect of a harema premium member; or if a harema premium member is subject to an order commencing guardianship, curatorship or assistance
    • If the member fails to comply with the Company’s request to remedy a breach of the Terms of Use or the harema premium Terms of Use
    • If the Company suffers damage because a harema premium member falls under any of the items in paragraph 1 of this Article, the Company may claim compensation from that premium member (including anyone whose paid registration has been terminated), regardless of whether paid registration has been terminated.

Article 7 Ownership of Rights

  • All rights relating to the App, including compilation copyright, belong to the Company or the third party holding the copyright. A harema premium member may not republish, copy, store or forward the App’s content or information provided through the App without the Company’s permission.

Article 8 Suspension of harema premium by the Company

  • Where equipment maintenance or unavoidable administrative reasons arise from the Company’s circumstances, or where services are not provided by a telecommunications operator used by the Company, the Company may suspend provision of harema premium by giving notice in the App with a reasonable notice period. The Company bears no liability, for any reason whatsoever, for any disadvantage or damage suffered by a harema premium member or third party due to temporary interruption, suspension or similar events affecting provision of harema premium.

SEREAL株式会社

Original source last revised: August 27, 2023