Terms of Service

1. Scope

These Terms apply to all relations between us and you in connection with your use of the Service.

Any rules, notices, or guidelines regarding the Service that we publish within the app or on our website form part of these Terms.

If the content of these Terms conflicts with the rules described in the preceding paragraph, these Terms prevail.

2. Definitions

In these Terms, the following terms have the meanings set out below.

• "App" means the application through which we distribute the Service via the App Store.
• "App Restriction Feature" means the feature of the Service that restricts the use of applications you select in advance until you meet a step count or other condition that we specify.
• "Paid Plan" means the features of the Service that are available in exchange for payment.
• "Intellectual Property Rights" means copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights, including the right to acquire such rights and to apply for their registration.

3. Use of the Service

The Service does not require you to create an account. By downloading, accessing, or using the Service, you agree to these Terms.

You are responsible for arranging, at your own cost and risk, the devices, software, network connections, and other conditions necessary to use the Service.

If you are a minor, you must obtain the consent of a parent or other legal guardian before using the Service.

4. Device Permissions

In order to provide its features, the Service may ask you to grant the following permissions on your device. Granting them is voluntary, and you may revoke them at any time from the iOS Settings app.

• Health and Motion (step count): to read your step count for the current day from Health and from this device's motion coprocessor, to determine whether the conditions for lifting an app restriction are met, and to display it on screen.
• Screen Time (Family Controls): to apply the App Restriction Feature to the applications you select.
• Media & Apple Music: to display information about the track currently playing.

If you revoke a permission, some or all of the Service may become unavailable. For how we handle information obtained through these permissions, please see our Privacy Policy.

5. Paid Plans

Paid Plans are offered as a one-time in-app purchase (non-consumable) through the App Store. Prices and other conditions are as displayed on the purchase screen within the App.

A Paid Plan is a single payment. It does not renew automatically and there is no recurring charge.

If you change devices or reinstall the App, you can carry your purchase over from “Restore Purchases” within the App, using the same Apple Account you purchased with.

Payment, refunds, and related matters for Paid Plans are governed by Apple's terms, and we have no authority to decide whether a refund is granted.

We may change the content and pricing of Paid Plans. In that case, we will give advance notice of the change and its effective date within the App or on our website.

6. Prohibited Conduct

You must not do any of the following when using the Service.

• Violate any law or public order and morals.
• Engage in conduct connected to criminal activity.
• Infringe the Intellectual Property Rights, reputation, credit, privacy, or other rights or interests of us, other users, or third parties.
• Destroy or interfere with the functioning of the servers or networks used for the Service.
• Decompile, disassemble, reverse engineer, or otherwise analyze the App.
• Manipulate step counts or other measurements by improper means, or improperly circumvent the App Restriction Feature.
• Use the Service for commercial purposes without our permission.
• Impersonate us or intentionally transmit false information.
• Engage in any other conduct that we reasonably determine to be inappropriate.

7. Suspension of the Service

We may suspend or interrupt all or part of the Service without prior notice to you in any of the following cases.

• When we carry out maintenance or inspection of the systems used for the Service.
• When providing the Service becomes difficult due to earthquake, lightning, fire, power failure, natural disaster, or other force majeure.
• When computers or communication lines stop due to an accident.
• When we otherwise reasonably determine that providing the Service is difficult.

We are not liable for any damage suffered by you as a result of measures taken under this Article.

8. Ownership of Rights

All Intellectual Property Rights relating to the Service and the App belong to us or to those who have licensed them to us. The permission to use the Service granted under these Terms does not constitute a license to use any Intellectual Property Rights of ours or of our licensors.

You are granted a non-exclusive, non-transferable right to use the App on devices under your control in accordance with these Terms.

9. Health and Safety Disclaimer

The Service is intended to encourage everyday physical activity and is not a medical device. It is not intended to diagnose, treat, prevent, or otherwise address any disease, and it is not a substitute for advice from a physician or other qualified professional.

Step counts and other figures displayed by the Service are values obtained from your device's sensors and operating system, and we do not warrant their accuracy.

You must use the Service with due attention to your physical condition and your surroundings. In particular, looking at the App or your device while walking may cause falls, collisions, or other accidents.

If you have a pre-existing medical condition, are pregnant, or otherwise need to take care when exercising, please consult a physician before using the Service.

Except in cases of our willful misconduct or gross negligence, we are not liable for any physical injury, illness, or other health-related outcome arising in connection with your use of the Service.

10. App Restriction Feature Disclaimer

The App Restriction Feature is implemented using functionality provided by Apple's operating system, and we do not warrant that it will completely prevent the use of the applications concerned. Restrictions may fail to apply or may be lifted due to the specifications of the operating system, changes to settings, restarting the device, reinstalling an application, or other causes.

You are responsible for choosing which applications to restrict, and you should not select applications that you may need in an emergency, including those providing calling, mapping, or payment functions.

Except in cases of our willful misconduct or gross negligence, we are not liable for any damage arising from the App Restriction Feature being applied or failing to be applied.

11. Disclaimer of Warranties and Limitation of Liability

We make no warranty, express or implied, that the Service is fit for your particular purpose, that it has the functions, accuracy, or usefulness you expect, or that it will remain continuously available.

Except in cases of our willful misconduct or gross negligence, we are not liable for any damage suffered by you in connection with the Service.

Notwithstanding the preceding paragraph, where we are liable to you for damages, the amount of such damages is limited to the total amount you paid to us for Paid Plans during the three months preceding the occurrence of the damage.

This Article does not apply to the extent that applicable mandatory law does not permit our liability to be excluded or limited. Nothing in these Terms limits any rights you may have under the consumer protection laws of your country of residence.

12. Handling of User Information

Our handling of your information is governed by our separately published Privacy Policy, and you agree to it.

13. Changes to These Terms

We may change these Terms where we determine it necessary to do so.

When we change these Terms, we will publicize the content of the amended Terms and their effective date by displaying them within the App or on our website. Where a change requires your consent under applicable law, we will obtain that consent by the method prescribed by law.

14. Contact and Notices

Inquiries and other communications from you to us regarding the Service should be made by the method we designate or by email to hello@dopawalk.com.

Notices from us to you will be given by display within the App, by posting on our website, or by any other method we consider appropriate.

15. Assignment

You may not assign, transfer, or pledge as security your contractual position regarding use of the Service or any rights or obligations under these Terms to a third party without our prior written consent.

If we transfer the business relating to the Service to a third party, we may transfer our contractual position regarding use of the Service to the transferee as part of that business transfer, and you consent in advance to such transfer.

16. Severability

Even if any provision of these Terms, or any part of a provision, is held invalid or unenforceable under applicable law, the remaining provisions of these Terms and the remaining part of any partially invalid or unenforceable provision remain in full force and effect.

17. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Japan.

In the event of a dispute regarding the Service, the Fukuoka District Court shall have exclusive jurisdiction as the court of first instance. This does not deprive you of the protection of any mandatory provisions of the law of your country of residence.