These Terms of Use (hereinafter referred to as the “Terms”) are provided by Jaws Corporation Co., Ltd. (hereinafter referred to as the “Company”) to the Contractor, etc. (as defined in Article 2 (Definition of Terms)). (hereinafter referred to as the “Service”) on our website under the name “OHDr. Medical Comprehensive Support Service.” If the name or content of the service is changed for any reason, this includes the service after the change.).
Terminology | MEANING OF TERMS |
---|---|
Individual member | individual who has concluded a usage contract with the Company based on Article 5 (Application and establishment of usage contract) in order to use this service |
Corporate members | corporations that have concluded a usage contract with the Company based on Article 5 (Application and establishment of usage contract) in order to use this service themselves or to have a corporate person use this service |
Corporate personnel | individuals who have been granted this account as defined in Article 4 (Contents of the Service), Paragraph 2 from a corporate member |
Contractor, etc. | contractor or corporate person |
Usage contract | agreement between our company and the contractor based on Article 5 (Application and establishment of usage contract) |
Collaborative medical institutions | hospitals and clinics to which we introduce users and share user information through this service, and pharmacies that dispense medicines |
Medical treatment | examination, diagnosis, and other medical actions performed by the affiliated medical institution using this service based on the medical treatment contract between the affiliated medical institution and the user |
Medical Consultation | During the time slot that the user makes a reservation in advance on our website, medical staff including doctors who are registered as medical consultation providers in our company will provide online medical consultation, online consultation recommendation, or telehealth medical consultation ( (meaning those prescribed by online medical treatment guidelines) or services that provide online medication guidance |
User applicant | person who wishes to use this service |
Medical fees, etc. | including co-payments for health insurance, etc. (defined in Article 74, Paragraph 1 of the Health Insurance Act; the same shall apply hereinafter), reservation fees, test fees, medical certificate fees, and other medical treatment expenses incurred in connection with |
Online medical treatment guidelines | “Guidelines for the appropriate implementation of online medical treatment” published by the Ministry of Health, Labor and Welfare (partially revised edition in March 2020) |
Posted Materials | texts, illustrations, images, videos, etc. posted by the Company or the Contractor, etc. on the Service (including cases where it is made public to an unspecified number of people or a specific person, or cases where it is made private)) content |
Transmission information | information related to posted materials posted on this service by subscribers, etc. and other information related to subscribers, etc. (including information automatically generated on this service based on this and processing results) |
1. The Contractor shall allow a third party to use, assign, lend, transfer, inherit, or pledge, etc., the status or rights and obligations under the usage contract, or any or all of the rights and obligations based on these terms and conditions, to a third party. You may not create a security interest in or otherwise dispose of.
2. If the Company transfers the business related to this service to another company, the Company will transfer the status or rights and obligations under the usage contract or the rights and obligations based on these Terms to the transferee of the business in conjunction with the transfer of the business. The Contractor shall agree in advance to the transfer of the business in this section.
Copyrights, patent rights, trademark rights, designs, know-how, and other intellectual property rights (hereinafter collectively referred to as “Intellectual Property Rights, etc.”) pertaining to the Service and materials, etc. created in conjunction with the Service (including the Submissions created by the Company) are the property of the company. However, the ownership of copyright for Submitted Materials created by Contractors, etc. is stipulated in Article 16 (Handling of Submitted Materials), Paragraph 3.
1. The Contractor shall be obligated to pay fees (hereinafter referred to as “Usage Fees”) determined for each category of “Corporate Member,” “Individual Member (Monthly),” or “Individual Member (Spot)” on our website (XX specified URL). in accordance with the terms and conditions of this article and the following article.
2. Corporate members and individual members (monthly) shall pay the usage fee to the Company each month according to the payment method specified in the next article during the period of use of the Service from the date the usage contract is established with the Company. In addition, even if the date on which the usage contract was established in the middle of a month, or even if the usage period of this service ends in the middle of a month, the member shall be obligated to pay the Usage Fees for the month that includes the date of the start or end of the relevant usage period.
3. Each time an individual member (spot) receives this service, he/she shall pay the usage fee to the company according to the payment method specified in the next article.
4. The Usage Fees already paid by the Contractor shall not be refunded for any reason, except in the case where the Usage Agreement is canceled pursuant to Article 21, Paragraph 1, or where the Company does not provide the Service due to gross negligence or intentional act.
If the subscriber is late in paying the Usage Fees and other obligations to the Company (hereinafter referred to as “Usage Fees, etc.”), the Contractor shall be charged in addition to the overdue obligations, a late payment penalty at the rate of 14.6% per annum (calculated on a daily basis over 365 days per year).
Contractors, etc. shall not engage in any of the acts listed below when using this service.
(1) Violating the intellectual property rights, etc. of our company, other contractors, etc., affiliated medical institutions, their employees or staff, or other third parties (hereinafter referred to as “our company, etc.”) Acts or acts that may infringe
(2) Acts that infringe, or have the potential to infringe, on property or privacy owned by the Company, etc.
(3) Acts that slander or slander the Company, etc., such as by using abusive language, or acts that may have the risk of doing so.
(4) Acts that damage the honor or credibility of our company, etc., or acts that encourage these acts, or acts that have the risk of doing so.
(5) Acts that give a feeling of disgust to the Company, etc., or acts that have the risk of doing so.
(6) Acts that discriminate against the Company, etc. based on ethnicity, race, creed, gender, social status, family origin, etc., or acts that lead to such discrimination, or acts that have the risk of such discrimination.
(7) Acts of harassing the Company, etc. in any way, including stalking, or acts that have the risk of doing so.
(8) Acts that cause economic damage or psychological damage to the Company, etc., or acts that have the risk of doing so.
(9) Acts that violate laws and regulations, the internal rules of the industry organization to which our company belongs, these Terms of Use, user agreements, or public order and morals, or acts that provide information that violates these to other users or third parties, or that may be likely to do so.
(10) Expressions of violence, solicitation for illegal activities, or acts that may pose such a risk.
(11) Criminal acts, acts that lead to criminal acts, or acts that have a risk of such acts. Anti-social forces, etc. (meaning organized crime groups, organized crime group members, right-wing groups, anti-social forces, and other similar persons; the same shall apply hereinafter), etc., who cooperate or participate in the maintenance, operation, or management of anti-social forces, etc. Any act of interaction or involvement with, etc.
(12) Acts of providing information that is or may be contrary to the facts to the Company, etc., or acts that may have such a possibility.
(13) Election campaigning against the Company, etc., or similar acts, obscene acts, or religious acts.
(14) Acts of fraudulently using email addresses, SNS accounts, or passwords by means of spoofing.
(15) Acts of impersonating another person to use the Service (acts of pretending to be someone other than oneself, claiming to be a representative or agent of an organization such as a company without having the right of representation or agency, or acting as a person other than oneself) (Includes acts such as pretending to be affiliated or cooperative with an organization.) Acts of allowing others to use this service
(16) Acts of illegally using this account to log in, or acts that violate the Unauthorized Access Prevention Act.
(17) Acts that fall under publicity, sales, solicitation, or advertising for our company, etc., or acts that may have such a risk.
(18) Acts of establishing or soliciting endless chain schemes (pyramid schemes) against our company, etc.
(19) Acts that claim the efficacy of health foods and health equipment to our company, etc., in violation of the Act on Ensuring the Quality, Effectiveness, and Safety of Pharmaceuticals, Medical Devices, etc.
(20) Acts of disseminating information that can lead to the identification of individuals, such as the names of specific individuals of our company, facility names, etc.
(21) Acts that interfere with the operation and maintenance of this service
(22) Acts that place an excessive burden on the network or system of this service.
(23) Acts of unauthorized access to the network of this service
(24) Acts of using posted materials in violation of Article 16 (Handling of posted materials)
(25) Acts of using this service for commercial purposes
(26) Other acts that violate or may violate laws and regulations.
(27) Other acts that our company deems inappropriate.
1. In this article, our company stipulates the handling of personal information obtained through this service.
2. Our company may obtain the following information about users.
(1) Information about the person (name, address, postal code, date of birth, telephone number, email address, information on public certificates such as driver’s license, resident card, insurance card, passport, My Number card, etc.)
(2) Personal medical information (vital data such as body temperature, blood pressure, and blood sugar levels, past medical history, medications being taken, surgical history, allergies, lifestyle habits such as alcohol consumption, pregnancy status, name of medical institution used, and department of treatment) , consultation date, insurance card information, questionnaire response information, name of dispensing pharmacy used, prescription image (including drug name, dispensing date, dosage form, dosage, and usage), medication information, questionnaire response information, medicine Notebook information, etc.)
(3) Information regarding payments (information regarding financial institution accounts, information regarding payments and their methods, etc.)
(4) Other information (information entered directly by users into input forms established by our company, information regarding inquiries and communications from users to our company, etc.)
3. Our company will use the acquired personal information to the extent necessary for the following purposes.
(1) To provide this service to subscribers, etc.
(2) For billing and payment of usage fees
(3) To confirm the identity of the contractor, etc.
(4) To respond to inquiries from contractors, etc.
(5) To provide after-sales service in this service.
(6) To provide information regarding this service (sending telephone calls, e-mails, and mailing catalogs and flyers)
(7) For questionnaire surveys/analysis and marketing research/analysis
(8) For displaying advertisements within the scope of related laws and regulations.
(9) To improve this service
(10) To prevent unauthorized use of this service
(11) For credit judgment and debt collection of policyholders, etc.
(12) To perform administrative work related to transactions with contractors, etc.
(13) To make necessary communications to contractors, etc.
(14) To confirm the completion status of reservations, medical examinations, medication guidance, etc. of policyholders, etc., and to contact them as necessary.
(15) In order for our company to ensure the appropriate use of this service by affiliated medical institutions (including the calculation of service usage fees, limited to confirmation of the contents of medical treatment and medication guidance, etc.) to the extent necessary.
(16) For use incidental to the above purpose of use
(17) For other purposes specified in these Terms and Conditions.
4. Users agree in advance to the Company’s acquisition of sensitive personal information such as vital data of users through this service.
5. Based on the entrustment of the Contractor, etc., the Company may provide the Contractor’s name and other personal information, such as vital data, to affiliated medical institutions. Contractors, etc. shall agree in advance to the provision of such personal information when using this service.
1. If the Company determines that any of the following applies or falls under any of the following, the Company may view, save, or disclose all or part of the transmitted information to a third party (hereinafter referred to as “viewing, etc.”) .) may be done.
(1) When consent for viewing, etc. is obtained from the contractor, etc.
(2) When the Company does not receive a response from the Contractor, etc. within 7 days from the date on which the Company contacted the Contractor, etc. to request consent as set forth in the preceding item.
(3) When receiving a formal inquiry based on laws and regulations from a public institution such as a court or police
(4) When there is an obligation to disclose in accordance with the law.
(5) When a contractor, etc. engages in a prohibited act that falls under each item of Article 14 (Prohibited Matters)
(6) When it is necessary to protect the life, body, or other important rights of our company, etc.
(7) When it is necessary for maintenance of this service or solving technical problems.
(8) When there is a need to comply with each of the above items.
2. The Company may delete all or part of the transmitted information if any of the following applies or is determined by the Company to be applicable. Our company will not recover any transmitted information that has been deleted and will not be held responsible in any way.
(1) When consent is obtained from the contractor, etc.
(2) When a contractor, etc. engages in a prohibited act that falls under each item of Article 14 (Prohibited Matters)
(3) When the usage contract ends
(4) When this service is canceled, changed, or terminated pursuant to Article 18 (Cancellation of this service) or Article 19 (Change of this service)
(5) When there is a need to comply with each of the above items.
3. Notwithstanding the preceding two paragraphs, the Company has no obligation to monitor or otherwise manage transmitted information.
1. The Company will contact the Contractor, etc. by sending a written document, sending an email, posting on the Service or the Company’s website, or by any other means the Company deems appropriate. If such communication is made by sending an e-mail or posting it on the Service or our website, it will be deemed to have reached the Contractor, etc. at the time of sending or posting.
2. Contacts from the Contractor, etc. to the Company shall be made through the Company’s designated inquiry form or email address for inquiries. Our company will not respond to inquiries by any means other than the inquiry form or inquiry email address.
Even if some of the provisions of these Terms are determined by law or court to be illegal, invalid, or impossible, the remainder of these Terms will remain in effect.
The governing law regarding these Terms, the User Agreement, and this Service shall be Japanese law.
All disputes regarding these Terms, the User Agreement, and the Service shall be resolved by the Tokyo District Court as the court with exclusive first instance jurisdiction.
that’s all
Produced on January 26, 2021
Revised on July 1, 2022
Revised on March 28, 2024
This document is intended to supplement the original Japanese version . In the event of any discrepancy in content or interpretation between this translation and the original, the content of the original shall prevail.
These Terms of Use (this “Agreement”) set forth the rights and obligations between SOMPO Light Vortex Co., Ltd. (“SOMPO”) and the End User with respect to the Solution (as defined in Article 1) handled by SOMPO in Japan. The End User shall agree to the terms of this Agreement before using the Solution. Please be aware that the Solution cannot be used without agreeing to this Agreement. Any guidelines, rules, or notices separately established for the provision of the Solution shall constitute a part of this Agreement.
In this Agreement, the meanings of the terms listed in the following items shall be as defined in each respective item.
Terminology | MEANING OF TERMS |
---|---|
The Solution | The Japanese version of the remote medical examination device, applications, software, related platform services, and other solution services handled by SOMPO in Japan under a contract with Tyto Care Ltd., a corporation in the State of Israel (“Tyto”). |
Use | To execute or operate the Solution (including installing the Solution on a Designated Device and placing it in an executable state), and to refer to specifications, instructions, procedures, rules, manuals, and all related materials associated with the Solution for the purpose of its execution or operation. |
Designated Device | The dedicated device for the Solution (including all hardware and firmware components) provided as part of the Solution for examining specific health indicators such as ears, throat, lungs, and heart rate. |
Data | All data collected through the use of the Solution, consisting of information such as an individual’s medical or health indicators, diagnoses, images, videos, graphs, sounds, signals, and text. |
Third-Party Components | A general term for any device or product, whether hardware or software, that is manufactured or licensed by a third party and integrated with the Solution. |
End User | A user who is authorized to use the Solution by Hachijo View Hotel Co., Ltd. and who uses the Solution. |
The End User shall use the Solution upon understanding and agreeing to the matters in the following items.
(1).The Solution is an online service that includes internet connection services and is configured by combining best-effort environments where the quality of service is not guaranteed.
(2).SOMPO shall exercise the duty of care of a good manager to maintain the quality of the Solution and make commercially reasonable efforts. However, due to the nature described in the preceding item, significant changes in the quality of the Solution or temporary unavailability may occur over time or due to changes in the environment.
(3).Due to the high complexity of the network itself, SOMPO does not guarantee that the Solution is completely free of defects, based on the current technological standards for the internet and computers, the technological standards for infrastructure such as communication lines, and the current general level of technology.
(4).SOMPO may, when deemed necessary for maintenance, operation, improvement, development, or for technical or legal reasons concerning the Solution, perform necessary actions such as monitoring, analysis, and investigation of the End User’s Data.
1.The End User shall bear all responsibility for the use of the Solution and all acts performed in connection with such use (including use by a third party that is deemed to be use by the End User) and their results. Furthermore, the End User’s Data is transmitted to or stored on the service-providing equipment at the End User’s own responsibility, and SOMPO makes no warranties regarding its content and shall not be liable in any way.
2.If the End User causes damage to a third party or receives a claim from a third party due to reasons attributable to the End User in connection with the use of the Solution, the End User shall handle and resolve such matters at their own responsibility and expense. The same shall apply if the End User suffers damage from a third party or makes a claim against a third party in connection with the use of the Solution.
3.If the End User causes damage to SOMPO or Tyto through the use of the Solution, the End User shall be liable for compensation.
4.The End User shall, at their own responsibility and expense, satisfy and maintain the environmental conditions for using the Solution as presented by SOMPO.
5.If the End User suffers damage due to failure to fulfill their obligations under the user agreement, SOMPO shall not be liable in any way.
6.Except as otherwise expressly provided in this Agreement, neither SOMPO nor Tyto makes any warranties with respect to the Solution, and disclaims all warranties concerning the Solution, whether oral or written, express or implied (including, but not limited to, all warranties of fitness for a particular purpose and merchantability).
7.The Solution is not designed or certified for life support activities, critical medical care, or any use where a failure of the Solution could lead to death or similar consequences, and the End User shall not use it for such purposes. The End User may use the Solution only within Japan, in accordance with the methods prescribed by SOMPO, and within a scope that does not violate this Agreement. With the exception of the Designated Device, the preparation and maintenance of computers, software, other equipment, communication environments, etc., necessary to receive the provision of the Solution shall be the responsibility and expense of the End User, and SOMPO shall not be liable in any way.
8.SOMPO shall not be liable for any damages incurred by the End User due to any of the reasons listed in the following items, regardless of the legal cause of the claim, including default, tort, or otherwise.
(1) Acts of God such as earthquakes, typhoons, floods, fires, and eruptions; riots, civil strife, enactment or repeal of laws, orders or dispositions by public authorities, strikes and other labor disputes, transportation accidents, power outages, and other force majeure events.
(2) Matters concerning the prerequisite environmental conditions, such as the inadequacy, unavailability, or poor performance of all or part of the prerequisite environmental conditions.
(3) Changes in the response performance or quality of the service-providing equipment or internet connection services (regardless of improvement or deterioration, the degree of change, or the speed of change), or temporary unavailability.
(4) Infection by computer viruses or other malware that cannot be prevented even if Tyto or SOMPO implements reasonably recognized measures, such as installing reliable security software on the service-providing equipment and applying definition files provided for said software.
(5) In addition to the preceding item, cyber-attacks on the service-providing equipment that cannot be prevented even if SOMPO implements reasonably recognized security measures.
(6) The End User’s failure to comply with the procedures for using the service as prescribed by SOMPO.
(7) Defects in the software (operating systems, middleware, databases) not manufactured by Tyto or SOMPO within the service-providing equipment, which could not be foreseen even with the duty of care of a good manager by SOMPO.
(8) Failures of telecommunication lines and telecommunication services provided by telecommunications carriers.
(9) Compulsory dispositions under Article 218 of the Code of Criminal Procedure, the Act on Interception of Communications for Criminal Investigation, and other compulsory dispositions based on laws, regulations, or court orders.
(10) Matters for which it is stipulated in this Agreement that SOMPO is not liable.
(11) Other matters not attributable to the willful misconduct or gross negligence of SOMPO.
The End User may use or make use of the Solution only within the scope defined in this Agreement.
SOMPO grants the End User a license to use the Solution within Japan.
The End User agrees that all rights related to the Solution (including, but not limited to, ownership rights, intellectual property rights (including the rights under Articles 27 and 28 of the Copyright Act; hereinafter the same), and moral rights) belong to SOMPO or Tyto, and that no rights other than those licensed by the user agreement are transferred or granted to the End User.
The End User shall provide SOMPO with the data acquired from the Solution (the “Subject Data”) based on conditions separately presented by SOMPO. If the Subject Data contains personal information or anonymously processed information as defined by the Act on the Protection of Personal Information (the “Personal Information, etc.”), SOMPO shall handle the Personal Information, etc., in accordance with the Act on the Protection of Personal Information, other related laws and regulations, relevant guidelines, and a separately established privacy policy.
The End User shall not perform any of the following acts with respect to all or part of the Solution.
(1).Using (including, but not limited to, duplicating, modifying, adapting, or creating derivative works) the Solution for any purpose other than that licensed in the user agreement.
(2).Using (including, but not limited to, duplicating, modifying, adapting, or creating derivative works) the Solution beyond the extent necessary to achieve the purpose licensed in the user agreement.
(3).Accessing, licensing, sublicensing, lending, or selling other content included in or displayed by the Solution.
(4).Removing, altering, or obscuring any copyright, trademark, or other proprietary notices on or in the Solution.
(5).Analyzing, reverse engineering, decompiling, disassembling, or otherwise attempting to discover the structure or source code of the Solution.
(6).Installing the Solution on a network server.
(7).Incorporating the Solution into any equipment, terminal, or device other than the Designated Device.
(8).Generating a reuse model (a new training model generated by inputting input data into a pre-trained model, obtaining an output result, and then using that input data and output result as a new training dataset to be input into the pre-trained model).
(9).Using the Solution for the development of products or services that compete with the Solution.
(10).Causing a third party to perform any of the acts in the preceding items.
(11).Otherwise using or making use of the Solution beyond the scope expressly licensed in the user agreement.
The End User acknowledges that Third-Party Components are used in the Solution. The Third-Party Components are used “as is” without any warranty, and SOMPO and Tyto disclaim all warranties, express or implied, with respect to the Third-Party Components (including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement).
The End User acknowledges that the Solution is subject to Japanese, U.S., and other export-related regulations and applicable laws. The End User shall comply with all domestic and international laws, regulations, and guidelines applicable to the use of the Solution under the user agreement, including the U.S. Export Administration Regulations.
SOMPO may subcontract part or all of the operations necessary for providing the Solution to the End User to a third party. In this case, SOMPO shall impose on said subcontractor (the “Subcontractor”) obligations equivalent to SOMPO’s obligations under this Agreement with respect to the performance of the subcontracted work.
1.The place of use for the Solution shall be limited to within Japan only.
2.If the End User suffers damages as a result of using the Solution outside of Japan, the Company shall not be liable in any way.
3.If SOMPO or a third party involved in the Solution suffers damages as a result of the End User using the Solution outside of Japan, the End User shall be liable for compensation.
This Agreement constitutes the entire agreement between SOMPO and the End User regarding the license to use the Solution.
This Agreement shall be governed by and construed in accordance with the laws of Japan.
Should any doubt arise regarding the interpretation of any provision of this Agreement, or for matters not stipulated in this Agreement, both parties shall strive to resolve the matter through mutual consultation.
Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance. Notwithstanding the preceding paragraph, any dispute arising out of or in connection with this Agreement in which Tyto is involved shall be resolved by arbitration in Singapore.
that’s all