ALPHA SWITCH End User License Agreement (EULA) (iOS)
This ALPHA SWITCH End User License Agreement (“EULA”) is a binding contract between MEDIASEEK, inc. (“MEDIASEEK”) and you (“You”) regarding Your usage of “ALPHA SWITCH”, brain science applied training service (the “Service”) provided by MEDIASEEK. You shall understand well and agree to EULA before using Service.
1.1 These specific words shall mean as written below in EULA.
APP: Application software for “Device” needed for using Service. You use “APP” when you use 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 Service.
Usage Record: information on You, usage record of Your using Service and information on the result of training (including brain wave data) acquired upon Your usage of Service.
Paid Service: a part of “Service” which is provided for value.
2. Formation of Contract, Registration of User Account
2.1 When You start using Service in any form, it is deemed that You use Service agreeing to EULA.
2.2 You may make registration of Your user account. You can use Paid Service after registration of user account.
3. Provision and Usage of Service
3.1 MEDIASEEK provides Service to You. Further information on Service is provided to You separately. MEDIASEEK may change details of Service in MEDIASEEK’s own discretion.
3.2 When You make registration of Your user account, You shall keep ID and password regarding such user account carefully so as not to be known by third person. Usage of Service through such ID and password shall be deemed as Your usage of Service.
3.3 You should acknowledge that Service is not for healing or diagnosis, and that APP and Headset are not medical devices. You should not use Service 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 exercise self-training with Your own risk and responsibility.
3.5 Self-training with APPP 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 Service with Your own cost and responsibility.
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 should maintain Headset with Your own cost and responsibility.
4.4 Guarantee on Headset may be provided by Headset maker and MEDIASEEK shall make no guarantee on Headset.
5. Monthly Fee
5.1 When You use Paid Service, You should pay monthly fee set by MEDIASEEK for consideration of using such Paid Service.
5.2 You should pay Monthly fee through In-App Purchase.
6.1 You should guarantee that You duly have rights which are needed to use Service.
6.2 Upon registration of user account, You should put in information on You accurately and completely. You should correct such information immediately when it is changed.
6.3 If You are legally infant, below are applied.
(i) You should guarantee that You have parental consent on using Service.
(ii) When You use Service, it is deemed that You have parental consent.
7.1 You should refrain from those below;
(i) use Service for the purpose other than Your self-training,
(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 designates as inappropriate and inform You on them.
7.2 MEDIASEEK may stop or halt providing a whole or a part of Service when You did one of acts as set in clause 7.1 above or when Your continuous usage of Service is deemed, by MEDIASEEK, inappropriate. Monthly fee for Paid Service will be charged with no regard to such stop or halt.
7.3 MEDIASEEK will not indemnify or recompense for Your loss or damage accrued from such Service stop or halt.
8. LIMITAITON OF LIABILITY, WARRANT DISCLAIMER
8.1 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) 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 THROUGH SERVICE (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) MEDIAEEK MAY TEMPORARILY STOP OR HALT PROVIDING SERVICE FOR SYSTEM MAINTENANCE OR OTHER REASONS.
(viii) ERRORS, DEFECTS OR FAILURES IN COMMUNICATION ENVIRONMENT MAY CAUSE TENPORARY UNAVAILABILITY OF SERVICE OR MAY CAUSE SOME MALFUNCTIONs.
(ix) USAGE RECORD MAY BE LOST.
8.2 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.
8.3 WHEN CLAUSE 8.1 (vii) ABOVE IS APPPLICABLE, MEDIASEEK WILL MAKE EFFORT FOR QUICK RECOVERY OF SERVICE. MEDIASEEK SHALL MAKE NO GUARANTEE ON QUICK RECOVERY OF SERVICE.
8.4 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 SERVICE SHALL EXCEED 500 HUNDRED JAPANESE YEN.
8.5 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.
9. Posting functions
9.1 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.
10. Attribution of rights
10.1 All rights regarding Service and APP shall vest to MEDIASEEK.
10.2 All rights regarding Usage Record and Posted Contents shall vest to MEDIASEEK.
10.3 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.
11. Usage Record, Personal Information
11.1 MEDIASEEK use Usage Record for the purpose of providing Service.
11.2 MEDIASEEK may use Usage Record, which is in form of personally unidentifiable, for development or provision of other MEDIASEEK service or may disclose to others including Headset maker.
11.3 Service is provided using 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.
12. Resolve and determinate EULA
12.1 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 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 attachment, provisional attachment, provisional disposition, compulsory or auction is applied in relevant to You, or You are tax delinquent and receive demand from governmental authority.
(v) when commencement of bankruptcy proceedings is applied in relevant to You.
(vi) when You impair any service or business provided or maintained by MEDIASEEK, or it is deemed that You are likely to do so by MEDIASEEK.
(vii) when it is deemed, by MEDIAEEK, that Your continuous usage of Service is likely to impair benefit or credence of MEDIASEEK or Headset maker, including when You breach applicable laws and regulations (whether it is reported or not)
(viii) when You impair MEDIASEEK, services provided by MEDIASEEK or credence of affiliate companies of MEDIASEEK, or it is deemed that You are likely to do so by MEDIASEEK.
(ix) when MEDIASEEK cannot confirm Your identity or ascertain your existence.
(x) when it is deemed, by MEDIASEEK, that the continuance of EULA is not appropriate.
12.2 When You are dead, you are deemed to withdraw from membership as a user of Service. All rights and duties to MEDIASEEK You have had in life shall vest solely to You and shall not be inherited.
12.3 MEDIASEEK may cease to provide Service when it becomes difficult to continuously provide 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 Service is difficult.
13. Governing Law and Jurisdiction
13.1 The formation, validity, construction, and performance of EULA shall governed by and construed in accordance with the laws of Japan.
13.2 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.
14.1 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 Service after such disclosure, You are deemed as You agree to such new-altered EULA.
Revised on June 23, 2020