ENGLISH / JAPANESE
HEART SHAKER’s mission is 「Realize the Thankful World」. This mission will be constantly reviewed and improved. HEART SHAKER’s services will constantly be built according to the mission of each improvement.
◎ Contents included on this page
This page prescribes the policies related to the HEART SHAKER mobile app including,
Basic Policy on Appropriate Handling of Specific Personal Information, etc.
HEART SHAKER Terms of Service
UBSCRIPTION TERMS AND CONDITIONS
Additional terms: HEART SHAKER-CSERT
◎ Service provider
The corporations that provide HEART SHAKER services are as follows.
General Incorporated Association HEART SHAKER
Abbreviation: HEART SHAKER
1-1-3 NARUSE MACHIDA TOKYO
◎ About age restrictions
For HEART SHAKER’s services, we would like to spread the usefulness of being 「Thankful」to all age groups. Therefore, there is no age restriction as of now.
However, if we offer a new service or a new area of an existing service especially for certain age groups in the future, involving sending and receiving of「Gratitude」between each other, we will promptly provide a cautionary note before using the service individually. We will use the additional terms to alert the user and ask for their consent to the additional terms before proceed.
Users should comply with age restrictions in line with their precautionary statements.
◎About the relationship between users and HEART SHAKER
HEART SHAKER wants to experience the importance of being 「Thankful」 and being 「Being Thanked for」together with users and spreading it to the world.
HEART SHAKER will do its best to ensure that users who follow the rules stipulated on this page can fully use this service.
◎What users can expect from HEART SHAKER
In accordance with our mission, 「Realize the Thankful World」, HEART SHAKER will provide services that allow users to experience the excitement that will shake your heart by 「Thanking」and 「Being Thanked by」someone.
By sending 「Gratitude」 to each other, we will shine the spotlight on people, things, companies, and organizations that shake our hearts and share them with other users.
In addition, we will do indexation of the 「Gratitude」and express it in a visible form. We will certify the people, goods, companies, and organizations based on the index score.
Through the services of HEART SHAKER, users will be able to approach people, goods, companies, and organizations that have been THANKU Certified safely and easily.
◎Improvement of HEART SHAKER service
HEART SHAKER intends to accept a wide range of user participation for service improvement, new service proposals, and service management. We would like to continuously improve the service in cooperation with the users and the planning/developer staff of HEART SHAKER. We would like to improve the functions, implement the new functions, terminate the functions, etc. according to the enthusiasm of the users and the staff of HEART SHAKER.
When terminating the service, we will notify the user in advance and provide an opportunity to export the existing data.
However, we may not be able to provide an opportunity to export data if it is deemed necessary to prevent fraudulent activities from the legal requirements point of view, or if there is an emergency case such as security measures.
◎What HEART SHAKER expects from users
Strict adherence to various rules, Terms of Service, and additional terms stipulated on this page.
Respect for others, permission to use users’ contents.
Please refer to the Terms of Service for prohibitions and content licenses.
（Basic Policy on the Personal Information Protection）
Enactment: March 31, 2021
General Incorporated Association HEART SHAKER
Representative Director Kaneto Kanemoto
1. When we directly acquire personal information, etc., we will clarify the purpose of use and acquisition method in advance and acquire it with the consent of the user. However, if the purpose of the use is clear at the time of acquisition, the clarification of the purpose of use may be omitted.
2. When handling personal information, etc., we will continuously take reasonable safety measures and corrective/preventive measures in terms of technology and organization for safety management such as prevention of destruction, leakage, loss, falsification, and damage.
3. The Company will not disclose or provide the personal information, etc. provided to a third party without the consent of the individual, unless it is based on laws and regulations or a separate declaration is made based on laws and regulations.
4. Regarding any complaints and consultations regarding the handling of personal information, etc., we will set up a complaint/consultation counter regarding personal information, etc. and respond in good faith. In addition, we will respond to any requests for disclosure, correction, suspension of use, etc. of personal information based on the Personal Information Protection Law within a reasonable period and a reasonable range after confirmation of the user’s identity.
5. Personal information, etc. acquired by our company will be handled as follows.
(1) Definition of personal information
In this policy, personal information refers to the information about living individuals fall under any of the following items.
1. Name, date of birth, and other descriptions contained in the information (documents, drawings or electromagnetic records (It refers to the records created by electromagnetic methods such as electronic method, magnetic method, or other methods that cannot be recognized by human perception) described or recorded or expressed using voice, movement or other methods (excluding personal identification code) that can be used to identify a specific individual (including those that can be easily collated with other information, thereby identifying a specific individual).
2. Those that include a personal identification code
(2) Contents of personal information to be acquired
We acquire users’ personal information such as name, user name, password, postal code, address, email address, gender, nationality, date of birth (age), occupation, hobbies, and log information related to the use of the Internet that includes customer number, cookie, IP address, contractor / unique device ID, usage environment and pages viewed by the user. This information is collectively called personal information.
(3) Method of obtaining personal information, etc.
We can obtain the personal information of users by any of the following methods.
1. User directly enter the information on the screen or document (including e-mail) on our designated website and application
2. User communicates to the Company verbally by phone or face-to-face.
3. Other methods specified by the Company.
In addition, when a user uses a service that can be used by Internet users (hereinafter referred to as 「the Company’s service」) provided on the web operated by the Company, personal information, etc. is automatically collected from the user’s browser and application and will be sent to and recorded on the server of each of the Company’s services.
(4) Purpose of use of personal information, etc.
Personal information, etc. acquired by the Company shall be used for the following purposes and shall not be used for any other purpose. If the Company uses it for any purpose other than the followings, the user will be notified in advance.
<The usage of the personal information of the users using our services etc.>
1. To send users the necessary notifications, such as important notifications and maintenance information upon providing the Company’s service.
2. To accurately notify information such as special services and campaigns
3. Information on the services provided by the Company or products or services of its affiliates that may be useful to the individual users is displayed on the web page of the Services accessed by the user or on the user’s terminal, sent by newsletter, e-mail, or post. (Please take note that the user may suspend or resume the handling of these by notifying the Company using the method determined by the Company separately)
4. For sending and contacting the users about any gifts for various campaigns.
5. For conducting surveys on the usage status, usage environment, posted content, etc., and for creating and using statistical data to the extent that no individual can be identified.
6. For responding to user inquiries, identity verification, and various procedures
7. To respond to disputes, proceedings, etc.
8. To enhance the contents of the services etc.
<Personal information for business associates>
1. For the proposal of our service, business meetings, negotiations, the conclusion of the contract, fulfillment of contract, and communication necessary for the business.
2. For management of the business partner information
<Personal information for participants in seminars and events>
1. For contacting and sending materials regarding seminars and events.
2. For operation management of seminars, events, etc.
<Personal information of the applicants for our recruitment selection>
1. For contacting and notifying the candidates.
2. For pass / fail judgment of the recruitment selection.
<Personal information of the questionnaires and opinion respondents>
1. For research, evaluation, and analysis to improve our services.
2. For the guidance of our services
(5) Shared use of personal information, etc.
The Company may share personal information, etc. acquired from the users, etc. only within the scope of the purpose of use of the personal information, etc. mentioned above.
<Shared personal information items>
1. Personal information of the users of the Company’s services
2. Personal information of the business associates, etc.
3. Personal information of the participants of seminars and events, etc.
4. Personal information, etc. of the applicants for the Company’s recruitment selection.
5. Personal information about questionnaires and opinion respondents, etc.
<Scope of the joint users>
Our company and the HEART SHAKER group companies
<Responsible person in charge for the sharing usage>
General Incorporated Association HEART SHAKER
(6) Provision of personal information to third parties
The Company will not disclose users’ personal information to third parties except in the following cases.
1. When the user himself/herself agrees to the disclosure of personal information etc. in advance.
2. When there is an imminent danger to human life, body, property, etc., and in an emergency case.
3. When it is deemed particularly necessary to improve public health or promote the healthy development of children, and it is difficult to obtain the consent of the user himself/herself.
4. When a formal inquiry based on the law is received from a public institution such as the court or police.
5. When disclosure or provision obligations by the Company are stipulated by other related laws and regulations
6. When the user’s actions on the Company’s service are contrary to the Terms of Service, additional terms, prohibited items, rules, and manners, etc., and is deemed necessary to protect the rights, property, and service.
(7) Consignment of handling of personal information, etc.
The Company may outsource all or part of the handling of acquired personal information, etc. to the extent deemed necessary to achieve the purpose of use. In that case, the Company will conclude a necessary contract regarding the handling of personal information, etc., and supervise the contractor as necessary and appropriate.
2. Our service collects cookies to log in to each user’s individual My Page and to obtain information such as overall trends and patterns on the site. The information we collect will be used to analyze the access trends, provide better services and deliver advertisements, and will not be used for any other purpose. In addition, this does not affect the privacy or the usage environment of the user.
3. The user may also reconfigure the browser and app to refuse to accept cookies or to indicate that cookies are being sent, but refusing to accept cookies may cause one of the parts in our services to not function properly.
4. For details on the cookies used for individual users> service listed on the service lineup on our website (hereinafter referred to as the Company’s services for individuals), please refer to the 「About cookies」page.
Users can also stop the usage of the collection of user information by Google Analytics by disabling the Google Analytics in their browser and app add-on settings.
(9) User’s rights regarding personal information, etc.
1. If the processing of personal information etc. is based on the consent of the user, the user has the right to withdraw the consent related to his/her personal information, etc. at any time.
2. The user has the right to request access to his/her personal information.
3. The user has the right to request the correction of his/her personal information, etc. held by the Company.
4. The user has the right to request the deletion of his/her personal information.
5. The user has the right to object to the processing of his/her personal information, etc. that is performed for the legitimate interests of the Company.
6. The user has the right to request restrictions on the processing of his/her personal information.
7. The user has the right to request the transfer of his/her personal information, etc. to himself/herself or a third party.
8. There is no cost incurred to exercise the above rights.
9. In addition to the above rights, the user has the right to file a complaint with the supervisory authorities at any time. However, we would like to ask the user to contacts the Company first so that the Company has the opportunity to respond to the user’s complaints before the user contact the supervisory authority.
(10) Our response to the execution of the user rights
The Company respects the rights of the user described in the preceding paragraph and will respond to the request of the user within a reasonable period and range after confirmation that the request is from the person himself/herself. In addition, if the user’s claim is unfounded or excessive, especially if it is a repeated claim, the Company will either charge the user a reasonable fee or may refuse to respond to the user’s claim.
(11) Deletion of personal information, etc.
We will not store the collected personal information, etc. beyond the limit necessary for collection. In addition, the user can request the Company to delete his/her personal information at any time, and when the personal information is deemed no longer necessary in light of the purpose of collection or processing, the Company will promptly delete the personal information, etc.
6. About Anonymously processed information, etc.
The Company will take necessary and appropriate safety management measures for the management of anonymously processed information, etc., such as prevention of leakage, loss, or damage. In addition, the Company will provide necessary and appropriate supervision to employees and contractors (including subcontractors) who handle the anonymously processed information.
<Items of information included when creating anonymously processed information>
3. Date of birth (age)
<Items of information included when providing anonymously processed information to a third party>
3. Date of birth (age)
<Providing method when providing anonymously processed information to a third party>
1. Data format (Word, Excel, PowerPoint, PDF, etc.)
This policy does not apply to the personal information that may be required or automatically obtained on third-party websites and apps linked to advertisements or posted content on the Company’s services for individuals.
1. The Company shall be able to change this Policy without the prior consent of the user. If there are any changes to this Policy, the Company will announce it on the website.
9. Contact Us
For inquiries regarding this Policy and personal information etc., please use the Inquiry Form.
Basic Policy on Appropriate Handling of Specific Personal Information, etc.
Enactment: March 31, 2021
General Incorporated Association HEART SHAKER
Representative Director Kaneto Kanemoto
Based on the 「Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures」, the Company recognizes that the protection of personal information is a serious social responsibility when handling personal information and specific personal information (hereinafter referred to as “specific personal information, etc.”) in our business operations and the Company has established the following basic policy to ensure the proper handling of specific personal information.
1. About the scope and system of handling specific personal information, etc.
The Company will specify the scope of administrative procedures to handles personal numbers and the range of specific personal information, etc., and clarify the person in charge of the administrative work. In addition, the Company will formulate specific personal information handling rules and establish a system for handling the specific personal information.
2. About safety management measures
Regarding safety management measures for specific personal information, etc., the Company will take necessary measures to prevent leakage, loss, or damage of the specific personal information, etc., and other appropriate management of the specific personal information, etc.
In the unlikely event of a leak, the Company will take prompt corrective action according to the case. The Company will provide education, training, audits, etc. for those who handle the specific personal information.
3. Compliance with related laws and guidelines
The Company will comply with laws and regulations regarding personal information and specific personal information, guidelines set by the government, guidelines regarding the proper handling of specific personal information, and other norms, and handle the specific personal information properly.
4. Purpose of use
The purpose of use of specific personal information, etc. that the Company obtained from employees or third parties shall be within the scope of the clerical work that handles the My Numbers listed below.
1. Clerical works of employees related to My Number
- 1. Clerical work for employment insurance notification *
- 2. Clerical work for health insurance/welfare annuity insurance notification *
- 3. Clerical work related to claims based on the Industrial Accident Compensation Insurance Act.
- 4. Clerical work for preparing the certificate of income and withholding tax for salary and retirement income.
2. Personal number related affairs related to individuals other than employees
- 1. Office work for preparing payment records for remuneration, fees, etc.
- 2. Dividends, distribution of surplus, and payment record preparation of basic interest
- 3. Clerical work for National Pension No. 3 insured person notification
- 4. Clerical work for preparing payment records for real estate usage fees, etc.
- 5. Clerical work for preparing payment records for the transfer of real estate, etc.
Clerical work that accompanies the above 1 and 2 (including clerical work for handling specific personal information)
5. Contact point for inquiries regarding specific personal information, etc.
The Company will respond appropriately and promptly to any complaints and inquiries regarding the handling of specific personal information from the principal.
For inquiries regarding our handling of specific personal information, etc., please use the inquiry form.
This policy will be made known to all employees and will be disclosed to the public. In addition, the Company will continuously review and improve the management system of the Specified Individual Law.
（Basic Policy on Information Security）
Enactment: March 31, 2021
General Incorporated Association HEART SHAKER
Representative Director Kaneto Kanemoto
HEART SHAKER (hereinafter referred to as “the Company”) declares that it will formulate and comply with the following Basic Policy on Security Policy to protect the information assets of the Company from all threats and to earn the trust of society.
1. The Company will comply with information security laws and regulations, national guidelines, and other related regulations and contracts.
2. Clarify the responsibility for Information Security and establish an organizational structure to implement the measures.
3. To promote proper management and operation of Information Assets, the Company will identify the Information Security risks, carry out risk assessments, and implement organizational, physical, human, and technical measures as necessary. In addition, if any Information Security problem occurs, the Company will respond promptly and minimize the damage.
4. The Company will provide all employees with regular education and enlightenment regarding Information Security based on this Basic Policy, and thoroughly disseminate it.
6. The Company will regularly review the Information Security Management System including the above items and make continuous improvements.
HEART SHAKER Terms of Service
Enactment: March 31, 2021
General Incorporated Association HEART SHAKER
Representative Director Kaneto Kanemoto
The HEART SHAKER Terms of Service and Additional Terms clearly state what users can expect from HEART SHAKER and what HEART SHAKER expects from users. Please read it thoroughly.
Article 1 (Scope of application and changes to the HEART SHAKER Terms of Service)
3. When revising the Terms (hereinafter referred to as 「the Revision」), the Company shall notify the users in advance by the method specified by the Company. In addition, when the revision is made, it shall limit to the following cases.
- 1. When the content of the Revision is in the general interest of the users, or
- 2. When the content of the Revision does not go against the purpose of the Terms of Service and is reasonable in light of the necessity of the change, the appropriateness of the content after the change, and other circumstances related to the change.
4. The user is deemed to have agreed to this revision when he/she continues to use this service after the Revision, and the revised Terms shall be applied to all relationships between the Company and the users. The Company shall not be liable for any damages caused to the user regarding the contents of the Revision after the user agrees to the Revision.
Article 2 (Definition of terms)
1. 「Member」 refers to a person who has registered as a member by the method prescribed by the Company and a person who uses this service by using Single Sign-On.
2. 「User」means anyone who uses this service, including members.
3. 「Certified member」means a corporation or individual users of this Service who has been certified by the Company and has a recognition of THANKU Certification.
4. 「Member information」 means the information disclosed to the Company by the members when registering as a member and using ID authentication linkage upon using this service, and the THANKU SCORE.
5. 「Single Sign-On」 means that when a user uses this service as a member, he/she can use the ID/ password in another internet service other than this service, and based on the consent of the user, the Company will use the mechanism for receiving disclosure of information about users from the relevant internet service.
6. 「Authentication information」 means the ID/password of the account issued by membership registration by the method prescribed by the Company and the ID/password of the Internet service other than this service used by the user by ID authentication cooperation.
7. 「Post contents」 is a general term for the text data that is disclosed to other users by posting on this service and multimedia data such as images, videos, audio files, and handwriting functions.
8. 「Products, etc.」 means products or services that can be bought and sold on this service.
9. 「Seller」 means a user who agrees to this Terms and Conditions and sells products, etc. to the Company on this service or sells them by himself/herself.
10. 「Purchaser」 means a user who agrees to this Terms, intends to purchase products, etc. on this service and provides us with the information specified by the Company at the time of purchase.
11. 「THANKU SCORE」 is a multifaceted THANKU score based on the usage status of users’ posts etc. on this service.
12. 「THANKU」 means anything that accompanies this service and can be sent or received between members of this service to express gratitude.
Article 3 (Additional Terms for THANKU)
1. Overview of THANKU
(1) THANKU that can be sent to other members is called 「THANKU to be Sent」.
(2) THANKU received from other members is called 「THANKU Received」.
(3) Only 「THANKU Received」 can be used for the Service provided by the Company.
(4) Regarding this service provided by the Company, etc., there may be restrictions on the use of the THANKU Received, such as when there is a limit set on the usage of the THANKU Received or when some services cannot be used.
(5) The Company shall be able to send 「THANKU to be Sent」 and 「THANKU Received」 to members.
2. Expiration date of THANKU
There is no expiration date.
3. Suspension of use/ return of THANKU
(1) The service may be suspended in the following cases.
① When the Company judges that there is a risk of unauthorized use of THANKU.
② When the Suspension Act stipulated in Article 6 is executed.
(2) THANKU will be returned to the Company in the following cases.
① When the Company invalidates the member’s registration of this service after receiving a notification from the member himself that the HEART SHAKER ID and password have been stolen or used by a third party, or that there is a suspicion of such use.
② When a member withdraws the membership.
③ When the Company confirms that there is unauthorized use of THANKU.
④ When the Prohibited Acts stipulated in Article 10 are performed.
4. Disclaimer regarding THANKU
(1) The Company shall not be liable for any damages suffered by the members regarding the service provided by the Company that can use the THANKU received.
(2) The Company shall not be liable for any damages suffered by the members regarding the transfer of THANKU between the members.
(3) The Company shall not be liable for any loss of THANKU data not caused by the intentional or gross negligence of the Company.
Article 4 (Disclosure and use of member information)
1. As a general rule, the Company will not disclose member information other than the member information disclosed on this service to a third party without prior consent. However, this does not apply to inquiries from public institutions and cases where the Company is obliged to disclose it by the law.
2. Members shall register only genuine information regarding member information, and if there is a change in the content, they shall promptly register the changes and be obliged to maintain the genuine state.
3. The Company shall not be liable for any damages caused by the member’s failure to comply with the obligations outlined in the preceding paragraph.
4. The Company shall be able to use the member information to provide information that the Company deems useful (including information on products, services, etc. of the Company, advertisers, and business partners).
5. The Company shall aggregate and analyze member information to improve the service and marketing the Company.
7. Members shall agree that the Company will handle and retain member information as stipulated in this Article, and will not raise any objections.
Article 5 (Management of authentication information)
The members shall manage the authentication information under their responsibility. When it is confirmed by the method prescribed by the Company that the entered authentication information matches the registered information even if a person other than the member uses this service due to plagiarism, unauthorized use, or other circumstances of the authentication information, The Company considers that the member has used this service and shall not be liable for any damage caused to the member.
Article 6 (Suspension of Use, etc.)
1. If the user falls under any of the following reasons, the Company will suspend the use of the service by the user without prior notice and consent from the user and it is possible to take necessary measures such as suspension of use, change of the password of the user, cancellation of membership of the user, etc. In addition, the Company shall not be obliged to disclose the reason for taking such measures to the user.
(1) If the user violated The Terms
(2) When it is found that the member information is false
(3) When the authentication information is used illegally
(4) When the information provided by this service is used illegally
(5) When there is a risk of damaging the Company or a third party
(6) When the Prohibited Acts stipulated in Article 10 are performed
(7) When using the paid contents or functions specified by the Company and not paying the usage fee
(8) In addition, when the Company judged that the use of this service is inappropriate
2. The Company shall not be liable for any damage caused to the members due to the measures outlined in the preceding paragraph.
Article 7 (Disclaimer)
1. The Company and its partners do not guarantee the accuracy, completeness, and safety of the information provided by this service. The Company and its partners in cooperation with the Company shall not be liable for any damages caused to the user or a third party due to the information.
2. In this service, the information, expressions, and contents provided by the partners in their name are based on the choice and judgment of the partner and do not reflect the opinions and views of the Company or its employees.
3. Regarding this service, the Company may provide some functions and services in cooperation with other Internet services. In this case, the users shall understand that that the content posted on this service may be disclosed to other Internet services, etc. under certain conditions and no objection shall be made to the Company or the third party designated by the Company.
4. This service is an internet service, and when using this service, the users shall manage the disclosure/non-disclosure of their posts’ history and their information and the posted content at their own risk. The Company shall not be liable for any damages caused by the disclosure or posting of information at the user’s own choice.
5. The Company shall not be liable to the loss of the usage opportunities, data loss, business interruption, or any type of damage (including indirect damage, special damage, incidental damage, consequential damage, lost profits) that occurs to the users even if the Company is notified in advance of the possibility of such damages.
6. The Company shall not be liable for any damages caused to other users and third parties by the use of this service, and for damages and disputes caused to the users themselves.
7. The connection to the Internet to receive the provision of this service shall be made by the user at his own expense, and the Company shall not be liable for any expense incurred.
8. If the user is subject to the Consumer Contract Act under the Japanese Law and the user suffers damage due to intentional or gross negligence regarding the provision of this service, the Company’s exemption from liability stipulated in this Terms is not applicable.
9. When the user is subject to the Consumer Contract Act under the Japanese law, and when the Company provides this service to the users for a fee, the user suffers damage due to the slight negligence of the Company, the provisions of this Article and the provisions that stipulate the total exemption of the Company in this Terms do not apply. The Company shall be liable only for the ordinary damage caused to the user due directly to the minor negligence of the Company. In this case, the amount of damages compensation paid by the Company to the user shall be limited to the amount equivalent to the usage fee required from the user to use this service.
10. When the user sends and receives Bitcoin when using this service, the transmission and reception shall be done through the Bitcoin exchange selected by the user (Providers that enable Bitcoin trading, Exchange services, or using Broker). In connection with the transmission and reception of Bitcoin by the users, the Company shall not be liable for the mistakes when handling Bitcoin, the content of transactions, and tax processing due to mistakes by the users when performing confirm/cancel the transmission, confirm/cancel the reception, confirm the destination/recipient/ source /receiver, and specify the wrong transmission/ reception method and it shall be at user’s own risk and judgment.
Article 8 (Medical-related content)
1. In this service, there are some contents enable the exchange of medical information between users and the contents provided by the Company may include medical information (these contents are collectively referred to as 「medical-related contents」).
2. When using medical-related content in this service, the user does not create a doctor-patient relationship between the user and the provider of medical-related content in any way. Users shall understand that the purpose is not to carry out any medical treatment (including those stipulated in the Medical Practitioners Act and those that should be equated with this in the conventional wisdom) or to present solutions to users’ personal, individual, and specific medical problems. Users shall use the medical-related content at their discretion and responsibility. In addition, the user shall agree in advance that the Company and other users cannot be held liable for any damages resulting from the use of medical content by their own choice and responsibility.
3. The user shall not use this service to provide medical treatment, etc. under any circumstances.
4. The Company or the provider of medical-related content shall not introduce any specialists such as doctors or serve as the mediator between the users and specialists such as doctors unless otherwise specified as the contents of the Service. When users need to solve their own personal, individual, or specific medical problems, they should promptly consult with an appropriate specialist such as a doctor.
5. The provisions of this Article shall apply regardless of whether the user or the provider of medical content is a doctor or other qualified person.
Article 9 (Legal content)
1. In this service, there are some contents enable the exchange of legal information between users and contents for which the Company provides legal information (these contents are collectively referred to as 「Legal contents」).
2. When using legal content, the user may use any method of this service between the user and the provider of the legal content (as stipulated in the Lawyers Act and socially accepted). However, it does not create a relationship between the principal and the agent regarding (including those that should be equated with) or similar business (hereinafter referred to as 「legal affairs」). Users shall use the relevant legal content at their discretion and responsibility, with the understanding that it does not provide a solution to the above problem. In addition, the users shall agree in advance that the Company and other users cannot be held liable for any damages resulting from the use of legal content by their own choice and responsibility.
3. The user shall not use this service to provide legal affairs, etc. under any circumstances.
4. The Company or the provider of legal content shall not introduce an expert such as a lawyer or serve as a mediator between the user and the lawyer unless there are legal restrictions and unless otherwise specified as the content of the Service. Users should promptly consult with an appropriate expert such as a lawyer when they need to resolve their own personal, individual, or specific legal issues.
5. The provisions of this Article shall apply regardless of whether the user or the provider of legal content is a lawyer or other qualified person.
Article 10 (Prohibited Matters)
1. The Company prohibits the acts listed in the following items when the user uses this service.
- 1. Acts that violate the law or public order and morals.
- 2. Acts that encourage or imply criminal activity.
- 3. Acts that infringe or may infringe legitimate rights such as the intellectual property rights, portrait rights, and publicity rights of other users, third parties, or the Company.
- 4. Acts that infringe or may infringe the property, credit, honor, or privacy of other users, third parties, or the Company.
- 5. The act of disclosing personally identifiable information to other users or third parties without permission.
- 6. The act of disclosing personally identifiable information related to the user himself/herself, unless the Company individually permits it. (In addition, the prohibition on the acts listed in the item may be lifted on the specific profile page, etc. (the space where the name field, e-mail address field, the URL field, etc. are set up) with the condition that the user himself/herself is responsible for the posted content).
- 7. Acts that violate the law in the area where this service is provided.
- 8. Acts that cause disadvantage or damage to other users or third parties.
- 9. Acts that slander other users or third parties
- 10. Acts for advertising related to sales, advertisements, etc., unless the Company individually permits it.
- 11. Actions that are deemed to be excessively or inappropriately directed to a specific external website or app.
- 12. Acts that are judged to harm children and young people.
- 13. Linking to adult sites, dating sites, etc. that are judged as illegal or harmful.
- 14. Transferring, lending, or sharing authentication information to a third party.
- 15. Acts that interfere with the provision of the Service.
- 16. Acts of copying, modifying, reverse engineering, decompiling, or disassembling the Service and related application software of the Service.
- 17. Acts that interfere with the normal operation of the equipment (computers and other equipment and software that the Company uses or intend to use) for providing this service, or destroy or damage the service equipment or data
- 18. Distributing harmful computer programs such as computer viruses through or in connection with the Service
- 19. Acts that violate the Prohibited Matter Guidelines.
- 20. Acts that violate the Terms.
- 21. Other acts that the Company deems inappropriate.
2. If the Company suffers any damage due to an act that falls under any of the items in the preceding paragraph, the Company may request the user to compensate for the damage.
Article 11 (Prohibition of unauthorized use of information)
1. The Company prohibits the users to provide any information including texts, images, illustrations, videos, etc. on this service without permission, except for those specified in this agreement and those explicitly permitted on this service.
2. The Company prohibits the user from editing, copying, or reprinting the description related to this service (including announcements on the web, e-mail newsletter, etc.) without permission.
3. If the Company suffers any damage due to the user violating Paragraph 1 or 2, the user shall compensate the Company for the damage.
Article 12 (Setting a link to this service)
The Company prohibits the setting of links to the Service that falls under any of the following items. If the link is found to fall under any of the following, the Company may block the access from the website or app to which the link is set without prior notice.
1. Links from websites and apps that contain content that is or may be offensive to public policy and morals.
2. Links that use the frame function or links in other forms that infringe the Company’s copyright, such as making it unknown that it is the Company’s content.
3. Links from websites and apps that contain content that infringes the Company, the products and services, and users, such as mental abuse, credit damage, or other rights.
4. Commercial links (links made for profit) unless the Company permits them individually.
5. Other links from websites and apps that the Company deems inappropriate.
Article 13 (Change and Deletion of Posted Content)
1. The Company has the right to change or delete the posted content or its displayed content without obtaining the consent of the user who posted the content if there are any of the reasons listed in the following items regarding the posted content. In this case, the Company will incur the damages to the user who posted the content, including compensation of the personnel expenses related to the person engaged in the work of responding to the change or deletion of the post, and other expenses.
- 1. When it violates laws and regulations or the Terms.
- 2. When the Prohibited Items stipulated in Article 10 are applicable.
- 3. If the Company judged that it needs to be changed or deleted immediately.
2. Even after a member withdraws from this service, the posted content of that member will not be deleted, but will be saved by the Company and displayed on this service or other websites and apps.
3. Notwithstanding the provisions of the preceding two paragraphs, the Company shall be able to provide an area within this service where the user can arbitrarily change, modify, or delete the posted content. In addition, in the area concerned, the user may delete, change and modify the post of another user if the Company acknowledges it, and the user who his post is changed, modified, and deleted and shall not be able to make an objection to the users or the Company.
4. The Company is not supposed to change, modify and delete the posted and displayed content even if the user requests to change, modify or delete the displayed content. However, this does not apply if the content is excluding the area specified in the preceding paragraph, and the posted and displayed content falls under each item of paragraph 1.
Article 14 (Guarantee for posting)
The user who posted the posted content (hereinafter referred to as the 「Poster」) has all the patent rights, trademark rights, corporate secrets, copyrights, and other property rights related to his/her posted content, as well as the privacy rights and portraits rights including personal information. The Company guarantees that the users will have the license, rights, consent, and permission necessary to allow the Company to use the posted content outlined in this Terms. In the unlikely event that any dispute arises between the Company and a third party, the Company will resolve the problem at the expense and responsibility of the poster and will not cause any inconvenience or damage to the Company.
Article 15 (Rights of the posted content)
1. The Company shall be able to save the posted content and use it as appropriate based on the provisions of this Article.
2. The attribution of copyright, etc. of the posted content shall be as stipulated in each of the following items.
- 1. Regarding the rights defined in Articles 18 to 20 of the Copyright Law of Japan, the Poster may not exercise himself or a third party against the Company or a third party designated by the Company.
- 2. The rights defined in Articles 21 to 28 of the Copyright Law of Japan are reserved by the Poster or the original right holder. In addition, the Poster shall display, edit, copy, reprint, distribute, etc. the posted content to the Company non-exclusively around the world, and if the Company determines that it is useful, the Company will grant an unlimited and indefinite license (sublicensable and transferable license) to use (including the case of creating and using derivative works such as publishing, video, translation, broadcasting, and theatricalization) the contents free of charge
3. The Company can edit, reproduces, reprints, etc. the posted content based on the license stipulated in Section 2 and uses the content when it is deemed useful (publishing, video, translation, broadcasting, etc.) and it can also be used by the Company and third parties designated by the Company. Even when using these, the Company does not require any payment to the Poster, and the Company may not display the poster’s ID, nickname or other names and information representing the Poster.
4. Even after the Poster withdraws from the Service, the Company shall be able to use the posted content posted on this service by the poster based on the license stipulated in Section 2. However, it shall be used after taking measures to not display the information that identifies the Poster’s identity.
5. The Company shall not be liable for any damages caused to the user or a third party regarding the use of the posted content.
Article 16 (Rights related to the posted text in this service)
1. Notwithstanding the provisions of the preceding article, the copyright, etc. of the posted text (refer to the text data such as questions, answers, supplementary questions, thanks, topics, and self-introduction of the public profile) in this service shall as stipulated in each of the following items.
- 1. The rights defined in Articles 21 to 28 of the Copyright Law of Japan are transferred from the Poster to the Company.
- 2. Regarding the rights defined in Articles 18 to 20 of the Copyright Law of Japan, the Poster’s rights, shall not be exercised either from himself or by a third party, to the Company, or a third party designated by the Company.
- 3. In consideration of items 1 and 2, the Company shall not require any payment to the Posters.
2. The Company permits the user to use the posted text to which the copyright belongs to the Company in this service or other services provided by the Company based on paragraph 1.
3. The Company permits the Poster to which the copyright belongs to the Company based on Section 1 to use the posted text voluntarily. The provisions of this section do not permit the user to use the content posted by other users (including text posted by other users).
Article 17 (Additional Terms for Certified Members)
1. The Company can cancel the certification of the Certified Member without prior notice and consent of the Certified Member when the Certified Member is no longer meets the requirement to receive the THANKU Certification such as losing the necessary qualifications.
2. The provisions of Paragraph 3, Article 9 (Legal content) shall not apply to the Certified Members and have no legal restrictions.
3. The provisions of Article 10 (Prohibited Matters), Paragraph 1, Items 6 and 10 shall not apply to certified members to the extent explicitly permitted by the Company.
4. The provisions of Article 16 (Rights related to Posted Texts in the Service) shall not apply to the posted texts in this service posted by the Certified Members, but the provisions of Article 15 (Rights of posted contents) shall apply.
Article 18 (Temporary Interruption of the Service)
The Company may temporarily suspend the provision of the Service without contacting the user in advance if it is due to any of the following reasons. The Company shall not be liable for any damages caused by the interruption of the Service.
- 1. When performing maintenance, inspection, repair, etc. of the System.
- 2. When this service cannot be provided due to fire, power outage, or natural disaster.
- 3. When this service cannot be provided due to operational or technical reasons.
- 4. In addition, when the Company judged that there is no other choice but to suspend.
Article 19 (Addition / Change / Suspension / Abolition of the Service)
1. The Company can add or change the contents of the Service without prior notice to the users.
2. The Company shall be able to suspend or abolish the Service without prior notice to the users.
3. The Company shall not be liable for any damages caused to the users or a third party based on the preceding two paragraphs.
Article 20 (Fee)
1. When using the paid contents or functions specified by the Company, the users shall pay the usage fee specified by the Company within the payment date and using the method specified by the Company. In addition, the Company will not refund any paid fees, regardless of the reason, unless otherwise specified.
2. If the user does not pay the usage fee set by the Company by the due date set by the Company, the user shall pay the Company the late payment charge at a rate of 14.6% per year calculated from the day after the due date.
3. The user shall agree that the payment agent will collect the usage fee on behalf of the Company. In addition, since the Company is outsourcing the collection of information charges to a payment agent, the Company does not keep the payment information of the user or the information related to payment, and shall not take any responsibility for the problems occurred when handling the information or problems related to payment not caused by the Company, etc.
4. The usage fee does not include the data communication expenses, packet connection fee, internet connection fee, etc. The data communication expenses, packet connection fee, internet connection fee, etc. are to be borne by each user.
Article 21 (Exclusion of Antisocial Forces)
1. In using this service, the user shall express that he/she is not an Antisocial Force (In addition to the gangsters and their affiliates defined in the 「Act on Prevention of Unjust Acts by Organized Crime Group Members」, a corporate extortionist, advocates social and political movements, special intelligence violence groups, and others collectively called as Antisocial Forces) and promises that he/she will not belong to, apply to, or be involved in the future.
2. If the Company determines that a user belongs to, falls under, or is involved in an antisocial force, the Company will suspend the use of this service by that user without notifying the user in advance. The user’s password, etc. can be changed, and the user’s membership can be revoked.
Article 22 (Use from Overseas)
1. When using this service from outside Japan, the user shall comply with the laws of the country of residence and related international treaties.
2. When a user uses this service from outside Japan and he/she violates Japanese law, even though the use of this service does not violate the law of the country of residence and related international treaties, the Company shall not be liable in the event of any damage incurred or caused to a third party.
Article 23 (Governing Law)
This Terms shall be construed in accordance with Japanese Law.
Article 24 (Jurisdiction Court)
In the event of a dispute between the Company and the user regarding this service, the Tokyo District Court of Japan is to be the court of exclusive jurisdiction in the first instance.
Article 25 (Separability Clause)
Even if any provision of the Terms is determined to be invalid due to amendment or abolition of laws, application of Consumer Contract Act or other special Acts, Governing Law, etc., the validity of the other provisions of the Terms is still valid and it shall not be affected and shall maintain its effect.
Article 26 (Validity of the Terms)
This Terms shall come into effect on March 31, 2021, and shall be applied in preference to the previous Terms.
SUBSCRIPTION TERMS AND CONDITIONS
actment: November 7, 2021
General Incorporated Association HEART SHAKER
Representative Director Kaneto Kanemoto
This page tells you the terms and conditions on which we will supply to you the products (Products) listed on our app Heart Shaker(https://heartshaker.or.jp) via one of our subscription services (Services). Please read these terms and conditions carefully before subscribing to one of our Services. You should understand that by subscribing to one of our Services, you agree to be bound by these terms and conditions.
1. YOUR STATUS
By placing an order through our site, you warrant that:
1.1 you are legally capable of entering into binding contracts; and
1.2 you are at least 18 years old;
1.3 you are resident in one of the Serviced Countries; and
1.4 you are accessing our site from that country.
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 After completing signup, you will receive an e-mail from us via Stripe acknowledging that we have received your first payment. Please note that this does not mean that your subscription has been accepted. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your subscription has been accepted (Welcome Email). The contract between us (Contract) will only be formed when we send you the Welcome Email.
2.2 The subscription plan to our Services consists of an initial charge and then followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Heart Shaker may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Heart Shaker reasonably could act. To terminate your authorization or change your payment method, log into your Stripe account and manage your automatic subscription payment to us under the ‘pre-approved payments’ tab in ‘settings’. Heart Shaker cannot alter or cancel this for you.
2.3 By subscribing to our Services you are agreeing to pay recurring periodic subscriptions for an indefinite time until cancelled by you, on the subscription terms set out in the application form you have completed. You can cancel your subscription at any time. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
2.4 Account Cancellations. If you wish to cancel your monthly subscription with us, you must cancel 7 days before your next payment is due to be collected, to avoid being charged to the following month’s service. If your payment has been cancelled before the 7 days period this may result in being invoiced for the following month’s fee.
2.5 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
3. CONSUMER RIGHTS
3.1 If you are contracting as a consumer, you may cancel a Contract at any time within fourteen days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy.
3.2 To cancel a Contract, you must log in to your Stripe account and select to cancel your Subscription with Heart Shaker. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4. AVAILABILITY AND DELIVERY
4.1 Your order will be fulfilled by the starting date set out in the Welcome Email or, unless there are exceptional circumstances. Heart Shaker will aim to notify you in a reasonable time if there will be a delay in the delivery of the service. Delivery process is usually between 1-3 working days. Heart Shaker cannot accept responsibility for any delays in delivery that are out of our control.
5. RISK AND TITLE
5.1 The Products will be at your risk from the time of delivery.
5.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products.
6. PRICE AND PAYMENT
6.1 The price of the Products will be as quoted on our site from time to time, except in cases of obvious error.
6.2 Product prices include VAT.
6.3 Product prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Welcome Email.
6.4 Payments for all Services are processed via Stripe. We also accept all major debit and credit cards via Stripe.
7. OUR REFUNDS POLICY
7.1 If you return a Product to us:
7.1.1 Because you have cancelled the Contract between us within the fourteen-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full. However, you may be responsible for the cost of returning the item to us (if any).
7.1.2 For any other reason (for instance, because you have notified us in that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, and any reasonable costs you incur in returning the item to us.
7.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
9. OUR LIABILITY
9.1 If we fail to comply with these terms and conditions we shall only be liable to you for the purchase price of the Products.
9.2 Nothing in this agreement excludes or limits our liability for:
9.2.1 Death or personal injury caused by our negligence;
9.2.2 Fraud or fraudulent misrepresentation;
9.2.3 Any breach of the obligations implied by the Consumer Contract Act.
9.2.4 Defective products under the Consumer Protection Act ; or
9.2.5 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
10. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Heart Shaker at firstname.lastname@example.org . We may give notice to you at either the e-mail or postal address you provide to us when signing up to a Subscription, or in any of the ways specified.Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 The contract between you and us is binding on you and us and our respective successors and assignees.
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
13.2 You may print off one copy, and may download extracts, of any pages from our site for your reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a license to do so from us and our licensors.
13.3 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorize us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1 Strikes, lock-outs or other industrial action;
14.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
14.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
14.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
14.2.5 Impossibility of the use of public or private telecommunications networks; and
14.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
15.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
17.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
17.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
17.4 Nothing in this clause limits or excludes any liability for fraud.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority ,or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Products).
19. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the Law of Japan. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the Tokyo District Court of Japan as the court of exclusive jurisdiction in the first instance.
About the Additional Terms
Users shall be required to confirm any additional terms specific to the Services and the Service Corners, such as the age restrictions, by displaying them in the appropriate locations of the respective Services and Service Corners.
For any inquiries about the security of the Services, security incidents, and inquiries about HEART SHAKER-CSIRT, please contact:
Information required for the inquiries
 Contact information
 Incident information
The service or system in which the incident occurred
Date and time when the incident occurred
Incident content and phenomenon
Please fill in as much as possible
 Other inquiries, etc.