ドラマイル利用規約 Drivemile Terms of Use ข้อกำหนดการใช้งาน Drivemile

Article 1 (Definitions)

The terms used in these Terms shall have the meanings defined herein or elsewhere in these Terms as follows:

• “User” means a person who uses the Service in accordance with these Terms.
• “User Device” means the information terminal device used for the purpose of using the App.
• “User Video” means a video recorded by a User using the App.
• “Recorder” means the User who recorded the User Video.
• “Driving Distance” means the distance traveled while recording a User Video.

Article 2 (Application of the Terms)

Users shall comply with these Terms as well as the terms of use and precautions applicable to external services, and any other terms, conditions, or notices related to the Service that the Company establishes separately on its website (https://micware.co.jp/), regardless of their name (collectively referred to as the “Terms, etc.”).

Article 3 (Use of the Service)

1. Users shall use the Service in accordance with the provisions of the Terms, etc. Subject to compliance with the Terms, etc., the Company grants the User a non-exclusive, non-transferable, and non-sublicensable license to execute the App on the User Device solely for the User’s personal use.
2. Users acknowledge and agree that some or all functions of the Service may not be available depending on the equipment, performance, or internet connectivity conditions of the User Device or communication environment, and shall not raise objections thereto.
3. If a User is a minor, an adult ward, a person under curatorship, or a person under assistance, the User shall use the Service after obtaining the consent of a legal representative, guardian, curator, or assistant (including consent to the Terms, etc.). If a User who agreed to the Terms while being a minor continues to use the Service after reaching the age of majority, such User shall be deemed to have ratified the acts performed during the period of minority.
4. Users may use the Service only if they meet the following conditions. If the Company determines that a User does not meet any of the following conditions, the Company may suspend or prohibit the User’s use of the Service by deleting the account described in the following Article without prior notice.
   • (1) The User is not prohibited from using the Service under applicable laws
   • (2) The User has not previously been suspended from using the Service by the Company
   • (3) The User is not subject to restrictions due to violations of laws or the Terms, etc.
5. Users shall exercise caution not to infringe the privacy rights or portrait rights of others when using the Service.

Article 4 (Account)

1. Users shall determine their own user ID and password for the Service (collectively referred to as the “Account”) and maintain the accuracy of such Account at their own responsibility.
2. Users shall strictly manage their Accounts at their own responsibility and shall not allow any third party to use them through lending, transfer, sale, or any other means.
3. If a User discovers that a third party has used the User’s Account without authorization, or if the User determines that the Account may interfere with the Company’s provision of the Service, the User shall immediately report this to the Company.
4. The Company may regard any use of the Service performed through an Account as an act performed by the User to whom the Account belongs.
5. The User to whom the Account belongs shall bear responsibility for damages arising from inadequate Account management, operational errors, or use by a third party, and the Company shall not be liable except as provided in Article 21.

Article 5 (Granting and Use of Points)

1. The Company may grant points issued by the Company to Users. The conditions for granting points shall be as set forth in these Terms or in the App; if the provisions of these Terms and those set forth in the App differ, the provisions set forth in the App shall prevail.
2. With respect to the handling of points set forth in this Article, the App, or otherwise within the Service (including the granting, receipt, and redemption of points), Apple Inc. is not the sponsor and has no involvement whatsoever.
3. Users may not transfer, sell, or otherwise assign granted points to third parties.
4. Users shall not receive or redeem points through fraudulent methods (including automated posting tools, robots, AI, or similar means).
5. The redemption of points shall be available only in the regions designated by the Company. As of the effective date of these Terms, redemption is available only within Japan.
6. If an Account is deleted for any reason such as a violation of the Terms, etc., or if a User voluntarily withdraws from the Service, the points granted to that Account shall expire. Once expired, points will not be restored even if the User obtains a new Account.
7. The Company may change the conditions relating to points (including but not limited to those set forth in the preceding paragraphs, such as the point granting conditions and point redemption) without prior notice to Users, and Users agree to such changes in advance.
8. The Company may terminate the use of points by announcing or notifying Users in advance. In such case, any unused granted points shall expire on the date designated by the Company.
9. The Company shall not be liable for any disadvantage or damage incurred by Users due to changes or termination under the preceding two paragraphs, except as provided in Article 21.
10. The Company may establish additional conditions relating to points within the Service. If there is any inconsistency between these Terms and the conditions set within the Service, the conditions set within the Service shall prevail.

Article 6 (Precautions)

Users shall pay attention to the following matters when using the Service.

1. Since the recommended environment for using the Service requires an internet connection, Users should pay attention to the communication conditions related to internet connectivity of their User Devices and communication equipment.
2. Operation of the App and viewing of the screen must be conducted only in a location where safety is ensured. Operating the App or closely watching the screen while driving a car, bicycle, or any other vehicle, or while walking (so-called “smartphone use while walking”), may lead to serious accidents. Users shall refrain from such actions.

Article 7 (Handling of Personal Information)

The Company shall appropriately handle Users’ personal information obtained in connection with the Service in accordance with these Terms, the Privacy Policy separately established by the Company (https://micware.co.jp/ja/regulation/privacypolicy/), and applicable personal information protection laws and regulations.

The Company may outsource the handling of personal information to third parties within the scope necessary to achieve the purposes of use, and Users hereby consent to such outsourcing.

Article 8 (Intellectual Property Rights)

1. All intellectual property rights, including copyrights, trademark rights, and design rights, related to the App and all tangible and intangible components that constitute the Service (including software, databases, text, images, videos, audio, manuals, related documents, and any other content, collectively referred to as the “Works”) belong to the Company or to licensors who grant licenses to the Company.
2. Intellectual property rights relating to the Service shall not be transferred to Users.
3. Users may use the Works obtained through the Service only within the scope explicitly permitted in the Service or within the scope of private use permitted under applicable copyright laws.

Article 9 (Intellectual Property Rights and Rules Regarding User Videos)

1. Intellectual property rights arising in relation to User Videos shall belong to the Recorder who recorded the video.
2. The Company may request the Recorder to provide User Videos. If the Recorder consents, the Company may obtain such User Videos. The Recorder grants the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to store, use, distribute, modify, alter, perform, reproduce, publicly display, and otherwise use the User Videos without limitation regardless of the purpose of use.
3. The Recorder shall not exercise moral rights of authors with respect to the use of User Videos by the Company as described in the preceding paragraph.
4. The Recorder shall not include any of the following content in User Videos:
   • (1) Defamation, harassment, abusive conduct, or nuisance behavior that damages the reputation or credibility of the Company, other Users, or third parties
   • (2) Content that promotes discrimination, prejudice, racism, hatred, harassment, or harm against individuals or groups
   • (3) Obscene content that directly depicts acts intended to arouse sexual feelings
   • (4) Violent or threatening content, or content that promotes violent or threatening acts
   • (5) Content that infringes intellectual property rights, portrait rights, privacy rights, or other rights of third parties
   • (6) Trade secrets or information equivalent thereto
   • (7) Fraudulent, false, deceptive, or misleading content
   • (8) Content related to prostitution or child prostitution
   • (9) Content harmful to minors
   • (10) Content intended to solicit romantic relationships, respond to such solicitations, or mediate such relationships
   • (11) Content containing computer viruses or malware
   • (12) Content containing code that may harm systems
   • (13) Content involving fraudulent activities such as phishing
   • (14) Content contrary to public order or morals
   • (15) Content that violates laws or encourages violations of laws
   • (16) Content related to criminal activities
   • (17) Expressions that may cause discomfort to other Users
   • (18) Any other content that the Company reasonably determines to be inappropriate
5. The Company may modify, correct, delete, or otherwise alter User Videos obtained by the Company to the extent necessary for the smooth provision of the Service and for the construction, improvement, or maintenance of the Company’s systems.
6. The Company shall have no obligation to store or restore User Videos that have been deleted by the Company or the Recorder.
7. If inappropriate video recording or nuisance behavior by the Recorder is confirmed, the Company may take necessary measures such as deleting the video, suspending or deleting the account, or suspending or prohibiting the use of the Service.

Article 10 (Use of Collected Information)

1. The Company may freely analyze, provide to third parties, process secondarily, or otherwise use statistical data regarding the User’s usage status and frequency of use of the Service, location information, and any other information obtained by the Company as a result of the User’s use of the Service (hereinafter referred to as the “Collected Information”) (collectively referred to as “Information Use”). Users hereby consent to the Company’s Information Use.
2. Notwithstanding the preceding paragraph, if the Collected Information constitutes personal information, the provisions of Article 7 shall prevail.

Article 11 (Notifications and Advertisements)

The Company may, by posting notices within the Service, sending emails, or by any other method deemed appropriate by the Company, notify Users of necessary matters from time to time (including announcements of new services) or display reward advertisements.

Article 12 (Prohibited Acts)

Users shall not engage in any of the following acts when using the Service, or any acts that the Company reasonably determines to fall under the following categories. If the Company discovers that a User has committed any of the following prohibited acts, the Company may suspend or prohibit the User’s use of the Service by deleting the User’s Account without prior notice.

1. Acts that interfere with the stable provision of the Service
   • ① Unauthorized access to the Service, cyberattacks, or acts that may lead to such activities
   • ② Acts that render the Service unavailable
   • ③ Using the Service in combination with other applications or services without the Company’s permission
   • ④ Reverse engineering, including decompiling or disassembling the Service
   • ⑤ Unauthorized alteration or deletion of information stored in the Company’s equipment
   • ⑥ Acts that impose excessive load on the Company’s or third-party servers, or interfere with the operation of the Service or its networks and systems, or acts that may cause such interference
   • ⑦ Any other acts that interfere with the provision or operation of the Service, or acts that may cause such interference
2. Acts that may cause direct or indirect damage to the Company
   • ① Using the Service for commercial or profit-making purposes or allowing third parties to use the Service
   • ② Infringing or potentially infringing intellectual property rights such as copyrights or trademarks of the Company or third parties, or other rights
   • ③ Violating the Terms, etc.
   • ④ Interfering with or potentially interfering with the Company’s business operations
3. Acts that are socially unacceptable
   • ① Acts that cause or may cause disadvantage or damage to the Company or third parties
   • ② Acts that violate or may violate laws or public order and morals
   • ③ Fraudulent acts including computer fraud, obstruction of business including damage to computer systems, unauthorized access, or any other criminal acts, or acts that may lead to criminal acts
4. Acts that directly or indirectly induce or facilitate the acts listed in the preceding items, or attempts to commit such acts
5. Any other acts that the Company reasonably determines to be inappropriate

Article 13 (Responsibilities of Users)

1. If a User causes damage to the Company or a third party through acts that violate the Terms, etc. or through fraudulent or illegal acts, the User shall compensate the Company or the third party for such damage.
2. If a User causes damage to a third party through the use of the Service, the User shall resolve the matter at the User’s own responsibility and expense and shall not cause any damage to the Company.
3. Users shall use the Service at their own responsibility and shall bear full responsibility for all actions taken in connection with the use of the Service and the results thereof.

Article 14 (Measures for Violations of the Terms)

1. If a User is found to have violated the Terms, etc., the Company may take measures or impose sanctions deemed necessary by the Company, including the following. The Company shall not be liable for any disadvantage or damage incurred by Users as a result of such measures, except as provided in Article 21.
   • (1) Requesting the User to cease the violating act and not to repeat similar acts
   • (2) If the violation may constitute a criminal or administrative offense, reporting the matter to the police or other public authorities and disclosing information such as the violation facts and history of the User
   • (3) Temporarily suspending the use of the Service
2. Users may not raise objections to the measures taken by the Company in response to violations of the Terms, etc.
3. If damage occurs to the Company due to the acts of a User, the Company may claim compensation for such damage from the User regardless of whether the measures described in Paragraph 1 have been taken.
4. Except as provided in Article 21, the Company shall bear no responsibility for any results arising from acts that violate the Terms, etc.

Article 15 (Disclaimer)

1. The Company makes no warranties, whether express or implied, regarding the factual or legal conformity of the Service (including safety, reliability, accuracy, completeness, timeliness, usefulness, or fitness for a particular purpose). Except as provided in Article 21, the Company shall not be liable for any damages incurred by Users or third parties as a result of using the Service.
2. Except as provided in Article 21, the Company shall not be liable for damages arising from interruptions, delays, suspensions, or data loss due to failures of communication lines or computers, unauthorized access to data (including but not limited to failures caused by the circumstances listed in Article 16 Paragraph 1 or the inability to provide the Service due to force majeure under Article 26), or any other damages incurred by Users in connection with the Service.
3. If the Company changes or terminates the provision of the Service pursuant to Article 17 or Article 18, the Company shall not bear any obligation or liability to Users (except as provided in Article 21).
4. If a User causes damage to another User or a third party through the use of the Service, the Company shall bear no responsibility for such damage (except as provided in Article 21).
5. Users agree that the Service may be unavailable in whole or in part in the following cases, and that the Company shall bear no liability for damages or losses incurred by Users or third parties as a result (except as provided in Article 21):
   • (1) If the User Device or its peripheral equipment is not properly installed or connected, or if there are malfunctions, damage, defects, or internet communication failures that prevent normal operation, or if such devices are incompatible with each other, or if the User has configured settings that interfere with the use of the Service
   • (2) If the Service cannot be used because the User Device does not meet the specifications recommended by the Company (including compatible operating systems, performance, and functions)
   • (3) If the User fails to follow the instructions described in the manuals or other documentation for the User Device or its peripheral equipment
   • (4) If the battery of the User Device is depleted or power is not properly supplied to the User Device or its peripheral equipment
   • (5) If the power of the User Device or its peripheral equipment is turned off
6. Notwithstanding the foregoing, the provisions of this Article shall not deny the application of mandatory provisions protecting Users under consumer protection laws or similar laws in the country where the User resides.

Article 16 (Temporary Suspension of the Service)

1. The Company may temporarily suspend the provision of the Service without prior notice to Users in the following circumstances:
   • (1) When periodic or emergency system maintenance of all or part of the Service is required
   • (2) When all or part of the Service cannot be provided due to natural disasters, fires, power outages, labor disputes, riots, or similar events
   • (3) When communication services used for all or part of the Service are suspended or malfunction
   • (4) When communication failures occur due to the usage environment of the User Device or other circumstances
   • (5) When the Company determines that it is necessary to temporarily suspend the Service for operational or technical reasons
2. When notifying Users of a temporary suspension of all or part of the Service, the Company shall notify Users by a method deemed appropriate by the Company as far as reasonably possible. However, this shall not apply in cases of emergency or unavoidable circumstances.

Article 17 (Changes to the Service)

The Company may add, change, or discontinue all or part of the Service without prior notice to or consent from Users.

Article 18 (Termination of the Service)

The Company may terminate the provision of the Service by notifying Users in advance.

Article 19 (Deletion of the App)

If a User deletes the App from the User Device, the User will no longer be able to use the Service through the App.

However, the User may reinstall the App on the User Device and resume use of the Service by using the User’s existing Account.

Article 20 (Suspension of Use of the Service)

The Company may suspend or prohibit a User’s use of the Service if the User falls under any of the following circumstances:

• (1) The User violates the Terms, etc., or it is discovered that the User has previously violated them
• (2) Fraudulent use of the Service is discovered
• (3) The User is a minor, an adult ward, a person under curatorship, or a person under assistance and has not obtained the consent of a legal representative, guardian, curator, or assistant
• (4) The User improperly uses the Service or interferes with the operation of the Service
• (5) The Company otherwise determines that the User is inappropriate as a User

Article 21 (Compensation for Damages)

If a User suffers damage attributable to the Company, the Company shall compensate the User for such damage up to a maximum amount of 100 yen, unless the damage was caused by the Company’s intentional misconduct or gross negligence.

Article 22 (Exclusion of Anti-Social Forces)

1. The User represents and warrants that the User is not, and will not in the future be, a member of an organized crime group, a member of an organized crime group who has not passed five years since leaving such group, a quasi-member of an organized crime group, a company affiliated with an organized crime group, a corporate racketeer, a group advocating social movements through unlawful means, a special intelligence violent group, or any other person equivalent thereto (collectively referred to as “Anti-Social Forces”).
2. If the Company determines that a User falls under any of the following circumstances, the Company may suspend or prohibit the User’s use of the Service by deleting the User’s Account without prior notice.
   • (1) It is discovered that the User is an Anti-Social Force
   • (2) The User, either directly or through a third party, engages in violent acts, threatening language, deception, unreasonable demands, or acts that damage the Company’s credibility or interfere with its business operations

Article 23 (Amendment of the Terms)

1. The Company may amend the Terms, etc. when it deems necessary. In such case, the Company shall announce the details of the amendment and the effective date by posting them on the Company’s website (https://micware.co.jp/) or by any other method deemed appropriate by the Company, and the amended Terms shall apply from the effective date.
2. Notwithstanding the preceding paragraph, if the Company obtains the User’s consent to the application of the amended Terms, the amended Terms shall apply to the relationship between the Company and the User from the time such consent is obtained.

Article 24 (Entire Agreement)

These Terms constitute the complete and exclusive agreement between the Company and the User regarding the Service and supersede all prior oral or written understandings or agreements between the Company and the User concerning the Service.

Article 25 (Severability)

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be enforced to the maximum extent possible, and the remaining provisions of these Terms shall remain in full force and effect.

Article 26 (Force Majeure)

Except as provided in Article 21, the Company shall not be liable for any damages, injuries, non-performance, or delay in performance caused by natural disasters, weather conditions, fire, floods, strikes, acts of terrorism, enemy attacks, satellite or network failures, governmental orders or regulations, trade disputes, or any other causes beyond the Company’s reasonable control.

Article 27 (Language)

1. These Terms are prepared in the Japanese language and may be translated into English, Thai, or other foreign languages. In such case, the Japanese version shall be the original, and the foreign language versions shall be provided for reference only. If any inconsistency or conflict arises among these language versions, the Japanese version shall prevail.

Article 28 (Governing Law)

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

Article 29 (Jurisdiction)

Any disputes arising in connection with the use of the Service shall be subject to the exclusive jurisdiction of the Kobe District Court as the court of first instance.