App License Terms

Last update: November 18, 2024

When using the application software for communication terminals (the “App”) distributed by ambie Corporation ( “ambie/We”), please carefully read this ambie App License Terms (the “Terms”) and use the App after understanding the terms of use.

The Terms apply to all relationships between you and ambie regarding your use of the App. By using the App, you are deemed to have agreed to the Terms.

The Terms apply to the App as well as its patches, updates, upgrades, and new versions. 

Article 1 (License)

  1. We will grant you a limited, non-transferable, and non-exclusive right to use the App on a communication terminal used by you in accordance with the conditions set forth in the Terms.
  2. If terms of use are set for use of third-party software or services included in the App, we may present terms of use, etc. for the software or services to you. In such cases, you must agree to and comply with those terms of use when using the software or services.
  3. All intellectual property rights included in the App belong to ambie and third parties that have granted rights to us. The App is licensed to you under the conditions set forth in the Terms, and the rights such as copyright, etc. of the App are not transferred to you.

Article 2 (Prohibited Acts)

You must not conduct the following acts.

  • Engaging in acts that violate laws or public policy, or acts that may potentially do so, regarding access to and use of the App;
  • Attempting to reverse engineer, decompile, disassemble, or otherwise analyze the source code of the App or software included in the App in violation of applicable U.S. laws such as the Digital Millennium Copyright Act (DMCA);
  • Reproducing, modifying, lending, sublicensing, transferring, or otherwise disposing of all or part of the App or software included in the App, or allowing such through a third party;
  • Engaging in unauthorized access or acts that place an excessive load on the servers, software, network, or other equipment or functions necessary for providing the App;
  • Acquiring the App by means other than the method officially provided by ambie;
  • Infringing on our rights or a third party’s rights through access to or use of the App; and
  • Otherwise using the App unlawfully.

Article 3 (Provision of Services)

  1. We will provide you with services available on the App (the “Services”) through the App.
  2. We may, at our sole discretion, add, modify, or discontinue the content of the Services in a manner deemed appropriate by us. Changes or discontinuation of the Services may result in changes to your existing settings, loss of data or content, and loss of functionality. You must save and manage such data and content at your expense and responsibility.
  3. In providing the App, we may offer links to or content from third-party websites that are independently operated. We make no warranties, express or implied, regarding these links or content. Additionally, you will access these linked services or content at your own responsibility and discretion, and you will assume all resulting liabilities and consequences.
  4. You must provide the communication terminals, use environment, and network environment necessary to use the App at your own expense and responsibility. 

Article 4 (Privacy)

  • The use of your personal information by us will be in accordance with our Privacy Notice.
  • When you use third-party links or content as referred to in Article 3, Paragraph 3, the privacy policy established by that third party will apply, so please refer to the privacy policy published by the respective third party.

Article 5 (Limitation of Liability)

  1. The App and the software included in it are provided as-is. To the extent permitted by law, we do not guarantee that the App or the software included in it is free from errors, bugs, or other defects, that they will operate without stoppages or interruptions, or that their use will not cause damage to you or third parties.
  2. To the extent permitted by law, we will not be liable for any damages incurred by you or a third party in connection with the use of the App or the software included therein, unless we are found to have acted with intent or gross negligence.

Article 6 (Measures in the Case of Violation of the Terms)

If we determine that you have violated the Terms, we may take necessary measures, such as suspending the use of all or part of the App or suspending the services provided through the App.

Article 7 (Amendment of Terms)

We may modify the Terms if we deem it necessary. In such cases, we will notify you of the content of the revised Terms and the effective date by displaying it on the App or by any other method deemed appropriate by us. The revised Terms will take effect from the effective date. 

Article 8 (Governing law and Dispute Resolution)

  1. The Terms will be governed by the laws of Japan.
  2. ambie and you both consent that any dispute with ambie or its affiliates or claim relating in any way to the Terms or your use of the Services will be resolved by binding arbitration as described in this paragraph, rather than in court. To begin an arbitration proceeding, you, as applicable, must send a letter requesting arbitration and describing its claim to ambie to [email address]. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

Article 9 (Other provisions)

  1. Even if any provision of the Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue to be in full force and effect.
  2. If you cause damage to us by violating the Terms, you will be liable to compensate for such damage.