These Terms of Service (hereinafter referred to as "the Terms") define the conditions of use for the smartphone application "Progressia" (hereinafter referred to as "the App") provided by the Progressia operator (hereinafter referred to as "we" or "us"). Users (hereinafter referred to as "Users") are required to use the App in accordance with these Terms.
By downloading, installing, or using the App, Users are deemed to have agreed to these Terms.
Article 0 (Acknowledgement)
You and the End-User acknowledge that this End-User License Agreement (hereinafter referred to as "the EULA") is concluded between You (the developer) and the End-User only, and not with Apple, and that You, not Apple, are solely responsible for the Licensed Application and the content thereof. The EULA may not provide for usage rules for Licensed Applications that are in conflict with the Apple Media Services Terms and Conditions as of the Effective Date (which You acknowledge You have had the opportunity to review).
Article 1 (Application)
- These Terms shall apply to all relationships between Users and us regarding the use of the App.
- We may establish various rules such as rules for using the App in addition to these Terms (hereinafter referred to as "Individual Provisions"). These Individual Provisions shall constitute part of these Terms regardless of their names.
Article 2 (License)
- We grant Users a non-transferable and non-exclusive right to use the App only for personal and non-commercial purposes in accordance with the provisions of these Terms.
- The license granted to the End-User for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
- All intellectual property rights including copyright of the App belong to us or a third party with legitimate rights. Users are granted only the right to use, and ownership is not transferred.
Article 3 (Account Management)
- The App may perform authentication using Users' device information. Users are responsible for properly managing their own devices.
- We shall not be liable for any damages caused by third parties using the App due to loss or theft of devices.
Article 4 (Prohibited Acts)
Users must not engage in the following acts when using the App.
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Acts that violate laws or public order and morals
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Acts related to criminal activities
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Acts that destroy or interfere with the functions of our servers or networks
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Analytical acts such as reverse engineering, decompilation, or disassembly of the App
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Acts that input or attempt to generate illegal, violent, sexual, or discriminatory text in the AI chat feature
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Other acts that we determine to be inappropriate
Article 5 (Special Provisions Regarding AI Features)
- The App includes AI (artificial intelligence) chat features using OpenAI API, etc.
- We do not guarantee the accuracy, completeness, or usefulness of answers generated by AI. AI may generate incorrect information.
- Users must not use AI answers as professional advice in fields such as medicine, law, or finance. Please always consult experts for important decisions.
Article 6 (Disclaimer)
- The App is provided "as is." We do not expressly or impliedly warrant that the App is free from factual or legal defects (defects regarding safety, reliability, accuracy, completeness, validity, suitability for specific purposes, security, etc., including errors and bugs, rights infringement, etc.).
- We shall not be liable for any damages caused to Users due to the App, except in cases of our intentional or gross negligence.
- Even if we are liable, our liability shall be limited to direct and ordinary damages incurred by Users, and we shall not be liable for indirect damages, special damages, lost profits, etc., regardless of foreseeability.
Article 7a (Maintenance and Support)
You must be solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this EULA, or as required under applicable law.
You and the End-User must acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
Article 7b (Warranty)
- You must be solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.
- In the event of any failure of the Licensed Application to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Licensed Application to that End-User.
- To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.
Article 7c (Product Claims)
- You and the End-User must acknowledge that You, not Apple, are responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User's possession and/or use of that Licensed Application.
- This includes, but is not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
- Note: The Licensed Application does not use HealthKit, HomeKit, PassKit, StoreKit, In-App Purchase, Apple Pay, Wallet, CarPlay, ARKit, RealityKit, Apple Music, or Podcasts. Therefore, no claims arise under this section from their use.
Article 7d (Intellectual Property Rights)
You and the End-User must acknowledge that, in the event of any third party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes that third party's intellectual property rights, You, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Article 7e (Legal Compliance)
- The End-User must represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
Article 8 (Developer Name and Address)
For inquiries regarding these Terms or any claims related to the Licensed Application, please contact the developer at the information below.
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Developer Name: Akira Kawata
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Address: 960-2 Nishihirai, Nagareyama-shi, Chiba-ken 270-0156, Japan
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E-mail: eerf0309+progressia@gmail.com
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Phone: +81 70 9009 0565
Article 9 (Governing Law and Jurisdiction)
- Japanese law shall be the governing law for interpreting these Terms.
- If a dispute arises regarding the App, the Tokyo District Court shall be the exclusive agreed court of first instance.
Article 10 (Third Party Terms of Agreement)
The End-User must comply with applicable third party terms of agreement when using the Licensed Application.
- For example, if You have a VoIP application, then the End-User must not be in violation of their wireless data service agreement when using Your Application.
Article 11 (Third Party Beneficiary)
You and the End-User must acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this EULA, and that, upon the End-User's acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against the End-User as a third party beneficiary thereof.
Article 12 (Contact)
For inquiries regarding these Terms, please contact us at the following address.
eerf0309+progressia@gmail.com