terms of use.

Article 1 (Application)

1. These Terms apply to the conditions under which the Service is provided and to all relationships between the Company and registered users concerning use of the Service.
2. Rules, guidelines, precautions, and other provisions concerning use of the Service that the Company posts in the App, on the Company’s website, or by other means designated by the Company form part of these Terms.
3. If these Terms conflict with the rules or other provisions described in the preceding paragraph, these Terms prevail unless otherwise provided herein.

Article 2 (Definitions)

The terms used herein have the following meanings:

1. “Service” means the wearable devices (smart rings and wristbands), applications that connect with these products, and related services for promoting physical activity, managing health, supporting lifestyle habits, and other purposes that the Company provides under the name “KenkoAi.”
2. “App” means the application provided by the Company for use of the Service.
3. “Device” means a smart ring, smartphone, or other equipment used in connection with the Service.
4. “Registered User” means an individual who has agreed to these Terms and registered to use the Service in the manner prescribed by the Company.
5. “Measurement Data, etc.” means data relating to sleep, activity, exercise, heart rate, and other physical conditions or lifestyle habits obtained from a Device, the App, or a Registered User, as well as information entered by a Registered User.
6. “Health-Related Information, etc.” means information about physical condition, activity, sleep, and similar matters, analysis results, scores, lifestyle information, suggestions, insights, and other content provided through the Service based on Measurement Data, etc., goals set by a Registered User, and other information.
7. “Kenko Points” means points within the Service awarded by the Company in accordance with these Terms and the information displayed in the App, including when a Registered User meets the conditions prescribed by the Company for cards or other eligible actions presented through the Service.
8. “External Points” means PayPay Points or other points, electronic value, or benefits provided by third parties designated by the Company.

Article 3 (Registration)

1. A person wishing to use the Service shall agree to these Terms and the Company’s Privacy Policy and register in the manner prescribed by the Company.
2. Registered Users shall provide true and accurate registration information.
3. The Company will determine whether to approve an applicant’s registration based on the criteria in paragraph 5 of this Article. If the Company approves registration, it will notify the applicant in the manner prescribed by the Company.
4. Registration is completed when the Company gives the notice described in the preceding paragraph. Upon completion of registration, a service agreement incorporating these Terms (the “Agreement”) is formed between the user and the Company.
5. The Company may refuse registration if any of the following applies. The Company is not obligated to disclose its reasons for refusing registration, even if requested by the applicant.
   • (1) All or part of the registration information is inaccurate, including false statements, errors, or omissions.
   • (2) The applicant is found to be a member of anti-social forces.
   • (3) The applicant has previously violated an agreement, terms, or similar provisions with the Company.
   • (4) The applicant is a minor, an adult ward, a person under curatorship, or a person under assistance and has not obtained the necessary consent or other authorization from a statutory representative, guardian, curator, or assistant.
   • (5) The Company otherwise determines that registration is inappropriate.
6. Registered Users shall immediately update their registration information in the manner prescribed by the Company whenever that information changes.
7. Procedures already carried out before an update to registration information will be handled based on the information in effect before the update.
8. The Company is not liable for damage suffered by a user or third party due to inaccurate registration information provided by an applicant, including false statements, errors, or omissions, except in cases of intentional misconduct or negligence by the Company.

Article 4 (Account Management)

1. Registered Users shall appropriately manage their IDs, passwords, and other authentication information for the Service at their own responsibility.
2. Registered Users must not lend, transfer, or allow a third party to use their accounts.
3. Registered Users shall promptly notify the Company if they discover unauthorized use of their accounts.
4. The Company is not liable for damage arising from inadequate management of user information or similar circumstances, except in cases of intentional misconduct or negligence by the Company.

Article 5 (Terminal Equipment and Telecommunications Lines)

1. Registered Users shall secure and maintain, at their own responsibility and expense, the terminal equipment they use and the telecommunications lines connecting that equipment to the Company’s website or application.
2. Registered Users shall bear all communications charges necessary to use the Service.

Article 6 (Service Details)

1. The Service analyzes Measurement Data, etc. obtained through Devices, the App, and other means, and provides analysis results, scores, health-related information, and suggestions for actions suited to a Registered User’s condition to support health management and the maintenance and improvement of lifestyle habits.
2. The Service provides different information or content to each Registered User based on their Measurement Data, etc., usage status, goals, and other information.
3. The Service uses AI, algorithms, and other information-processing technologies to analyze and estimate Measurement Data, etc. and generate information and suggestions suited to a Registered User’s condition.
4. The Company awards Kenko Points based on Registered Users’ use of the Service, completion of eligible cards, records concerning activity, sleep, and lifestyle habits, and other conditions displayed in the App.

Article 7 (Health-Related Information, etc.)

1. The Company analyzes Measurement Data, etc. and provides Health-Related Information, etc. suited to a Registered User’s condition and trends.
2. Health-Related Information, etc. may include:
   • Conditions and trends relating to sleep, activity, exercise, and other matters;
   • Various scores and analysis results;
   • Comparisons with past data and trends over time;
   • Progress toward goals set by the Registered User;
   • Information and suggested actions concerning health management or lifestyle habits; and
   • Content personalized to the Registered User’s condition and other circumstances.
3. Health-Related Information, etc. is displayed in the App in card format or by other methods determined by the Company.
4. Health-Related Information, etc. is calculated or generated based on Measurement Data, etc. and algorithms or other methods established by the Company. It does not fully or accurately represent a Registered User’s actual health or physical condition.
5. The Company does not warrant the completeness, accuracy, timeliness, usefulness, or fitness of Health-Related Information, etc. for a Registered User’s particular purpose.

Article 8 (Precautions Regarding Medical Use)

1. The Device is not provided as a medical device.
2. Measurements, analysis results, scores, suggestions, and other Health-Related Information, etc. provided through the Service are reference information intended to support Registered Users’ daily physical activity, health management, and maintenance and improvement of lifestyle habits.
3. The Service is not intended for the diagnosis, treatment, cure, or prevention of diseases or health conditions, or for any other medical act, and is not a substitute for diagnosis, treatment, advice, or services provided by a physician or other healthcare professional.
4. Registered Users shall not change their use of medicines, treatment, or other matters that may affect their health solely on the basis of information obtained from the Service.
5. Registered Users shall consider their own health and physical condition and use information provided through the Service at their own judgment and responsibility.
6. If you feel unwell or experience pain, fatigue, discomfort, or other health concerns, consult a physician or other healthcare professional as necessary, regardless of the information provided by the Service.

Article 9 (Kenko Points)

1. The Company awards Kenko Points when a Registered User meets the Company’s point-award conditions, in accordance with those conditions.
2. Eligible actions or conditions may include all or some of the following:
   • Completion of the initial setup of the Service or other settings designated by the Company;
   • Selection and completion of cards presented in the App, including cards relating to activity, sleep, diet, and other lifestyle habits;
   • Satisfaction of continued-participation conditions established by the Company for each period within a month;
   • Confirmation or updating of birthday information, annual reports, or other information designated by the Company;
   • Linking or updating health checkup data or other information designated by the Company; and
   • Satisfaction of conditions displayed in the App for campaigns, re-engagement initiatives, surveys, or other activities.
3. Specific conditions for awarding Kenko Points, the number of points, eligible periods, award limits, and other conditions are displayed in the App or by other means determined by the Company.
4. Under the monthly card program, which runs from the first through the last day of each month, the maximum award for completing cards is 2,500 Kenko Points. Unused award allowances for each period do not carry over to the next period or month.
5. Kenko Points are awarded at the time determined by the Company after its systems confirm completion of an eligible action or satisfaction of an eligible condition.
6. Kenko Points may not be awarded if the Company cannot confirm that the conditions have been met because a Device was not worn, a communications failure, synchronization error, inability to measure, missing data, or another reason. If such environmental issues cannot be verified through the system, additional Kenko Points may not be awarded.
7. The Company determines whether point-award conditions have been met based on Measurement Data, etc. and may not treat a condition as satisfied solely on the basis of a Registered User’s self-report.
8. Kenko Points are not money; they are points within the Service that can be used in accordance with these Terms and conditions separately established by the Company.
9. Registered Users may not request cash refunds for Kenko Points, except where required by law.
10. Kenko Points may not be transferred, lent, sold, pledged, or otherwise disposed of to third parties.
11. As a general rule, Kenko Points are valid for one year (365 days). The specific expiration date is the date indicated when the points are awarded or in the App. Expired Kenko Points lapse and cannot be used or exchanged.

Article 10 (Exchange of Kenko Points for External Points)

1. Registered Users may exchange their valid Kenko Points for PayPay Points or other External Points designated by the Company in accordance with the exchange conditions displayed in the App.
2. Types of External Points, exchange rates, minimum exchange amounts, exchange units, exchange periods, exchange limits, and other exchange conditions are displayed in the App or by other means determined by the Company.
   • The exchange rate between Kenko Points and PayPay Points is 500 Kenko Points for the equivalent of 100 PayPay Points.
   • Exchange limits are displayed in the App.
   • As a general rule, the annual exchange limit is 40,000 Kenko Points, equivalent to 8,000 PayPay Points.
3. Kenko Points to be exchanged are deducted when a Registered User applies for an exchange into External Points and the Company accepts the application. If the exchange is unsuccessful, the Kenko Points will generally be returned.
4. After confirming that a Registered User’s exchange application is valid, the Company will arrange for External Points to be awarded by issuing a code or by another method designated by the Company. The award method and standard time for the points to be reflected are displayed in the App or by other means determined by the Company. It may take some time for External Points to be reflected in a Registered User’s account or elsewhere, depending on the processing status of the External Points provider and other circumstances.
5. After the exchange procedure is completed, Registered Users may not cancel or change the exchange or exchange External Points back into Kenko Points for their own convenience.
6. Acquisition and use of External Points are subject to the terms of use and other conditions established by the third party providing those External Points.
7. Registered Users may need to register an account with the External Points provider or complete other prescribed procedures to receive External Points.
8. Exchanges may be delayed or unavailable due to suspension of an External Points provider’s service, system failures, maintenance, specification changes, termination of contracts, or other circumstances beyond the Company’s reasonable control.
9. If an exchange cannot be carried out for a reason described in the preceding paragraph, the Company will generally cancel the exchange application and return the relevant Kenko Points to the Registered User. This does not apply if the Registered User agrees to receive an alternative benefit separately provided by the Company.

Article 11 (Cancellation of Points and Improper Acquisition)

1. If the Company reasonably determines that any of the following applies, it may withhold Kenko Points, cancel points already awarded, or suspend use or exchange of Kenko Points, including exchange into External Points:
   • A Device or Measurement Data, etc. has been improperly manipulated;
   • False activity, sleep, or other data has been generated or transmitted;
   • Data belonging to another person has been used, including by having a third party wear or use a Device;
   • Points have been improperly acquired through multiple accounts or similar means;
   • Points have been improperly acquired using programs, bots, or other automated means;
   • More points than should have been awarded were awarded due to a system defect or similar issue; or
   • These Terms or the Company’s point-award conditions have been violated.
2. If improperly acquired Kenko Points have already been exchanged into External Points, the Company may, to the extent permitted by law, request the return of points, money, or other benefits corresponding to that exchange.
3. If improper use is suspected, the Company may suspend the award or use of points, or exchange into External Points, for the period necessary to investigate.

Article 12 (Collection and Use of Measurement Data, etc.)

1. The Company collects Measurement Data, etc. from Devices, the App, and Registered Users to provide the Service.
2. Information collected includes:
   • Data obtained from Kenko wearable devices;
   • Personal information such as date of birth, sex, email address, height, and weight;
   • Information entered by users in the App, including surveys, chats, and inquiries;
   • App error information;
   • Communications-device information, including OS and carrier information, line-authentication information, and subscriber-specific IDs;
   • Step counts and other information obtained from Mynaportal, Apple Health (iOS devices), Google Fit (Android devices), or Health Connect (Android devices), limited to information the user has authorized the App to access; and
   • Other information necessary to provide the Service.
3. The Company may use Measurement Data, etc. for:
   • Calculating and displaying measurement results, scores, and similar information;
   • Visualizing physical condition, activity, sleep, and other conditions and trends;
   • Providing Health-Related Information, etc. personalized to Registered Users;
   • Selecting goal cards;
   • Displaying trends over time;
   • Determining progress toward goals;
   • Responding to chat consultations;
   • Determining satisfaction of Kenko Point award conditions;
   • Providing, maintaining, and improving the Service;
   • Detecting and preventing improper use;
   • Customer support; and
   • Other purposes specified in the Privacy Policy.
4. The specific handling of personal information and other user information is governed by the Privacy Policy separately established by the Company.

Article 13 (Measurement and Analysis Accuracy)

1. Measurements, analysis results, scores, and other information obtained from Devices and the Service may vary depending on how the Device is worn, the usage environment, physical characteristics, living environment, communications status, data-collection status, and other factors.
2. The Company does not warrant that these measurements, estimates, analysis results, or scores completely correspond to a Registered User’s actual physical or health condition.
3. If data is missing or sufficient Measurement Data, etc. cannot be obtained, some or all Health-Related Information, etc. may be unavailable or may differ from the information normally provided.
4. The Company may change algorithms or other analytical methods to improve the quality of the Service or for other purposes. As a result, the same or similar Measurement Data, etc. may produce analysis results or scores different from those previously displayed.

Article 14 (Integration with Third-Party Services)

1. When using services provided by third parties (“Third-Party Services”) in connection with the Service, users shall comply with the terms of use and other terms of those Third-Party Services in addition to these Terms.
2. The Company does not warrant the content, continuity, accuracy, safety, or other aspects of Third-Party Services.
3. Changes to specifications, suspension, or termination of Third-Party Services may result in changes, suspension, or termination of some or all functions of the Service.
4. The Company is not liable for damage arising from a user’s use of Third-Party Services in connection with the Service, except in cases of intentional misconduct or negligence by the Company.

Article 15 (Prohibited Acts)

Registered Users must not engage in any of the following when using the Service:

1. Violating laws or these Terms;
2. Registering or providing false information;
3. Impersonating a third party;
4. Lending, transferring, or allowing a third party to use an account;
5. Improperly acquiring Kenko Points or External Points;
6. Improperly manipulating Devices, Measurement Data, etc., or systems;
7. Gaining unauthorized access to the Service;
8. Reverse engineering or other analytical activities;
9. Interfering with operation of the Service;
10. Infringing intellectual property rights or other rights or interests of the Company or third parties;
11. Discriminating against, defaming, or damaging the reputation or credibility of the Company, other Registered Users of the Service, or other third parties;
12. Altering or deleting information;
13. Sending information through the Service to the Company’s chat that falls, or that the Company determines falls, within any of the following categories:
    • Information containing violent or cruel expressions;
    • Information containing computer viruses, spam, or other harmful computer programs;
    • Information containing expressions that damage the reputation or credibility of the Company, other Registered Users of the Service, or other third parties;
    • Information containing obscene expressions;
    • Information containing discriminatory expressions or expressions that promote discrimination;
    • Information containing expressions that promote or assist suicide or self-harm;
    • Information containing expressions that promote inappropriate use of medicines, drugs, or other substances;
    • Information containing anti-social expressions;
    • Information intended to alter service information, including by tampering with programs; or
    • Information containing expressions that cause discomfort, disgust, or distrust in others;
14. Using the Service for commercial purposes; or
15. Other acts the Company reasonably determines to be inappropriate.

Article 16 (Changes to and Suspension of the Service)

1. The Company may suspend or interrupt all or part of the Service when necessary for inspection, maintenance, updating, incident response, or other needs concerning systems for the Service.
2. The Company may change, add, or discontinue functions, content, algorithms, measurement and analysis methods, or other aspects of the Service.
3. The Company may suspend or interrupt all or part of the Service if its operation becomes impossible due to force majeure, including natural disasters, riots, civil unrest, labor disputes, orders or dispositions by public authorities, default by business partners, enactment, amendment, or repeal of laws, outbreaks of infectious disease, earthquakes, lightning, fire, wind or flood damage, or power outages.
4. The Company may also suspend or interrupt all or part of the Service if it otherwise determines that suspension or interruption is necessary.
5. For changes or termination that materially affect Registered Users, the Company will provide advance announcement or notice by reasonable means, except where otherwise required by law or where urgent and unavoidable circumstances prevent it.
6. The Company is not liable for damage arising from the circumstances described in the preceding paragraphs, except in cases of intentional misconduct or negligence by the Company.

Article 17 (Changes to and Termination of the Points Program)

1. The Company may change Kenko Point award conditions, point amounts, exchange conditions, exchange rates, expiration periods, or other aspects of the points program for reasonable reasons, including changes to the Service, changes to contracts with or services of External Points providers, or changes in laws.
2. If the Company terminates the points program, it will announce or notify Registered Users with a reasonable period of advance notice, except where otherwise required by law or where urgent and unavoidable circumstances prevent it.
3. Kenko Points held by Registered Users when the points program ends may be exchanged for External Points or other benefits within a period separately determined by the Company. Kenko Points remaining after the exchange period described in this paragraph will expire. The exchange period and method will be specified in the notice of termination of the points program.

Article 18 (Withdrawal)

1. Registered Users may withdraw from the Service in the manner prescribed by the Company.
2. If a Registered User withdraws, their Kenko Points expire upon completion of the withdrawal procedure. This does not apply to applications for exchange into External Points accepted before completion of the withdrawal procedure.
3. Handling of a Registered User’s information after withdrawal is governed by the Company’s Privacy Policy.

Article 19 (Ownership of Rights)

Intellectual property rights in the Service and in text, images, designs, programs, algorithms, scores, content, and other materials provided through the Service belong to the Company or third parties that have duly licensed rights to the Company.

Article 20 (Disclaimer of Warranties and Liability)

1. The Company does not warrant the completeness, accuracy, timeliness, usefulness, fitness for a particular purpose, continuity, or absence of defects of the Service.
2. The Company is not liable for failure to obtain or provide information due to how a Device is worn, communications conditions, Third-Party Services, missing data, or other circumstances beyond its reasonable control, except in cases of intentional misconduct or gross negligence by the Company.
3. The preceding paragraph includes cases where Kenko Points were not awarded because Measurement Data, etc. could not be obtained.
4. Actions taken by Registered Users with reference to Health-Related Information, etc. based on the Service are taken at their own judgment and responsibility.
5. Use of External Points and services provided by External Points providers is subject to the conditions established by those providers.
6. If the Company is liable to a Registered User for damages, the scope and limit of that liability will be governed by the Consumer Contract Act and other applicable laws.

Article 21 (No Guarantees)

1. The Company makes no warranty that the Service is suitable for a Registered User’s intended purpose; has the results, functions, commercial value, accuracy, or usefulness expected by the Registered User; that the Registered User’s use of the Service complies with laws or regulations applicable to the Registered User; or that bugs, defects, breakdowns, accidents, or similar events will not occur. The Company also does not guarantee any results concerning beauty, dieting, health, improvement of lifestyle habits, or similar matters.
2. The Company does not guarantee that registration information, data entered by Registered Users, or other information submitted by Registered Users will be stored. Except in cases of intentional misconduct or gross negligence by the Company, the Company is not liable for any damage suffered by Registered Users due to loss, deletion, or similar events affecting such information, and Registered Users shall not raise objections, complaints, or any other claims.
3. Except in cases of intentional misconduct or gross negligence by the Company, the Company is not liable for damage concerning registration information, data entered by Registered Users, or other information submitted by Registered Users in connection with the Service, including damage arising from interruption, suspension, termination, unavailability, or modification of the Service; deletion or loss of messages or information sent by Registered Users to the Service; cancellation of registration; loss of registered data or breakdown or damage to equipment resulting from use of the Service; or other matters concerning the Service. Registered Users shall not raise objections, complaints, or any other claims.

Article 22 (Handling of User Information)

1. The Company’s handling of Registered Users’ personal information and user information is governed by the Privacy Policy separately established by the Company.
2. In accordance with laws and the Privacy Policy, the Company may use information appropriately processed or aggregated so that individuals cannot be identified for improving Service quality, analysis, and other purposes.

Article 23 (Cancellation of Registration, etc.)

The Company may temporarily suspend use of the Service or cancel registration if a Registered User violates these Terms, improperly acquires points, or the Company otherwise reasonably determines that continued use of the Service is inappropriate.

Article 24 (Intellectual Property Rights in the Service)

All intellectual property rights relating to the Company’s website, application, and the Service belong to the Company or third parties that have licensed rights to the Company. Use of the Service under these Terms does not constitute a license to use intellectual property rights of the Company or such third parties relating to the Company’s website or the Service.

Article 25 (Amendment of the Terms)

The Company may amend these Terms in accordance with law. If these Terms are amended, the Company will announce or notify users of the amended content and effective date through the App, the Company’s website, or other appropriate means.

Registered Users who do not agree to the amended Terms shall discontinue use of the Service. A Registered User who continues to use the Service after amendment of these Terms will be deemed to have agreed to the amended Terms.

Article 26 (Communications and Notices)

Communications and notices between Registered Users and the Company concerning the Service will be made through the App, email, the Company’s website, or other means determined by the Company.

Article 27 (Assignment of Contractual Status, etc.)

Registered Users may not assign, transfer, pledge, or otherwise dispose of their contractual status concerning the Service or rights or obligations under these Terms to a third party without the Company’s prior consent.

Article 28 (Severability)

If any provision of these Terms or any part thereof is held invalid or unenforceable under law, the remaining portions of these Terms will remain in effect.

Article 29 (Governing Law and Jurisdiction)

1. These Terms and the agreement for use of the Service are governed by the laws of Japan.
2. The Tokyo District Court shall have exclusive agreed jurisdiction as the court of first instance over all disputes arising out of or relating to these Terms or the Service, except where otherwise provided by law.