Terms of Service

Application

These Terms apply to the Service app, related web pages, notification functions, and all accompanying functions provided with them. When Users use external functions provided by Apple, such as its operating systems, Shortcuts, and push notifications, each provider's applicable terms also apply.

For the app distributed through the App Store operated by Apple, Users acknowledge that the license agreement under these Terms is concluded solely between the User and us, not with Apple, and that we, rather than Apple, are solely responsible for the app and its content.

These Terms do not establish any provision inconsistent with the Apple Media Services Terms and Conditions, including its Usage Rules, in force on the effective date, and Users acknowledge that they have had an opportunity to review them.

Service Description

The Service principally provides the following functions:

• A check-in function for communicating wellbeing manually or automatically.
• A notification function where there has been no check-in for a certain period.
• A function for viewing check-in history.
• A function for pairing with another person using a QR code or another method.
• Functions related to monitoring settings, notification-recipient management, and checking usage status.

Paid Plans and Subscriptions

The Service may offer usage plans or paid auto-renewing subscriptions separately specified by us, depending on matters such as the maximum number of people with whom a User can create or maintain a monitoring relationship.

• Solo: JPY 380. Up to 1 person with whom wellbeing is shared.
• Duo: JPY 580. Up to 2 people with whom wellbeing is shared.
• Family 5: JPY 980. Up to 5 people with whom wellbeing is shared.
• Family 10: JPY 1,980. Up to 10 people with whom wellbeing is shared.

• Fees, billing periods, availability of free trials, and details of provided functions for each plan are governed by the display on the purchase screen or in the App Store.
• Subscriptions through the App Store renew automatically and will continue to be charged by Apple's prescribed method unless the User cancels by the renewal date and time.
• Because Apple manages billing, renewal, refunds, changes to payment methods, cancellation procedures, and similar matters, Users shall complete procedures through the subscription management screen of their Apple Account.
• We confirm subscription status to the extent made available by Apple and apply function restrictions, but do not directly store or process payment information itself.
• If plan details or usage limits change, we will endeavor to provide notice through in-app displays, this page, App Store displays, or similar methods.

Accounts and Conditions of Use

• Users shall register true and current information and manage their accounts at their own responsibility.
• Users are responsible for disadvantages caused by inadequate management of login information or devices, except where caused by our willful misconduct or gross negligence.
• Minors must use the Service only after obtaining consent from a legal representative or other guardian.
• Even where one User monitors multiple people or is monitored by multiple people, no relationship may be established without the other party's consent.

Check-in Function and Notifications

• The automatic check-in function depends on iPhone Shortcuts and automation settings, notification settings, network conditions, power status, and similar factors.
• Users are responsible for setting and confirming which actions trigger sending a check-in.
• Notifications regarding missed check-ins may be delayed, undelivered, or duplicated due to network conditions, OS restrictions, device settings, or other circumstances.
• The Service does not guarantee a User's wellbeing, whereabouts, actions, or receipt or confirmation by the other party.

Pairing and Sharing

Within the scope necessary for monitoring, information such as whether check-ins have occurred, transmission times, history, and whether a person is subject to notification is shared with a paired person through the Service. Users must select the people with whom information will be shared and promptly cancel linkage when it is no longer needed.

• Using a third party's device without permission to perform pairing is prohibited.
• Users must not use the Service against the other party's will for monitoring, tracking, harassment, control, or any other improper purpose.
• The Service is not intended to share continuous location information or health information.

Prohibited Conduct

Users must not engage in the following conduct when using the Service:

• Conduct contrary to laws or public order and morals.
• Impersonation, registration of false information, or registration of third-party information without permission.
• Creating or continuing a monitoring relationship without the other party's consent.
• Stalking, domestic violence, harassment, monitoring, or other conduct infringing the rights or interests of another party.
• Imposing excessive loads on the Service or servers, unauthorized access, reverse engineering, or similar conduct.
• Conduct interfering with operation of the Service.

Ownership of Rights

Programs, designs, text, trademarks, and other intellectual property rights related to the Service belong to us or their legitimate rights holders. Users must not use them beyond the extent necessary for ordinary use of the Service.

Changes, Interruptions, Suspension, or Termination

We may change, interrupt, suspend, or terminate all or part of the Service where required for maintenance, incident response, specification changes, legal compliance, or other necessity. We will endeavor to announce material changes in the app or on related pages.

Additional App Store Terms

This section applies where a User obtains the app version of the Service through Apple's App Store. If this section conflicts with any other provision, this section prevails with respect to the app version distributed through the App Store.

• The rights granted to the User for the app version of the Service are limited to a non-transferable, non-exclusive license to use the app on Apple-branded products that the User owns or controls in accordance with the Usage Rules in the Apple Media Services Terms and Conditions, including where access is permitted through Family Sharing or volume purchasing.
• Maintenance and support for the Service shall be provided solely by us, or addressed by us to the extent legally required, and Apple has no obligation to provide them.
• To the extent any express or statutory warranty is recognized for the Service, we bear responsibility for it. If the app fails to conform to an applicable warranty, the User may notify Apple, and Apple may refund the purchase price paid for the app. To the maximum extent permitted by law, Apple has no other warranty obligation, and we are responsible for other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty.
• We, rather than Apple, are responsible for any claims brought by a User or third party relating to the Service or the User's possession or use of it, including product-liability claims, claims that the Service fails to meet applicable legal or regulatory requirements, claims under consumer protection, privacy, or similar legislation, and related claims if the Service uses HealthKit or HomeKit.
• If any claim is made that the Service or a User's possession or use of it infringes a third party's intellectual property rights, we alone are responsible for investigation, defense, settlement, and resolution of that claim, and Apple is not responsible.
• Users represent and warrant that they are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a terrorist-supporting country, and that they are not listed on any U.S. Government list of prohibited or restricted parties.
• Users shall comply with applicable terms of use prescribed by Apple or any other third party when using the Service and must not use it in a manner that violates third-party conditions such as carrier service contracts, data communication contracts, or device terms of use.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Upon the User's acceptance of these Terms, Apple shall have and be deemed to have accepted the right to enforce these Terms against the User as a third-party beneficiary.
• Nothing in these Terms limits our liability or a User's rights to any extent not permitted under applicable laws.

Disclaimers

• We do not warrant that the Service will meet a particular purpose expected by a User, remain continuously available, or be free from malfunction.
• Unless caused by our willful misconduct or gross negligence, we are not responsible for damage arising from communication failure, device failure, changes in OS or external service specifications, failure to deliver notifications, failure of automations to run, or similar causes.
• Disputes between Users or between a User and a third party shall be resolved between those parties.
• Even where we bear liability for damage arising from use of the Service, unless caused by our willful misconduct or gross negligence, liability is limited to ordinary and direct damages actually suffered by the User.

Withdrawal and Suspension of Use

• Users may terminate use of the Service by our prescribed method.
• If a User violates these Terms, or if we reasonably determine that it is inappropriate for operation of the Service, we may without prior notice suspend use, cancel pairing, delete data, or take other necessary measures.

Changes to These Terms

We may amend these Terms as necessary. Amended Terms shall take effect when published on this page or by another appropriate method.

Governing Law and Jurisdiction

These Terms are governed by the laws of Japan. If a dispute concerning the Service arises between us and a User, the court having jurisdiction over our location shall have exclusive agreed jurisdiction as the court of first instance.

Contact

For inquiries concerning these Terms, please contact:

• Developer: Soichiro Ochi
• Address: Denenchofu, Ota City, Tokyo, Japan
• Telephone: 090-2893-1418
• Email: support@spotgram.jp