Terms of Use

Article 1. Definitions
1. The “Service” means the service provided by Airweave Inc. (the “Company”) under the name of “airweave MattressFit.”

2. “User(s)” means those who use the Service. A User is required to provide his/her consent to these Terms of Use (these “Terms”) before using the Service. In addition, a minor must separately obtain consent from his/her guardian prior to using the Service.

3. The Company may modify all or any part of these Terms on the Service. In this case, the Company shall announce, on its website or app, the Company’s intention to modify these Terms and the contents of the modified Terms as well as the scheduled effective date of such modification, by no later than sixty (60) days before the scheduled effective date of such modification. Moreover, if a User uses the Service after the effective date of the modified Terms, the Company shall deem that such User has provided his/her consent to such modification.

Article 2. Overview of the Service
1. The content of the Service is to analyze User’s height, weight, age, gender (not mandatory) and full body photos of the front and sides taken by a smartphone that are entered by the User and to recommend bedding suitable to such User based on the physical data obtained by such analysis (collectively, the “Data”).
2. The Service is only available through smartphones (i.e. Android or iOS) and our store terminals.
3. The service area is limited to Japan.

Article 3. Prohibited Acts
Users are prohibited from engaging in any of the following acts by using the Service or in relation to the use of the Service:
(1) Any act contrary to public order and morals, or any act in violation of the applicable laws and regulations of Japan or overseas;
(2) Any act in breach of these Terms;
(3) Any act that obstructs the operation of the Service;
(4) Any act of entering any personal information of a third party into the Service;
(5) Any act of infringing or being likely to infringe upon a third party’s or the Company’s intellectual property rights, likeness rights, privacy rights, honor rights and other rights or legally protected interests;
(6) Any act of making a false statement regarding any information on a User (including the Data);
(7) Any act of using the Service by the method other than that designated by the Service; and
(8) Aside from the above items, any other act the Company deems to be inappropriate.

Article 4. Personal Information
User’s personal information provided in relation to the use of the Service shall be managed and handled in accordance with the “Privacy Policy.”

Article 5. Suspension of Use
1. Upon providing the Service, if the Company determines that a User is inappropriate, such as the User causing damage to the Company in relation to the Service or the User beaching these Terms, the Company may immediately suspend such User’s use of the Service without being required to provide prior notice or obtain such User’s consent.

2. The Company shall be responsible only for the amount up to JPY 10,000 for any damage incurred by a User arising from the Company’s suspension of the Service pursuant to the preceding paragraph, except in the case where such damage is caused due to the willful intention or gross negligence of the Company.

3. The Company is not obliged to explain to a User the reason why such User’s use of the Service is suspended pursuant to the provision of Article 5.1.

Article 6. Temporary Discontinuation or Suspension of the Service
1. The Company may temporarily discontinue or suspend all or any part of the Service at its discretion and without providing prior notice if:
(1) Regular or urgent maintenance inspection or renewal work is performed on the device or the system for the Service;
(2) It is difficult to provide the Service due to force majeure such as fire, power failure or natural disaster;
(3) The service of a telecommunications carrier is not rendered; or
(4) Aside from the above items, the Company otherwise determines that it is necessary to temporarily discontinue or suspend the Service due to operational or technical reasons.

2. Notwithstanding the provision of the preceding paragraph, the Company may, at its discretion, modify or terminate all or any part of the Service by providing a notice on the Company’s website, by no later than sixty (60) days before the scheduled effective date of such modification or termination.

Article 7. Exemptions
1. The physical data measured in the course of using the Service is an estimate made through image analysis and the Company provides no warranty as to the accuracy thereof.

2. Users shall use the Service at their responsibility and the Company shall be responsible only for the amount up to JPY 10,000 for any damage incurred by a User due to such User’s use of the Service or arising from the Service, except in the case where such damage is caused due to the willful intention or gross negligence of the Company.

3. The Company shall be responsible only for the amount up to JPY 10,000 for any damage incurred by a User or any third party due to the provision, modification, temporary discontinuation, suspension or termination of the Service or otherwise in connection with the Service, except in the case where such damage is caused due to the willful intention or gross negligence of the Company.

4. Upon providing the Service, the Company shall take safety measures to the reasonable extent necessary for risks such as loss, alteration, divulgence, etc. of the Data due to unauthorized access by a third party (the “Information Divulgence, Etc.”); however, the Company shall be responsible only for the amount up to JPY 10,000 for any damage incurred by a User due to any Information Divulgence, Etc. arising from any act of such User, except in the case where such damage is caused due to the willful intention or gross negligence of the Company.

5. If a User causes any damage to a third party due to his/her use of the Service, such User shall resolve the same at its responsibility and expense and the Company shall be responsible only for the amount up to JPY 10,000 for the same, except in the case where such damage is caused due to the willful intention or gross negligence of the Company.

Article 8. Intellectual Property Rights
1. Any intellectual property rights such as copyrights related to the Service and any other rights shall belong to the Company.

2. If any copyright is contained in any information registered by a User in conjunction with his/her use of the Service, such User shall grant the Company the right to use such copyright free of charge and at the Company’s discretion, without being required to provide notice to such User. The grant of this right may not be withdrawn and shall remain effective even after a User is no longer authorized to use the Service. In addition, a User shall not, in anyway whatsoever, exercise any moral rights of the author against the Company or a third party regarding the use of the relevant copyright even after such User loses his/her status as a User.

Article 9. Communication and Notification
Any communication and notification regarding the Service between the Company and a User shall be made in the method designated by the Company.

Article 10. Severability
Even if any part of these Terms is deemed to be invalid, the remaining part of these Terms shall remain in full force and effect.

Article 11. Governing Law and Jurisdiction
These Terms shall be interpreted and applied in accordance with the laws of Japan. Any dispute between the Company and a User in relation to the Service shall be subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court in the first instance according to the value of the subject matter of the litigation.

Last updated: Jan 7, 2021
Established: April 23, 2020
Airweave Inc.