ALPHA SWITCH PRO End User License Agreement (EULA) (iOS)This ALPHA SWITCH PRO End User License Agreement (“EULA”) is a binding contract between MEDIASEEK, inc. (“MEDIASEEK”) and you (“You”) regarding Your usage of “APP”. You shall understand well and agree to EULA before using APP.
“APP” is used for “Training Service” provided by MEDIASEEK to “Account Administrator”.
1.1 These specific words shall mean as written below in EULA.
APP: Application software “ALPHA SWITCH PRO” provided by MEDIASEEK.
Training Service: brain science applied training service provided by MEDIASEEK to Account Administrator.
Account Administrator: enterprise, educational organization or other entity to which MEDIASEEK provides Training Service.
Device: smartphone, tablet or other electronic device in which APP is installed.
Headset: certain model (designated by MEDIASEEK) of EEG (ElectroEncephaloGraph) equipment needed for using APP.
Usage Record: information on You, usage record of Your using APP and information on the result of training (including brain wave data) acquired upon Your usage of APP.
Consumer App: Application software “ALPHA SWITCH” for personal user who want to exercise brain science applied training at their own expense.
2. Formation of Contract, User Account
2.1 When You start using APP in any form, it is deemed that You use APP agreeing to EULA.
2.2 Account Administrator registrate Your user account for using APP. On consent between You and Account Administrator, You may use your personal account registered by You upon Your usage of Consumer App (“Former Account”) also for the user account upon using APP. In this case, the information regarding Former Account will be included in Usage Record.
3. Usage of APP
3.1 MEDIASEEK provides Training Service to Account Administrator, and You train using APP on consent between Account Administrator and You.
3.2 You shall keep ID and password regarding such user account carefully so as not to be known by third person. Usage of APP through such ID and password shall be deemed as Your usage of APP.
3.3 You should acknowledge that APP and Training Service are not for healing or diagnosis, and that APP and Headset are not medical devices. You should not use APP for medical purposes including heal and diagnosis of illness.
3.4 MEDISEEK shall not advice You as an expert of medical practice or other medical-related practice. You should use APP with Your own risk and responsibility.
3.5 Using APP will require packet communication. The fee for such packet communication should be borne by You.
3.6 APP may be occasionally version-up with discretion of MEDIASEEK. You should download and install such version-up APP quickly after such version-up.
4.1 You should prepare Headset upon usage of APP with Your own cost and responsibility, or Headset may be offered by Account Administrator.
4.2 You should use Headset according to directions, end user license agreement (between You and Headset maker) or other documents provided and set by Headset maker.
4.3 You or Account Administrator should maintain Headset with their own cost and responsibility.
4.4 Guarantee on Headset may be provided by Headset maker and MEDIASEEK shall make no guarantee on Headset.
5.1 You should guarantee that You duly have rights which are needed to use APP.
5.2 If You are legally infant, below are applied.
(i) You should guarantee that You have parental consent on using APP.
(ii) When You use APP, it is deemed that You have parental consent.
6.1 You should refrain from those below;
(i) use APP for the purpose other than Training Service,
(ii) resell Service or collect any fee, in whatever name, from the third person regarding the usage of Service.
(iii) assign, rent or pawn the status of You in EULA.
(iv) disclose information on Your user account to third person or make third person to use Your user account.
(v) any other acts which MEDIASEEK or Account Administrator designates as inappropriate and inform You on them.
6.2 MEDIASEEK or Account Administrator may stop or halt providing a whole or a part of APP/user account when You did one of acts as set in clause 6.1 above or when Your continuous usage of APP is deemed, by MEDIASEEK or Account Administrator, inappropriate.
6.3 MEDIASEEK or Account Administrator will not indemnify or recompense for Your loss or damage accrued from such stop or halt.
7. LIMITAITON OF LIABILITY, WARRANT DISCLAIMER
7.1 YOU SHOULD ACKNOWLEDGE AND AGREE TO THOSE (i) ~ (ix) BELOW. MEDIASEEK WILL BEAR NO RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU INCURRED FROM SUCH (i) ~ (ix).
(i) APP AND TRAINING SERVICE IS NOT SUITABLE FOR THE PURPOSE OF HEALING OR DIAGNOSIS, AND YOU SHOULD NOT USE SERVICE FOR SUCH PURPOSES.
(ii) EFFECT OF SELF-TRAINING WILL BE DIFFERENT WITH EACH PERSON. MEDIASEEK DOES NOT GUARANTEE THAT SELF-TRAINING THROUGH SERVICE BRINGS YOU THE EFFECT OF SOME ABILITY IMPROVEMENT.
(iii) INFORMATION DISCLOSED AND PROVIDED TO YOU (INCLUDING USAGE RECORD) MAY NOT BE ACCURATE OR PERFECT, MAY BE FALSE AND MAY INCLUDE ERROR.
(iv) APP MAY FUNCTION INCORRECTLY.
(v) HEADSET MAY FUNCTION INCORRECTLY.
(vi) PERSON-TO-PERSON VARIABILITY AND OTHER ELEMENTS MAY CAUSE FAULT OF DETECTING BRAIN WAVE, EVEN WHEN HEADSET FUNCTIONS CORRECTLY.
(vii) YOU MAY NOT TEMPORARILY USE APP FOR SYSTEM MAINTENANCE OR OTHER REASONS.
(viii) ERRORS, DEFECTS OR FAILURES IN COMMUNICATION ENVIRONMENT MAY CAUSE TENPORARY UNAVAILABILITY OF APP OR MAY CAUSE SOME MALFUNCTIONS.
(ix) USAGE RECORD MAY BE LOST.
7.2 WHEN CLAUSE 8.1 (iv) ABOVE IS APPLICABLE, MEDIASEEK WILL MAKE EFFORT FOR QUICK REPAIR OF APP. MEDIASEEK SHALL MAKE NO GUARANTEE ON QUICK REPAIR OF APP.
7.3 WHEN CLAUSE 8.1 (vii) ABOVE IS APPPLICABLE, MEDIASEEK WILL MAKE EFFORT FOR QUICK RECOVERY OF APP. MEDIASEEK SHALL MAKE NO GUARANTEE ON QUICK RECOVERY OF APP.
7.4 MEDIAEEEK SHALL HAVE NO LIABILITY FOR YOUR ANY AND ALL DAMAGE ACCRUED FROM YOUR USAGE OF SERVICE, OTHERWISE WHEN MEDIASSEEK HAS WILLFUL INTENSION OR GROSS NEGLIGENCE. IN NO CASE LIABILITY OF MEDIASEEK TO YOU REGARDING APP AND TRAINING SERVICE SHALL EXCEED 500 HUNDRED JAPANESE YEN.
7.5 NOTWITHSTANDING THE FOREGOING, REGARDING DEFAULT, DAMAGES AND LIABILITY IN EULA STIPULATING THE FULL DISCRIMINATION OF MEDIASEEK SHALL NOT BE APPLIED PROVIDED THAT THIS EULA IS DEEMED AS "CONSUMER CONTRACT" DESIGNATED IN JAPANESE CONSUMER CONTRACT ACT (ACT NO. 61 of 2000) ART. 2, PARA. 3. IN RELATION BETWEEN YOU AND MEDIASEEK. IN THIS CASE, MEDIASEEK SHALL BE RESPONSIBLE ONLY FOR DIRECT AND ORDINAL DAMAGES DIRECTORY RESULTING FROM THE CAUSE IMPUTABLE TO MEDIASEEK AND ACTUALLY INCURRED TO AND SUFFERED BY YOU, ONLY WHEN MEDIASEEK MADE WILLFUL FAILURE OR GROSS NEGLIGENCE.
8. Posting functions
8.1 Social networking function including Chat or bulletin board function may be provided in Service. When You post contents (“Posted Contents”), You should refrain from doing those (i) ~ (v) below.
(i) post personally identifiable information (including phone number, address and mail address).
(ii) impersonate others.
(iii) use Service for the purpose of dating or matchmaking with existing person.
(iv) post information which may trouble others.
(v) post for commercial purpose.
9. Attribution of rights
9.1 All rights regarding APP and Training Service shall vest to MEDIASEEK.
9.2 All rights regarding Usage Record and Posted Contents shall vest to MEDIASEEK.
9.3 Intellectual property rights including Copyright, of Posted Contents shall vest to MEDIASEEK and You should not exercise author’s moral rights on such Posted Contents.
10. Usage Record, Personal Information
10.1 MEDIASEEK use Usage Record for the purpose of providing Training Service.
10.2 Usage Record will be disclosed to Account Administrator.
10.3 MEDIASEEK may use Usage Record, which is in form of personally unidentifiable, for development or provision of other MEDIASEEK goods and services or may disclose to others including Headset maker.
10.4 APP works with Firebase; development and operation platform provided by Google. You should acknowledge and agree to (i) ~ (ii) below.
(i) Usage Record is kept in Google server.
(ii) Google may use Usage Record in a form of personally unidentifiable.
11. Resolve and determinate EULA
11.1 When one of those (i) ~ (x) below is applicable to You, MEDIASEEK may stop performing a part or all of its duty ascribed in EULA or may resolve EULA without any demand or other legal process. In this case MEDIASEEK may claim for compensation to You.
(i) when you breach one of your duties as set in clause 3.
(ii) when You give fallacious information to MEDIASEEK or Account Administrator, or when You are out of contact for and more than 10 days continuously.
(iii) when You breach EULA or other contract between You and MEDIASEEK and You would not rectify such breach upon MEDIASEEK’s demand.
(iv) when Account Administrator cease to provide user account to You.
(v) when provision of Training Service to Account Administrator is terminated.
(vi) when it is deemed, by MEDIASEEK, that the continuance of EULA is not appropriate.
11.2 When You are dead, EULA expires. All rights and duties to MEDIASEEK You have shall vest solely to You and will not be inherited.
11.3 MEDIASEEK may cease to provide APP and Training Service when it becomes difficult to continuously provide APP and Training Service for some reason including end of Headset sales or specification change of Headset, when it is likely to become difficult, or when it is deemed, by MEDIASEEK, that continuous provision of APP and Training Service is difficult.
11.4 In some case, You may take over your user account for Your personal use of Consumer App upon the termination of Training Service.
12. Governing Law and Jurisdiction
12.1 The formation, validity, construction, and performance of EULA shall governed by and construed in accordance with the laws of Japan.
12.2 Depending on jurisdictional amount, Tokyo District Court or Tokyo Summary Court shall have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with EULA and usage of APP.
13.1 MEDIASEEK may alter and change any part of EULA when it is deemed necessary by MEDIASEEK (MEDIASEEK will disclose the new-altered EULA quickly in a manner set by MEDIASEEK). When You keep using APP after such disclosure, You are deemed as You agree to such new-altered EULA.
Revised on October 27, 2020