飲み曜日 (Nomiyoubi) Terms of Use

These Terms apply to the entire relationship between the User and the Developer regarding use of the App.

The User is deemed to have agreed to these Terms when the User performs the agreement action on the confirmation screen shown at first launch of the App, or when the User begins using the App. These Terms can be reviewed at any time on the App's page on the App Store and in the Settings screen within the App.

The license for the App is governed by Apple's Licensed Application End User License Agreement (the "Standard EULA"). These Terms set out matters specific to the App (including the scope of the App, the handling of data, premium features, and limitation of liability) in addition to the Standard EULA. These Terms do not limit any rights Apple holds under the Standard EULA, and Apple is not a party to these Terms.

These Terms are published both on this page and within the App. If there is any discrepancy between the two, the latest version in effect as published on this page shall prevail.

The App is intended for use by persons aged 20 or older. Persons under 20 may not use the App. The Developer confirms the User's age at first launch of the App and provides the App on the premise that the User's answer is truthful.

The functionality the Developer provides through the App is limited to the following (the "Scope").

• Storing and displaying, on the device, the drinking records entered by the User
• Letting the User plan their own drinking days and non-drinking days for each week, and comparing that plan against their records
• Mechanically converting entered content into estimates such as pure alcohol amount, calories, and cost using general formulas, and displaying the results
• Aggregating facts based on records, on-device auto-generated summary text, and displaying general informational articles about drinking
• The "Wish Gauge," which compares the estimated amount saved on non-drinking days against a goal, Challenges, and notifications/widgets that prompt recording
• Exporting records to a CSV file and exporting records to the Health app
• Any other functionality displayed within the App as being provided

The App is a personal-use tool for the User to manage their own records, and the following matters are not included within the Scope.

• The User's judgment regarding drinking, the act of drinking, and any health, lifestyle, or social consequences that result for the User (including changes in the amount consumed, changes in physical condition or illness, accidents, and disputes with third parties)
• Medical care, health guidance, counseling, or other professional advice
• Verification of the truthfulness or accuracy of content entered by the User
• The content of external sites and transactions conducted on external sites, and the device, iOS, the App Store, or any other Apple services

The App is not a medical device and is not intended to diagnose, treat, or prevent any disease. The figures the App displays and the text it auto-generates are no more than mechanical conversions and aggregations based on the User's input, and the Developer does not guarantee that they match actual consumption or the User's actual condition. The articles and content displayed in the App are provided as general information and are not a substitute for advice from a physician or other professional. The Developer does not guarantee any specific effect, such as a change in the amount the User drinks, resulting from use of the App.

The App does not encourage drinking. Decisions and actions regarding drinking are the User's own responsibility. If you feel unable to control your drinking, or have concerns about your health, please consult a medical institution or a public consultation service. Consultation contacts are listed on the Settings screen within the App and on the Support page.

All data recorded in the App (drinking records, weekly plans, settings, etc.) is stored entirely on the User's device. The App does not transmit recorded data to any external server. The Developer cannot view the User's records, nor can the Developer restore records on the Developer's side. Data on the device may be included in an iCloud device backup, and may be exported by the User's own action to a CSV file or to the Health app; these occur through iOS functionality or the User's own actions, and the Developer cannot view the content of the records in either case.

Data on the device may be lost due to loss, damage, or a factory reset of the device, deletion of the App, an iOS malfunction, or similar causes. The User is responsible for preserving data using standard iOS functionality such as iCloud backup. The App lets the User export recorded data as a CSV file at any time. Except where attributable to the Developer's own fault, the Developer is not liable for the loss of data on the device.

Details of the handling of the User's data are set out in the Privacy Policy.

The App's basic features (drinking records, weekly plans, the recording streak, batch settlement of unrecorded days, and CSV export) are available free of charge. These features remain free whether or not the User purchases premium features, and remain free after the free period ends.

Additional features such as insights by beverage type and the monthly review (the "Premium Features") are paid. The content and pricing of the Premium Features are shown on the App Store and on the purchase screen within the App. The Developer may revise the content of the Premium Features, but will not remove the main features shown at the time of purchase. There are two ways to purchase the Premium Features.

• One-time purchase: a single payment grants continued use of the Premium Features.
• Monthly plan: an auto-renewing monthly subscription. Unless canceled, it automatically renews at the end of each period and is charged to the User's Apple Account. The renewal charge may occur within 24 hours before the end of the period, so if you do not want it to renew, cancel at least 24 hours before the end of the period. If pricing changes, the Developer will give advance notice in accordance with the procedure Apple requires.

For 16 calendar days starting on day one, the day the App is first launched, the User can use the Premium Features free of charge without completing a purchase (the "Free Period"). The Free Period is a feature within the App and is not a free trial attached to an App Store subscription. When the Free Period ends, the Premium Features become unavailable, but billing does not begin automatically. A purchase is required to use the Premium Features after the Free Period ends. The Developer may change or discontinue the content or length of the Free Period for future users.

The monthly subscription can be canceled at any time from "Subscriptions" under the User's Apple Account in the iPhone Settings app. After canceling, the Premium Features remain available until the end of the period already paid for. Deleting the App from the device does not cancel the subscription. Purchasing the one-time purchase while a monthly subscription is active does not automatically cancel the subscription, so to avoid paying twice, the User must cancel the subscription themselves.

Purchase requests, billing, and refunds are handled through Apple and are subject to Apple's Media Services Terms and Conditions. The Developer cannot process refunds directly. To request a refund, please apply through Apple's "Report a Problem" page.

If the Premium Features become unavailable due to a device change or similar event, they can be restored by signing in with the same Apple Account used for the original purchase and selecting "Restore Purchases" within the App.

Copyright and other intellectual property rights in the App and in the text, images, programs, and other content included in the App belong to the Developer or to third parties with legitimate rights. These Terms grant the User a license to use the App personally in accordance with these Terms, and do not transfer or grant any other right to the User. Data the User records in the App belongs to the User.

The User must not do any of the following.

• Reproduce, modify, decompile, or reverse-engineer the App, or redistribute, resell, or lend it to a third party
• Interfere with the operation of the App, or use Premium Features through unauthorized means
• Reproduce or publish the App's text or images beyond the scope of personal use
• Infringe the rights of the Developer or a third party
• Use the App for a purpose that violates any law or public order and morals

If the User's violation of the preceding paragraph causes damage to the Developer, the User is liable to compensate that damage.

In the App's "Wish Gauge" feature, the User may register links to product pages on external sites such as Amazon or Rakuten. These links may generate referral fees for the Developer through affiliate programs, and any such link is labeled as an advertisement (PR). As an Amazon Associate, ReigalLabs earns from qualifying purchases.

The content of external sites, and any purchase or other transaction conducted on an external site, takes place between the User and the operator of that external site; the Developer is not involved and accepts no liability. The handling of data on external sites is governed by each site's own privacy policy.

The Developer may add, change, or remove features of the App without obtaining the User's consent. However, the Developer will not remove or make chargeable the basic features described in Article 5. The Developer does not guarantee that the App is free of defects, that it is suited to the User's purposes, or that it can be used without interruption. When the Developer becomes aware of a defect in the Premium Features, the Developer will remedy it by distributing an update through the App Store.

The Developer may discontinue provision of the App. In that case, except where an unavoidable reason exists, the Developer will give advance notice on this page and the Support page and take steps so that monthly subscriptions are not renewed thereafter. Even after provision of the App is discontinued, the App already installed on the User's device, the data on the device, and any exported CSV files remain with the User. However, the App may stop working due to an iOS update or similar cause. The Developer will not provide a refund or any other compensation in connection with the discontinuation of the App.

The Developer may transfer its position regarding the provision of the App to a third party. The User consents to this in advance, and the Developer will give notice on this page prior to any such transfer.

The User may end use of the App at any time by deleting it from the device. If the User has an active monthly subscription, it must be canceled separately using the method described in Article 5.

The Developer's obligations with respect to the App are limited to matters within the Scope defined in Article 3. For matters outside the Scope (including the User's judgment and actions regarding drinking and their consequences, changes in the User's health, and disputes with third parties), the Developer bears no obligation to guarantee any outcome or otherwise.

Except where attributable to the Developer's own fault, the Developer is also not liable for damage arising from any of the following causes.

• An input error by the User, or a decision the User made based on what the App displayed
• A malfunction of the device, iOS, the App Store, or any other Apple service, the communication environment, or a malfunction of an external site
• A violation of these Terms by the User

Where the User suffers damage attributable to the Developer's own fault in connection with the App, the Developer, except where caused by the Developer's willful misconduct or gross negligence, is liable only for the User's actual direct damages (excluding lost profits), and only up to the amount the User has paid for use of the App's Premium Features. For a User who has paid no amount for use of the Premium Features, the Developer, except where caused by the Developer's willful misconduct or gross negligence, bears no liability to compensate.

The Developer may amend these Terms without obtaining the User's individual consent in either of the following cases.

• Where the amendment serves the general interests of Users
• Where the amendment does not contradict the purpose of these Terms and is reasonable in light of the necessity for the change, the appropriateness of the content after the change, and other circumstances

When amending these Terms, the Developer will set an effective date for the amended Terms and will give notice of the amendment, its content, and the effective date, no later than the effective date, on this page and in the App Store update notes (and within the App itself where such notice can be displayed there). Amendments unfavorable to Users will be announced with a reasonable period of advance notice. The amended Terms apply from the effective date.

Even if part of these Terms is held invalid or unenforceable under applicable law, the remaining provisions continue in effect.

These Terms are governed by and construed in accordance with the laws of Japan. Any dispute arising between the User and the Developer in connection with these Terms or the App shall be subject to the exclusive jurisdiction of the district or summary court having jurisdiction over the location of the Developer's address as the court of first instance.