These terms of use (hereinafter referred to as the " Terms of Use ") shall be governed by and construed in accordance with the laws of Japan. This agreement (hereinafter referred to as the "Agreement") applies to the counseling service "COBEYA" (hereinafter referred to as the "Service") operated by MindWell, Inc. (hereinafter referred to as "the Company", "We").
The following terms are used in this agreement.
(1) "Content" means text, audio, music, images, video, software, programs, code, and other information.
(2) "the Content" means advice or counseling and other content accessible through the Service.
(3) "Chat Counseling" means the sending and receiving of content in a chat room between a client (hereinafter referred to as the "the Customer", "You") and a counselor or other professional (hereinafter referred to as the "Experts") within the Services.
(4) "Video Call Counseling" means a part of the Service that is provided through a video call between you and an Expert via a function provided by the Company.
(5) "Individual Terms of Use" means the terms of use distributed or posted by the Company separately from the Terms of Use under such names as " Terms of Use", "Guidelines", "Policies" and the like with respect to the Services.
(1) You shall use the Services in accordance with the provisions of the Terms of Use, and you may not use the Services unless they agree to the provisions of the Terms of Use.
(2) If you are a minor, you must obtain the consent of a legal representative such as a person with parental authority before using the Service.
(1) Account registration is required to use the Service. The account will be used to authenticate your use of the Service.
(2) When registering for an account, you must register true, accurate, and complete information, and you must always revise your information to keep it current.
(3) We may deny your registration or re-registration for any of the following reasons, and we are not obligated to disclose the reasons for such denial.
a. If you are under 18 years of age.
b. If you are over 18 but under 20 years of age and do not have the consent of a parent, guardian, or other legal representative to use the Service.
c. If you are currently receiving psychological guidance from a physician or other professional and do not have the permission of the professional to use the Service.
d. When there is a fear of self-harm or other harm.
e. If you wish to receive medical treatment or other services that we are unable to provide.
f. If our experts determine that there is a possibility of worsening of symptoms related to your pre-existing disease or disability.
g. If there is any falsehood, error, or omission in all or part of the registration information provided to us.
h. If you are an adult ward, person under curatorship, or person under assistance, and have not obtained the consent of your legal representative, guardian, assistant, or supporter.
i. If you are an anti-social force, etc. (meaning organized crime groups, members of organized crime groups, right-wing groups, anti-social forces, or other similar persons. The same shall apply hereinafter).
j. If the Company determines that the customer has violated a contract with the Company in the past, or is related to such a person.
k. If the account registrant is not the person who uses the Service.
l. In addition to a. through k. above, if the Company reasonably determines that the provision of the Service is not appropriate.
(4) When you register your authentication information for use of the Service, you must manage it strictly at your own risk to prevent its unauthorized use. The Company may deem any and all acts performed using the registered authentication information to have been performed by the customer him/herself.
(5) Customers who have registered for the Service may delete their accounts and cancel their membership at any time.
(6) If you have not used the Service for two years from the date of your last use of the Service, we may delete your usage history and information about you without prior notice to you.
(7) When an account is deleted, the Service usage history and other information about the customer will disappear. Please note that even if a customer accidentally deletes his/her account, it cannot be restored.
(8) The account for the Service belongs to the customer on a personal and exclusive basis. All rights of use of the Service by the customer may not be transferred, loaned, or otherwise disposed of or inherited by a third party.
(1) We respect your privacy.
(2) We handle your privacy and personal information appropriately in accordance with our Privacy Policy.
(3) We take the utmost security precautions to ensure that the information we collect from you is secure.
All rights (including but not limited to intellectual property rights such as copyrights, trademarks, and patents) related to the Service belong to the Company or third parties who have granted the Company the rights.
(1) You shall, at your own expense and responsibility, provide the necessary personal computer, cellular phone, smart phone, other communications equipment, operating system, means of communication, and electric power, etc. to use the Service.
(2) The Company may provide the Service, in whole or in part, only to customers who meet the requirements for age, identity verification, registration information, and any other conditions the Company deems necessary.
(3) The Company grants you a non-exclusive right to use the Service and the Consulted Content in accordance with these Terms of Use and the terms of use posted within the Service. You may not assign, rent, sublicense, or otherwise dispose of or inherit the right to use the Service and the Contents to any third party, and you are granted only the right to use the Service and the Consultation Contents for the sole purpose of using them within the Service. You may not use (including reproduction, transmission, recording, reprinting, or modification) the Content beyond the manner of use contemplated by the Service.
(4) When using the Service, you shall not consult or post or make statements regarding the following matters or related matters. If the Company reasonably determines that the contents of your consultation correspond or may correspond to any of the following matters, or that there is a reasonable business need to do so, the Company may, without prior notice to you, restrict your use of the Service by such means as discontinuing provision of the Service.
a. Consultations for legal, tax, or other matters, diagnosis of illness, or examination of pets for which you are legally obligated to consult a qualified person.
b. Requests for referrals or mediation for specific employment opportunities or job changes.
c. Matters related to specific insurance products.
d. Matters involving the life or death of a person.
e. Gambling, stock, or investment predictions.
f. Passing or failing an examination.
g. Matters related to celebrities and entertainers.
h. Inquiries about finding someone.
i. Inquiries about lost property, etc.
j. Involvement in criminal or other infringements of rights or offenses against public order and morals.
k. Involving solicitation or information gathering by a peer.
l. Unreasonable inquiries or requests to the professional, such as personal questions, harassment, or slander regarding the professional.
m. Excessive sexual remarks or content.
n. Contents that are far removed from consultation or are deemed to have a primary purpose other than consultation.
o. Contents that do not fall within the scope of the consultation categories that can be provided by the Expert through the Service.
p. Any other content that the Company deems inappropriate for the Service.
(5) The Service is intended for consultation and counseling (provided, however, that it does not violate the Medical Practitioners Act, the Lawyers Act, or other laws and regulations, and only to the extent that it does not conflict with any of the items in the preceding paragraph). The Company does not guarantee the effectiveness, reliability, accuracy, completeness, effectiveness, feasibility, improvement, or resolution of problems, etc. with respect to the Contents.
(6) The Company does not guarantee that the Services will be provided in accordance with national or other qualifications under the law.
(7) Minebea may change all or part of the Service at any time without prior notice to you if Minebea deems it necessary.
(8) In any of the following cases, the Company may suspend provision of all or part of the Service without prior notice to the customer.
a. When performing system maintenance or repair.
b. In the event that provision of the Service becomes impossible due to an accident such as fire or power failure, natural disaster, war, riot, labor dispute, or other force majeures.
c. In the event of system failure or system overload.
d. In the event of an emergency to ensure the safety of the customer or a third party or in the public interest.
e. In addition to the cases specified in a. through d. above, when the Company reasonably determines that such action is necessary.
(1) You agree that the contents of consultations, photos, etc., posted or made through video calls or chats within the Service (hereinafter collectively referred to as "Consultation Content") shall be governed by these Terms of Use.
(2) You shall follow the method prescribed by the Company when consulting or posting.
(3) When using the Service, you shall consult or post at your own risk, and you shall bear all responsibility for the act of consulting or posting and the results thereof.
(4) You agree in advance that under no circumstances will the Company be able to return or give back any consultation or other Content.
(5) For the purpose of providing the Service and maintaining and improving the quality of the Service, etc., the Company and those authorized by the Company may confirm the contents of the Content, as long as such confirmation does not violate any laws or regulations. However, the Company shall not be obligated to perform such confirmation.
(6) You agree that the Content may be viewed by a third party if the third party is invited to the location where the Content is accessed.
(7) You shall respect the privacy and reputation of third parties when using the Service, and shall obtain the prior consent of such third parties when using matters related to them as content for consultation or posting.
(8) In the event that we reasonably determine that Content violates or may violate laws, regulations, or these Terms of Use, or that there is a reasonable business need to do so, we may restrict use of the Service by deleting the Content or by other means without prior notice to you; and We may take any other measures that we reasonably deem necessary and appropriate at our discretion, including account suspension or deletion. However, the Company shall not be obligated to take such measures.
(9) For the purpose of checking the quality of the Service, etc., the Company may view or record the contents of consultations, etc., as long as such viewing or recording does not violate any laws or regulations.
(1) You may only use the video call counseling service through the video call feature provided by us, and may not receive video call counseling through any means other than the video call feature.
(2) The duration of the video call counseling shall be calculated on a minute-by-minute basis from the beginning of the call to the end of the call, with any portion of the call time less than one minute rounded down.
(3) You agree in advance that if the call is disconnected in the middle of a video call counseling session, regardless of the reason, we may charge you the usage fee up to the point of disconnection.
(1) Only payment methods designated by the Company, such as credit cards and Apple Pay, may be used for the Service. Such payment methods may include payment services provided by third parties other than the Company. Please check the terms of use of such payment methods as they are subject to the terms of use stipulated by the third party that provides such payment services.
(2) In the event that a customer using credit card payment fails to settle the usage fee for the Service through a payment service provided by a third party, regardless of the reason, such as incomplete entry of credit card information registered by the customer, expiration of the expiration date, or exceeding of the credit limit, the Company or the provider of such payment service will not be liable for any loss or damage arising from the failure of the customer to pay for the Service. In such cases, we or the provider of such payment service may demand payment of the fees for the Service. If you receive such a demand, you shall immediately take necessary measures to settle the fees for the Service on the payment service provided by the third party, such as registering your credit card information to enable payment, and pay the fees.
(3) If you have any unpaid usage fees for the Service (excluding those that have not yet become due and payable through a payment service provided by a third party), the Company shall pay such unpaid fees to you.
(1) You may receive services for which you pay a certain amount of consideration for use for a certain period of time with respect to specific Content designated by the Company (hereinafter referred to as the "Subscription Services") for a fee or under terms of use specified by the Company. You shall comply with the fees, payment methods, and other terms and conditions for the Subscription Service posted in these Terms of Use, the Service, or on the Company's website..
(2) You may cancel the Subscription Service at any time. However, even if you cancel the Subscription Service in the middle of the scheduled subscription period, such subscription period cannot be changed and the purchase cannot be cancelled. In such a case, fees already paid will not be refunded, nor will pro-rated refunds be made. However, this shall not apply when required by law..
(3) If you do not complete the cancellation procedure for the Subscription Service by the specified date and time, the subscription period may be automatically renewed in accordance with our specified conditions even after the Subscription Service subscription period expires.
The Company may change the Terms of Use within the scope of the purpose of the Service, if the Company deems it necessary. In such cases, the Company shall make the contents of the amended Terms of Use and the effective date known to customers by displaying the amended Terms of Use on the Service or the Company's website, or by notifying customers in a manner determined by the Company. The amended Terms of Use shall become effective on the effective date.
The Company prohibits the following acts by customers in connection with the Service.
(1) Actions that violate laws and regulations, court judgments, decisions or orders, or legally binding administrative measures.
(2) Any act that may be contrary to public order or good morals.
(3) Any act that infringes on the copyrights, trademarks, patents or other intellectual property rights, honor rights, privacy rights, or other legal or contractual rights of the Company or any third party.
(4) Posting or transmitting excessively violent expressions, sexually explicit expressions, expressions equivalent to child pornography or child abuse, expressions that lead to discrimination based on race, nationality, creed, gender, social status, family origin, etc., expressions that induce or encourage suicide, self-harm, or drug abuse, or other expressions that include antisocial content and cause discomfort to others.
(5) To impersonate the Company or a third party or to intentionally distribute false information.
(6) Exchanging the right to use the Service or the Contents for cash, goods, or other economic benefits in a manner other than that stipulated by the Company.
(7) Any act for the purpose of sales, publicity, advertising, solicitation, or any other commercial purpose.
(8) Profit-sharing or other acts of cooperation with antisocial forces.
(9) Any act that unlawfully collects, discloses, or provides personal information, registration information, or usage history information, etc. of others.
(10) Interfering with the server or network system of the Service, using BOTs, cheat tools, or other technical means to illegally operate the Service, intentionally taking advantage of a malfunction of the Service, repeating similar questions more than necessary, making unreasonable inquiries or demands of the Company, or any other act by the Company that would cause a problem with the Service or the network system.
(11) Reverse engineering, disassembling, or otherwise deciphering the source code for an improper purpose or in an unauthorized manner.
(12) Actions that assist or encourage any of the actions listed in (1) through (11) above.
(13) In addition to the acts specified in (1) through (12) above, acts that are reasonably deemed inappropriate by the Company.
(1) You shall use the Service at your own risk and shall be fully responsible for any and all acts you perform on the Service and the results thereof.
(2) If you fall under any of the following or there is a risk that you may fall under any of the following, we may, without prior notice to you, suspend your use of all or part of the Service, suspend or delete your account, terminate the contract (including the contract based on these Terms of Use. The same shall apply hereinafter) between you and us regarding the Service, or take any other action that we reasonably deem necessary and appropriate.
a. If any of the items in Article 3.3 applies.
b. In the event of violation of applicable laws and regulations, these Terms of Use, or Individual Terms of Use.
c. In the event that the Company's reputation is damaged by spreading rumors, using deception, force, or other wrongful means.
d. If we reasonably determine that you have suffered a seizure, provisional seizure, petition for auction, or the commencement of bankruptcy proceedings, civil rehabilitation proceedings, or similar proceedings, or that you have suffered other credit concerns.
e. In addition to a through d above, if the Company reasonably determines that the relationship of trust with the customer has been lost or that it is no longer appropriate to provide the Service to the customer.
(3) If the Company suffers any direct or indirect damage (including the burden of attorney's fees) as a result of your use of the Service (including cases in which the Company receives a claim from a third party due to the use of the Service by a customer), you must immediately compensate the Company for such damages in accordance with the Company's claim.
(1) We make no warranty, express or implied, that the Services (including the Content) will be free from defects (including security or other defects, errors or bugs, or infringement of rights), or that they are secure, reliable, accurate, complete, valid, or fit for a particular purpose. We are under no obligation to remove such defects and provide the Service to you.
(2) The effectiveness of the Services may vary from person to person, and the Company does not guarantee the effectiveness or efficacy of the Services.
(1) The Company shall not be liable for any and all damages incurred by the customer arising from the Service, except in cases arising from the Company's willful misconduct or gross negligence. However, in the event that a contract between a customer and the Company is a consumer contract as defined in the Consumer Contract Act (hereinafter referred to as the "Consumer Contract"), the Company shall not be liable to compensate for damages caused by lost profits or other special circumstances, but shall be liable for damages within the scope of damages that would normally arise and, in the case of paid services, up to the amount of the usage fee for the service received from the customer for the month in which the relevant damages arose.
(2) If the customer suffers damages due to gross negligence on the part of the Company, the Company shall not be liable for damages caused by lost profits or other special circumstances, but shall be liable for damages within the scope of damages that would ordinarily arise and up to the amount of the usage fees for the Service received from the customer in the month the damages occurred for the Service for which a fee is charged. However, this shall not apply if the contract between the customer and the Company regarding the Service constitutes a consumer contract.
If any provision of these Terms of Use is held to be contrary to the Consumer Contract Act or other laws and regulations applicable to the contract between a customer and the Company concerning the Service, such provision shall not apply to the contract with the customer to that extent. However, even in such a case, this shall not affect the validity of the other provisions of these Terms of Use.
(1) Contact from the Company to the Customer regarding the Service shall be made by posting on the Service or in an appropriate location on the Company's website, or by any other method deemed appropriate by the Company.
(2) Any contact from the customer to the Company regarding the Service shall be made by sending an inquiry form to be placed at an appropriate location within the Service or the Company's website, or by any other method designated by the Company.
These Terms of Use shall be written in Japanese and shall be governed by and construed in accordance with the laws of Japan. The Tokyo District Court shall have exclusive jurisdiction in the first instance over any dispute arising out of or in connection with the Service between you and the Company.
Enacted on September 22, 2020
Revised on May 18, 2022