Terms of Service for the use of basic services

Article 1 (Application)

1. These Terms of Service are provided to set forth conditions of use and other items which shall apply to all users of the UTokyo MOCHA App (Hereinafter refered as "the App") provided by the University of Tokyo (hereinafter refered as "the University").
2. These Terms of Service will be applied in priority, in cases which preceding rules or descriptions about the services outside of this terms of service differ from these terms of service. However, this excludes the cases in which these terms of service differ from the terms of services for each channels.

Article 2 (Definition)

The following words and terms have the following meanings in these terms of service.

Article 3 (Registeration)

Constituents of the University who wishes to use the App (hereinafter refered as the applicant) may register to use the services provided by the App, by fully agreeing to these terms of service, as well as providing certain information (hereinafter refered as the registeration statement) through methods indicated by the University. Registerations are determined to be completed once the University accepts and notify the applicant.

With the completion of registeration, app users may use the App complying with these terms of services

The University may reject registerations or re-registerations in cases which the applicant corresponds to the following behaviors. The University also no obligations to disclose the reason of rejection.

Article 4 (Systems in which the App generates, records and provides information)

1. The App user shall be considered to fully understand the following issues regarding the systems in which the App generates, records and provides information, and have accepted these following terms of services before using the App.
   1. The user's location data will be recorded by the App using the beacons placed around the campus, and will be saved inside the app-installed device.
   2. The saved location data in the app-installed device and the device identifier generated by the system will be linked and uploaded to the server every 5 minutes through an encrypted connection channel, by arbitrarily following the channels in the App.
   3. Information posted by the user (hereinafter refered as the post data) will be uploaded to the server through an encrypted connection channel after linking with the device identifier.
   4. The uploaded location data and post data will be saved on to the server with the location data and device identifier linked.
   5. The saved data may be provided to third-parties for the purpose to improve location detection after appropriate generation of anonymized personal data by the University, to prevent the restoration of personal data and identification of individual users.
   6. The anonymized personal data will be used by departments and the Health Service Center of the University for the operation of close contact notification service.
   7. The App user's device identifiers and the ECCS Cloud Email will be matched by the administrator of the App in order to send close contact notification emails.
   8. The location data and the post data will be disclosed through the server, according to the conditions approved by the user when following the specific channel.
   9. App users may cancel uploading data to the server at anytime by arbitrarily withdrawing from all channels.
   10. App users may delete the saved data on the server by submitting the application for deletion determined in Article 13 Clause 2. However this does not include the anonymized data on the server.
2. App users are determined to have fully understood and agreed to these terms of service when starting to use the App.

Article 5 (Ownership of rights)

1. All copyrights, author's moral rights, trademark rights, and other intellectual property as well as the rights to know-how and other intellectual property, which pertain to all services, programs, and other works provided to the App user by the University (including these terms of service and operating manuals; the same applies hereinafter) belong to the University. Agreements to the use of the App, based on these terms of services, do not mean the rights pertaining to these intellectual properties are transfered or licensed to the App user from the University or licensed personnel.
2. In using the app, the App user agrees to use all services, programs and other works provided to the App user by the University according to the following conditions
   1. The App user will only use the App properly and in accordance with these terms of service
   2. The App user will not copy, modify, edit, distribute and etc. the app, and will not reverse-engineer the app.
   3. The App user will not sell, lend, or tranfer the App to a third party, or use the App as collateral, regardless of commercial use or not.
   4. The App user will not delete or change copyright notices or trademark notices displayed by the University or other parties designated by the University.
3. In case the App user creates posts in the App, the user expresses and gurantees to the University, that the App user holds appropriate legal rights for the post, as well as that the post data does not invade the rights of third person nor violate the post guidelines indicated by the University.
4. The University may delete or take appropriate measures to any post data that violates the previous clause without prior notice.
5. The App user will be determined that they have agreed with the University, to obtain the rights to copy, publically transmit, distribute, translate and other rights under the Copyrights act (including the right for the University to sublicense the content to a third person), until the particular copyright remains in place, without any charges.

Article 6 (Usage Time, Stopping Usage, etc.)

1. The App can be used 24 hours a day, 365 days a year in principle. However, depending on the operating conditions of the Management System, there may be cases where some of the services in the App may be suspended.
2. The University can, upon providing prior notice through the App, suspend, interrupt, or otherwise stop the use of the App by the App user, in any of the situations described hereinafter. However, the University can suspend, interrupt, or otherwise stop the use of the App without any prior notice in cases of an emergency.
   1. When maintenances of equipments, etc. used to operate the App are planned
   2. When telecommunication carrier(s) do not render their services
   3. When a natural disaster, incident, or other state of emergency has occurred, or when a major obstruction to the operation of the App has occurred.
   4. When the App cannot be operated due to law, regulations or other legal measures
   5. In any other situations where the University has determined that it is necessary to suspend, interrupt, or otherwise stop the use of the App.
3. The University can limit the use of the App in the event of drastic increase in usage
4. The University shall be exempt from any responsibility, damage, loss or any other compensation which may arise from suspention or interruption of the use of the App.

Article 7 (Termination of the App)

1. The University may terminate the distribution of the App as well as provision of the services in the App, with a notification beforehand to all app users.
2. The notification in the preceding paragraph will be by a post within the App. 3.The University shall be exempt from any damage, loss, or any other compensation resulting from termination of the App or its service, once the App or the service provided by the App terminates after notification has been sent to all app users.

Article 8 (Prohibited items and rules to be observed)

1. The App users are prohibited from engaging in any of the following acts when using the App
   1. Acts of using the App for anything other than its original and intended purpose
   2. Acts of engaging in improper access, behavior which causes problems with servers, network systems, etc. of the App, operating the App improperly, or deliberately using defects in the App.
   3. Acts of repeatedly and needlessly making similar or identical inquiries, making improper requests to provider(s), and other acts that interfere with or otherwise cause problems for the normal operation and management of the App by provider(s) and the use of the App by third parties.
   4. Acts of intentionally sending files intected with viruses, malware and etc. to the App.
   5. Acts which do or may violate laws or regulations or public policy, acts that benefit or involve cooperation with anti-society organizations, acts of impersonating provider(s) or third parties, or acts of intentionally distributing false information.
   6. Acts of improperly collecting, disclosing, or otherwise providing personal data, usage data, etc. of a third person.
   7. Acts that violate the rules for the use of the app, indicated on the University website.
   8. Any other acts that induce, potentially induce or ease the preceding paragraphs
   9. Any acts attempting the preceding paragraphs
   10. Any other acts determined by the University to pose or potentially pose a problem to the normal operation of the App.
2. The University can terminate the App user's use of the App as well as delete the channel created by the user without prior notice, in the event that the it was determined that the App user has engaged, or may engage in, any of the acts in the preceding paragraphs.
3. The App user shall bserve the following items in using the App
   1. In the event that the App user has multiple smartphones, the App user should, to the greatest extent possible, install the App in the device used most oftenly.
   2. The App user should not allow a third person to carry the app-installed device.
   3. The App user should download the latest version of the App and update the application when the App has been updated.
   4. The App user should delete the App from their app-installed device before selling, transferring, lending, or disposing of their app-installed device.

Article 9 (App user's equipment, etc.)

1. The App user shall at their own cost prepare all necessary equipment and software necessary for using the App (including all items pertaining to the smartphone device and communication means). Any procedures necessary for doing so shall be the responsibility of the App user.
2. The App user shall be resposible for any communication fees necessary for using the App, and all other fees necessary for using the App.
3. In the case that the App user is under 20 years old, the App user shall only use the App with the consent of ther parent or other legal guardian, with the device which they have received permisson by that parent or legal guardian.
4. Environmental conditions under which the App user may use the App are listed on the University website

Article 10 (Protection of Personal data)

1. Out of all the user data, the University will not provide personal data to a third party (includes overseas parties) without consent from the App user. However, this excludes the following necessary cases below.
2. When there are needs to cooperate with governmental agencies, local public entities, or other entrusted agencies for their legal purposes and acquiring consent from the App user may obstruct the purpose.
3. When the University entrusts the handling of personal data, entirely or partially, within the goal to achieve the purpose of use.
4. When the University distributes the anonymized data with a third party according to the statement on article 11 clause 1.
5. When it is recognized in the "Act on the Protection of Personal Information Held by Incoporated Administrative Agencies)
6. The University will appropriately protect personal data according to the related rules, and will comply with the Privacy Policy.

Article 11 (Provision of anonymized data tto a third party)

1. The University may provide anonymized data, processed from personal data to prevent identification of each app users, to third parties for researching purposes.
2. In processing the data indicated in the preceding paragraph, "names", "student ID numbers" and "specific hours in campus rooms" will be replaced with other descriptions by an unrecoverable method. The anonymized data will include "grade", "faculty (courses for students in Junior Devision)". "name of the room" and "timeframe of the hours stayed in campus rooms "
3. In the case that the University provides anonymized data to a third party, the University will provide the anonymized personal data that has been processed by the method indicated in the preceding paragraph. Before issuing the data, the University will disclose its destination and its content by a designated method.
4. In the case that the university provides anonymized data to a third party, the University will regularly check whether the provided data is handled with compliance to the law and the university regulations. If they do not comply with the law and the regulations, the University will suspend the provision until they comply.

Article 12 (Usage of anonymized personal data in the contact notification service)

1. The University may allow departments and the University of Tokyo Health Service Center to use the anonymized personal data, processed from collected personal data to be unable to identify each app user, for the operation of Contact Notification Service, to prevent the spread of COVID-19.
2. In the process of creating the anonymized data indicated in the preceding paragraph, the following data of "name", "student ID number", and "device identifier" will be deleted. The anonymized data will only contain "hours spent in rooms" and "name of the room stayed", and will be exculusively used for the operation of Contact Notification Service by university departments and the University of Tokyo Health Service Center.

Article 13 (Disclamers)

1. The University shall be exempt from any responsibility for any damages to an app user or a third party incurred by using the App (for any reason, including being infected by a computer virus or malware while use), being unable to use the App (for any reason, including the use of the App being suspended, interrupted, or otherwise stopped, malfunctions in the App, and problems with communication lines), or any other factors caused by or related to the App. However, if the University has caused all or part of damages by its own willful or gross negligence, this provision shall not apply to all or part of the damages.
2. The University does not ensure the integrity, accuracy, certainty, usability, and etc. related to the services provided in the App.
3. The App user shall be responsible for dealing with any transactions, communications, or disputes, between the App user and other app users or third parties, related with the services provided in the App.

Article 14 (Discontinuation of app use and deletion of records)

1. The App user can, at any time, discontinue using the App by uninstalling the App from their app-installed device. In the event that the App is deleted from the app-installed device, all information of the App recorded in that device will be irrecoverably deleted, as well as all data uploads to the server will be cancelled.
2. The App user can, at any time, request for deletion of location history and other data (excluding anonymized data) by applying from the website determined by the University, after discontinuing the use of the App. The University will immediately delete the particular personal data and notify the App user, after confirming that the request is made from the user themselves.
3. Notwithstanding the provisions in the preceding two paragraphs, the University may delete registered app users and its data on the server, who has not used the services of the App for a certain period of time, with a notification to the App user beforehand.

Article 15 (Changes to terms of service)

1. The University may at any time, and without prior notice to the App user, change these terms of service as deemed necessary.
2. In the event that these terms of service are changed, the University shall in a timely manner, list the changes within the App or on the website, and the changed terms of service shall be effective from that point in time.
3. In the event that the App user has used the App after these terms of service have been changed and its changes have been listed as set forth in the preceding paragraph, the App user shall be considered to have fully understood the content and have accepted the changed terms of service at the point of time in use. However, in the case that legal measures require consent from the App users, the University will acquire consent from app users in a predetermined method by the University.

Article 16 (Prohibition of transfer, etc.)

Contractual status or rights and obligations of the App based on these terms of service cannot be lent, transferred, provided as inheritance or collateral, or taken any other measures to a third party.

Article 17 (Contact method)

1. App users may contact the University in regards to the App through methods designated by the University, which are listed in the App or on the designated website by the University.
2. In the case that the University has contacted or notified the App user on the email address indicated in the registeration item or on other contact, the App user is determined that they have received the contact or the notification.

Article 18 (Severability)

In the event that certain paragraphs or parts of the paragraphs are determined invalid or unenforceable, the remaining terms of service and the paragraphs are continuously determined as valid.

Article 19 (Governing law and jurisdiction)

1. These terms of service an all items pertaining to the use of the App are governed by the laws of Japan.
2. The first instance of any disputes arising between the University and an app user caused by or with regards to the use of the App shall be under the exclusive jurisdiction of the Tokyo District Court.

【Enacted September 25th, 2020】

【Revised December 29th, 2020】