Bmaps is a navigation app (hereinafter, "the App") provided by the NPO CANPAN Center and Mirairo Inc. (hereinafter, "the Center, et al."). Customers using the App (hereinafter, "Users") do so with their prior consent to this User Agreement.
Users shall be considered to have consented to this User Agreement when they download, install, and/or use the App.
Article 1: Scope of this User Agreement
This User Agreement between Users and the Center, et al. shall apply to all forms of use of the App.
Article 2: Usage Entitlements
The Center, et al. shall grant to Users the non-exclusive and non-transferable rights stipulated in the following provisions.
(1) The right to download from iTunes Store or GooglePlay (hereinafter, "App Distribution Platforms") and install the App on the User's terminal.
(2) The right to use navigation functions by launching the App and viewing or using loaded map data.
(3) The right to use, through the App, distribution content obtained by launching the App and connecting to the network.
Article 3: Matters for Adherence
With regard to using the App, Users shall adhere to items stipulated in the following provisions.
(1) Users shall not operate the App or stare at the display screen while walking or driving.
(2) Users shall not use the App in a place that will obstruct driving, or obstruct the visual field of a driver, or in a place that will obstruct the operation of safety mechanisms.
(3) Users shall recognize that the navigation functions of the App are for reference purposes and do not take priority over actual traffic regulations or road conditions.
Article 4: Matters of Consent
With regard to using the App, Users shall consent to the items stipulated in the following provisions.
(1) Location information provided by the App may, due to the usage environment, GPS satellite reception, etc., not display a location, or may produce a discrepancy with an actual location.
(2) Map information (including facility/building information, etc.) displayed by the App may have discrepancies with current, up-to-date locations.
(3) Due to a User moving to a location (inside buildings, underground, etc.) not supporting network connections, all or part of the App's functions may become temporarily unavailable.
(4) The Center et al. may collect and/or use technical and related information (including but not limited to information related to the hardware or peripheral devices a User uses, and location information (latitude and longitude coordinates)).
(5) The technical and related information stipulated in the preceding Clause may be regularly collected in order to provide App-related updates, support services, or other services for Users; said information may be used to the extent that it does not distinguish specific Users.
(6) Operation of the App is not guaranteed for all terminals on which the App can be installed.
(7) Should problems arise in accessing an App Distribution Platform, Users are to contact the App Distribution Platform's user support.
(8) Should a User cause an accident while using the App, the Center et al. shall bear no liability whatsoever.
Article 5: Managing IDs and Passwords
Users shall bear responsibility for managing IDs and passwords needed to use the App. Users shall agree to the fact that the Center et al. bear no liability for any actions or behavior occurring to a registered ID.
If there is any suspicion of inappropriate use of an ID or password, please contact the Center, et al.
Article 6: Prohibited Conduct
With regard to using the App, Users shall not engage in the conduct stipulated in the following provisions.
Should a User engage in conduct prohibited by the User Agreement, the Center, et al. shall be permitted to halt said User's use of the App; furthermore, should damages occur, said User shall bear liability for compensating for said damages.
(1) Modifying, reverse assembling, reverse compiling, or reverse engineering the App.
(2) Conduct that imposes a burden on the server used by the App, and conduct that interferes with another User's access to or operation of the App.
(3) Usage of the App (for commercial or for-profit intent) that exceeds personal use.
(4) Inappropriate expressions, including slander, defamation, complaining, or discriminatory language, toward the Center, et al. or a third party.
(5) Conduct that actually or potentially damages the copyrights, trademark rights, privacy rights, portrait rights, reputation rights, or other rights of the Center, et al. or a third party.
(6) Expressing comments actually or potentially containing content against laws and public order or morality.
(7) Any other conduct deemed inappropriate by the Center, et al.
Article 7: Ownership of Copyrights, etc.
Any and all rights with regard to the App shall belong to the Center, et al. or to a third party with due authority. With regard to the App, the Center, et al. prohibit, excluding cases stipulated in this User Agreement, duplication, editing, modification, analysis, disclosure, broadcasting, distribution, transfer, lending, translation, adaptation, transmission, reprinting, recording, re-entitling, rights registration, patenting, etc., or any other conduct that, without the Center, et al.'s permission, infringes upon the Center, et al. or third party copyright holders.
Article 8: Handling of Online Word of Mouth
1. Should an App User post word-of-mouth comment(s) about the App online, said User shall, as of the time the comment(s) is posted, consent to allow the Center, et al., or a third party that has received a sublicense from the Center, et al. for use of the App, to use (including summarize, excerpt, etc.), free of charge, said posted comment(s), based on rights to duplicate, publicly transmit, distribute, translate, adapt, or similarly use per copyright laws, said word-of-mouth information inside or outside Japan, until the expiration of said copyrights.
2. Users of the App shall guarantee that User-posted word of mouth comment(s) about the Center, et al. shall not infringe upon any of a third party's rights to duplication, public transmission, distribution, translation, or adaption, nor infringe upon similar rights per copyright laws.
Article 9: Limitation of Liability
1. The Center, et al. shall assume no liability whatsoever for damages to Users from loss of data, or interruption, delay, or cessation, etc. of the App.
2. The Center, et al. may, without prior notice to Users, temporarily suspend or halt provision of information, due to updating, adding, changing, or deleting information, or due to partial revision or abolition, system maintenance, or equipment/transmission line malfunction, or due to the occurrence of other phenomena, such as unavoidable cessation, power blackout, or natural disaster.
3. The Center, et al. make no guarantee of the credibility, legality, timeliness, fitness for purpose, or accuracy of information Users supply to the App. Furthermore, no liability whatsoever shall be born for damage(s) (including any damages arising as a result of a User's lost profit or damage indemnity liability to a User from a third party) arising from use of any User content (including any information that a User edits and/or uploads).
4. With regard to damage(s) resulting from use of the App, the Center, et al. and information providers acting on a usage license from the Center, et al. shall bear no liability for compensation whatsoever.
5. Users shall bear personal responsibility for their use of any information, etc. provided to the App by another User.
6. With regard to damage(s) arising from a User's violation of this User Agreement, or other regulations, the Center et al. shall bear no liability whatsoever.
7. Trouble and dispute between Users shall be resolved between said Users and the Center et al. shall bear no liability whatsoever.
Article 10: App Suspension, Changes, and Discontinuance
1. The Center, et al. does not guarantee the continuance of the App.
2. The Center, et al. shall be permitted, at their own discretion and at any time, to suspend, change, or discontinue all or part of the App. Furthermore, no liability whatsoever shall be born for damage(s) (including any damages arising as a result of a User's lost profit or damage indemnity liability to a User from a third party) arising from inability to use the App.
Article 11: User Information and Activity History
1. By downloading, installing, and using the App, Users consent to the Center, et al.'s acquisition of user information (referring here and hereinafter to information that is related to a living individual and that, through input data such as date of birth, etc. contained in said information, can distinguish a specific User (including data that can distinguish said specific user by simple cross referencing with other information), which refers to "personal information" defined by laws and related regulations concerning the protection of personal information, in addition to information related to a user's physical disability, etc., including "personal information requiring special care" according to laws and related regulations concerning the protection of other types of personal information) and activity history (referring here and hereinafter to viewing activity in the App while a User uses the App).
2. Users shall consent to the Center, et al. providing, to the parties noted below, a User's activity history and information registered in order for the User to use the App.Third parties and cooperating companies and/or organizations, etc. receiving a sublicense from the Center, et al. with regard to providing services related the App, etc. to Users.
3. Excluding the case noted in the preceding Clause, the Center, et al. will not, without a User's consent, sell, transfer, or similarly disclose user information or activity history to other companies or organizations.However, the Center, et al. may, without a User's consent, disclose user information and/or activity history in the cases stipulated in the following provisions.
(1) When disclosure is demanded according to law/regulations
(2) When it is necessary to safeguard life, body, or property and it is problematic to attain the User's consent
(3) When, due to sale of the business, etc., the entity operating the App changes and user information and/or activity history must be transferred in order to continue provision of the App
(4) When the Center, et al. judge disclosure to be appropriate based on rational reasons for other legal purposes
Article 12: Deletion of Posts, etc.; Suspension of Service Usage; Deletion of User IDs
In order to suitably operate services related to the App, etc., Users shall consent to allow the Center, et al. to, in the following cases, and without prior notice to Users, take measures such as deleting data and/or content (including word of mouth comment(s) posted by a User), deleting a User ID, and/or declining usage of all or part of said services. If a User registers multiple IDs, such measures may be applied to all of said IDs.
(1) When a User is in violation of item(s) stipulated in this User Agreement, or the Center et al. deem that there is the potential of such a violation
(2) When the Center et al. deem that a User's credibility has become unstable, such as receiving notice of, or initiating, bankruptcy or civil rehabilitation proceedings
(3) When a User registers with or uses an anti-social organization, or any individual affiliated with such an organization, or the Center et al. deem that there is the potential of such an occurrence
(4) When a User has not used an ID and/or the App over a certain period of time
(5) Other cases when the Center et al. deem that it will be problematic to maintain a contractual relationship with a User, such as cases in which trustworthy relationships with a User have been lost
Article 13: Changes to the User Agreement
The Center, et al. may make changes to the User Agreement. The changed User Agreement shall take effect from the time that it is publicly disclosed.
Should a User not agree to the changed User Agreement, said user shall immediately delete the App from his/her terminal.
If a User uses the App after the User Agreement has been changed, said User shall be considered in agreement with said changes.
Article 14: Applicable Laws and Jurisdiction by Agreement
This User Agreement shall be governed by the laws of Japan. In the case of a legal dispute over this User Agreement, the Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction as the court of first instance.
Enacted: June 24, 2016
Revised: December 1, 2016
Revised: May 25, 2018
[Application, Mutatis Mutandis]
The User Agreement on the Company's website shall apply, mutatis mutandis, to details not specified above.
Google Maps was utilized when creating these maps.