This Terms of Service (“Terms”) set forth the rights and obligations between NDS.TS Co., Ltd.(“Company”) and user (“User”) of any services or features of the MockRec Location application (“App”), which is provided by the Company. In order to use the App, the User shall fully read and consent to the Terms. 

Article 1 Consent to these Terms

1. The User who wants to use the App may use the App only if in advance such User consents to the use of the App in accordance with the conditions stipulated by the Company. 

2. When the User who wants to use the App downloads the App to a smartphone or other information terminal and completes the consent process to use the App, a contract for the use of App shall be concluded between such User and the Company. 

3. If the User who wants to use of the App is a minor, please use the App with the consent of its parent or other statutory agent. In addition, at the time the minor User starts using the App, the minor User shall be deemed that such User is using the App with the consent of the parent or other statutory agent. 

4. If the User who was a minor at the time of consenting to the App uses the App after reaching the age of majority, such User is deemed to have ratified all juridical acts related to the App. 

Article 2 Grant of License

1. The Company grants the User a limited, non-exclusive, revocable, non-sublicensable and non-transferable license to use the App in accordance with the Terms and the original intended use of the App during the term of the Terms. 

2. As stipulated in the preceding paragraph, the User acquires only the right to use the App based on the Terms and the original intended use of the App, and all intellectual property rights (copyrights (including the rights under Articles 27 and 28 of the Copyright Law) related to the App), patent rights, utility model rights, trademark rights, design rights and other intellectual property rights.) and any other rights belong to the Company or third parties who have granted licenses to the Company. 

Article 3 Revision of the Terms

1. The Company reserves the right to change or abolish all or part of the Terms at its sole discretion at any time without obtaining the User's consent. 

2. When the Company revises terms and conditions of the Terms, the Company shall post on the website operated by the Company or notify the User of such content by the method prescribed by the Company, and the revised terms and conditions of the Terms shall take effect from such time. 

3. The User’s continued use of the App after the effective date of the revised Terms shall be deemed the User’s contract for the use of the App to be bound by such revision.

Article 4 Prohibitions

The User is prohibited from doing acts listed below: 

- To infringe the intellectual property rights including copy right and other rights of the Company or a third party 

- To do an act of threatening or causing disadvantage or damage to the Company or a third party 

- To do an act which unfairly discriminates, slanders, or insults others, encourages unfair discrimination against others, or damages their reputation or credibility 

- To attempt to access the App using a method other than the interface provided by the Company. 

- To analyze The App such as reverse engineering, decompilation, or disassembling. 

- To do an act which violates the Terms or various laws and regulations, or an act that is likely to do so 

- To do an act which is (or would be) contrary to public order or morality. 

- To use The App for any illegal purpose. 

- To develop computer viruses or other harmful programs for the App. 

- And to do any act which the Company judges as inappropriate. 

Article 5 Non-warranty and Disclaimer

1. The Company shall not warrant that the App is compatible with all smartphones and other information terminals. In addition, the Company shall not warrant that the User's usage environment for the App is compatible with the use of the App. 

2. The Company shall not warrant that the App will meet the User's specific purpose, that the App will have the expected functions and usefulness, or that the User's use of the App will not violate relevant laws and regulations. 

3. The Company shall not warrant that any problems with the operation of the App due to OS upgrades, etc. of smartphones and other information terminals used in the App will be resolved by modifying the program. The Company shall not warrant that the User has the right to receive upgrades for improving the functionality, security, quality, etc. of the App. In addition, the Company shall not warrant that the User has the right to receive technical support, maintenance, or any other services for the App. 

4. The Company shall not warrant that the App does not infringe on the intellectual property rights of third parties, whether express or implied. 

5. The Company shall not be liable for any damages caused by the preceding paragraphs or any damage caused to the user by using the App. In addition, the Company shall not be liable for any damage caused by changes in the contents, non-response to defects, suspension or termination of the App to the User. The same shall apply even if the Company has been notified in advance of the possibility of such damage. 

6. The provision of the preceding paragraph shall not apply in cases where there is intentional or gross negligence on the part of the Company, or where the User falls under the category of consumer under the Consumer Contract Act. In this case, the Company shall be liable for part of the damages caused to the User who is the consumer under the Consumer Contract Act due to the Company's negligence, provided, however, that the Company shall be liable only for damages limited to the direct and normal damage incurred by the User and shall not be liable for any damages arising from special circumstances. 

7. Even if the Company shall be liable for damages to the User regarding the use of the App, the liability of the Company shall be limited to the amount of fee paid by the user. 

8. In the event that a third party makes a claim for damages to the Company due to the actions of the User, the User shall settle such problem at its own expense (attorney's fees) and responsibility. If the User causes damage to the Company in connection with the User’s use of the App, the User shall indemnify such damages (including lost profits and attorney’ fees) to the Company. 

9. If a dispute arises between the User and another User or a third party, and/or if the User causes damage to the other User or the third party, the User shall resolve the dispute and indemnify the other User or the third party against the damage at its own expense and responsibility, and the User shall not cause any inconvenience or damage to the Company. 

10. The User acknowledges in advance that the use of all or part of the App may be restricted due to changes in the Google Play Terms of Service and Operation Policy. 

Article 6 Posting advertisements

The User shall be deemed to have understood and consented to the fact that the use of the App may contain all kinds of advertisements and that the Company or its business partners may post all kinds of advertisements. The form and scope of advertising in such case may be changed by the Company from time to time. 

Article 7 Contact to the Company

Any contact or inquiry from the User to the Company regarding the Terms and the App shall be sent from the inquiry form on the website operated by the Company, or by a method separately designated by the Company. 

Article 8 Non-assignment

1. The User shall not assign all or part of its contractual status under the Terms and rights or obligations under the Terms to a third party without the Company's prior written consent. This "assignment" includes a comprehensive succession of merger, company split, etc., and the same apply to the "assignment" specified in Paragraph 2. 

2. The Company may assign all or part of its contractual status under the Terms and rights and obligations under the Terms to a third party at its sole discretion at any time. In such case, the User shall be deemed to have agreed to such assignment in advance.  

Article 9 Severability

Even if any provision or part of the Terms is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions and parts of the Terms are invalid or unenforceable. The remainder of the provisions so determined shall continue in full force and effect. 

Article 10 Governing Law and Jurisdiction

1. The Terms and the use of the App shall be governed by and construed in accordance with the laws of Japan. 

2. Any dispute arising out of or in connection with　the Terms and the use of the App shall be subject to the jurisdiction of Tokyo District Court or Tokyo District Summary Court of first instance.  

Article 11 Language

The Terms is made in Japanese and translated into English. The Japanese text is the original and the English text is solely for reference purposes only. If there is any conflict or inconsistency between these two texts, the Japanese text shall prevail. 

The date of enforcement: April 7th, 2023