These Terms of Service (hereinafter referred to as the "Terms") define the terms and conditions for using the smartphone application "SmTimes" (hereinafter referred to as the "App") provided by ModestLab (hereinafter referred to as the "Provider"). All users who download or use this App (hereinafter referred to as the "User" or "Users") must agree to and comply with these Terms. By downloading or using the App, the User is deemed to have accepted and agreed to be bound by these Terms.
Article 1 (Applicability)
These Terms shall apply to all relationships and interactions between the User and the Provider regarding the use of the App.
Article 2 (Purpose of the App, Disclaimers, and Non-Medical Purpose)
1. The App is a tool designed to help Users pace their smoking based on a self-imposed target number of cigarettes and to assist in preventing over-smoking.
2. The App is not a medical device, a medical program, or a method for clinical smoking cessation therapy. The Provider does not guarantee in any way that using the App will result in successful smoking reduction, smoking cessation, or the improvement or maintenance of the User's health.
3. Users shall monitor their own health and physical condition with due care and use the App entirely at their own risk. The Provider shall bear no liability or responsibility for any health damage, mental distress, or any other damages incurred by the User arising from or in connection with the use of the App.
Article 3 (Data Storage, Loss, and Disclaimer)
1. All data, including smoking logs and settings entered into the App, is stored locally and exclusively within the User's smartphone device. Data is never backed up or stored on the Provider's servers.
2. Consequently, if the App is deleted from the device, or if data is lost due to device loss, malfunction, hardware damage, or upgrading to a new model, the recorded data cannot be recovered. The Provider shall bear no responsibility or liability for any loss or damages incurred by the User due to data loss.
Article 4 (Fees and Refunds)
1. The App is a paid, one-time purchase application. The purchase price shall be the amount displayed on the product page of each respective app store (App Store, Google Play, etc.).
2. Due to the digital nature of the product, please note that all purchases are final. The Provider cannot accommodate returns, cancellations, or refunds for any reason whatsoever after the purchase is completed.
Article 5 (Prohibited Actions)
When using the App, Users are prohibited from engaging in any of the following acts:
1. Acts that violate applicable laws, regulations, or public order and morals.
2. Acts related to or promoting criminal behavior.
3. Acts that infringe upon the intellectual property rights, privacy, or any other rights of the Provider, other users of the App, or any third party.
4. Modifying, reverse engineering, decompiling, or disassembling the App's source code or software.
5. Using any information obtained through the App for commercial or lucrative purposes.
6. Any other actions deemed inappropriate or unsuitable by the Provider.
Article 6 (Intellectual Property Rights)
All intellectual property rights (including copyrights, trademarks, etc.) regarding the App's programs, designs, texts, graphics, and images belong entirely to the Provider or its legitimate licensors. Users are granted a limited right to use the App solely for personal, non-commercial purposes.
Article 7 (Suspension and Modification of the App)
1. The Provider reserves the right to suspend or interrupt the provision of all or part of the App without prior notice to Users if any of the following events occur:
・When performing system maintenance, inspections, or updates related to the App.
・When the provision of the App becomes difficult due to force majeure, including earthquakes, lightning, fires, power outages, or other natural disasters.
・In any other cases where the Provider deems it difficult or impractical to continue providing the App.
2. The Provider may modify the content of the App or terminate its provision entirely without prior notice to Users. The Provider shall bear no responsibility or liability for any damages or disadvantages incurred by Users resulting from such modifications or termination.
Article 8 (Changes to the Terms of Service)
The Provider reserves the right to modify these Terms at any time without prior notice to Users whenever deemed necessary. If a User continues to use the App after any modifications to these Terms have been made, the User shall be deemed to have accepted and agreed to the revised Terms.
Article 9 (Governing Law and Jurisdiction)
1. These Terms shall be governed by and construed in accordance with the laws of Japan.
2. In the event that any dispute arises in connection with the App, the courts having jurisdiction over the location of the Provider shall have exclusive primary jurisdiction as the agreed court of jurisdiction.
Supplementary Provisions
Established and Effective: March 17, 2026