TERMS OF USE FOR THE HYBRID TIME APPLICATIONS

These Terms of Use for the HYBRID TIME Applications ("Terms of Use") shall apply to the use of the HYBRID TIME Applications (the "App") on any platform or device. These Terms of Use form a legally binding agreement between Citizen Watch Co., Ltd. (the "Company") and any person who accesses or uses the App or all or any part of its functions ("you."). Please ensure to carefully read, and agree to, these Terms of Use prior to accessing and using the App.

1. Terms of Use of the App

The App shall be provided when you agree to the Terms of Use, and you are deemed to have so agreed when you use or access the App. If you do not agree to all the provisions of the most recent Terms of Use, you will be unable to access or use the App. The Company may amend the Terms of Use at its sole discretion. You will be notified of any such amendment by e-mail or other appropriate means. Any amendment will become effective from the time the Company gives notice thereof. Please check the Terms of Use regularly for any amendments. By continuing to use or access the App after an amendment, you are deemed to have agreed to the amended Terms of Use. If you are a minor, you must have the consent of a person with parental authority or other statutory agency to be able to use the App. If you are a minor and use the App under the false assertion that you have such authority, or have reached the age of majority, or otherwise use fraudulent means to make the Company believe that you have legal capacity, you cannot rescind any and all legal acts pertaining to the App. If you are a minor at the time you agree to the Terms of Use and continue to use the App after reaching the age of majority, you are deemed to have ratified any and all legal acts pertaining to these Terms of Use.

Use of the App requires pairing with a corresponding smartwatch, and it is your responsibility to obtain such a smartwatch in order fully utilize all the functions of the App. The App may not function properly if the necessary ancillary applications, firmware, and software updates for the App, your mobile device and smartwatch are not installed. You must pay all fees charged by your mobile carrier in connection with the use of the App. If you perform certain functions on your mobile device, such as taking photos using the App, you may also use the corresponding smartwatch features. However, you accept all responsibility for your mobile device when choosing to use such features.

These Terms of Use apply only to the use of the App. For a smartwatch that is paired with the App (including how such smartwatch products interact with the App), you must also separately comply with all applicable terms of use, warranties and other policies for the smartwatch paired with the App (including those for how any relevant smartwatch products interact with the App). For information on your rights and obligations in respect of any relevant smartwatch products, please see the information provided with your smartwatch.

2. Personal Information Protection Policy

All data provided and collected by the App shall be processed in accordance with the “HYBRID TIME Application Privacy Policy”. Such policies are incorporated into, and form a part of, these Terms of Use. Before accessing and using the App, please ensure that you carefully read and agree to the policies referenced above.

3. You Accept Responsibility for Your Own Use

The App is intended for your own private use, and you accept responsibility for your own use. Notwithstanding any other provisions in these Terms of Use, the Company makes no representations, warranties or commitments as to the accuracy, reliability or effectiveness of the App’s functions or services, including, but not limited to: steps, combustion calories, sleep time, and other data. The App’s purpose is to provide reasonable approximate values for data such as: pace, steps, combustion calories, traveled distance and sleep time. The App relies on the accuracy of the information you enter. The App also uses algorithms which are not necessarily accurate and which are affected by other factors beyond the Company’s control. The Company therefore does not warrant complete accuracy in the data which the App provides. The App does not accurately track each combustion calorie or step, nor does it accurately indicate stride length, walking distance or sleep. Consequently, please refrain from using the data provided by the App for medical purposes. The App is not a medical device, and is not intended to provide any recommendations or medical treatment with respect to health or physical conditions. The App is not designed to diagnose disease or other conditions, nor to treat, alleviate, manage or prevent disease. You should consult a doctor for advice on physical activities, fitness, health-related recommendations or medical treatment.

4. Password and Security

You are required to create an account prior to using the App. When creating an account, you agree to transmit accurate and complete information and to update such information from time to time. If your information is suspected to be false, inaccurate, out-of-date or incomplete, the Company may, at its own discretion, require you to correct your registered information accordingly, and may further refuse or cancel the registration of such information. The Company shall not be liable for any disadvantages or damages you have suffered due to false, inaccurate, out of date or incomplete information provided by you.
You are requested to set up a non-transferable password available only for personal use when creating an account. In addition, if you request the Company to send you your lost or forgotten user name or password, the Company may request you to provide information to confirm your identity. You are responsible for protecting your account information and for all activities that occur in your password-protected account. It is your responsibility to register and manage your registered information, including your account ID and password. You must not allow a third party to use your registered account information, nor lend, assign, trade, or change the holder of such information. If you delete your activity history or other information on the App, then depending on the circumstances your information may be permanently deleted or your user name or password may need to be reset. You agree that you will promptly give notice of any unauthorized use of your password or account, or other identified or suspected security breaches, if any. You agree that the Company may send notices or other communications concerning the App by e-mail or other electronic means, and that such notices and communications by electronic means are legally effective.

5. Limited License

The Company grants you a limited, personal, non-exclusive, non-transferable, non-assignable, non-sublicensable and revocable right to install and use the App in accordance with the Terms of Use. The App is the Company’s valuable intellectual property and you shall not acquire any rights to the App other than those enabling you to use the App in accordance with the Terms of Use. You are prohibited from doing any of the following with the App:

  1. copying, redistributing, publishing, reverse engineering, decompiling, disassembling, altering, translating, accessing or attempting to exploit its source code;
  2. selling, assigning, sublicensing, transferring, distributing, leasing, or subjecting it to a pledge or security interest;
  3. tracing, reproducing, copying, selling, reselling or exploiting it for commercial purposes;
  4. using it in any manner which would contravene the Terms of Use or any applicable laws.

6. Copyrights and Other Intellectual Property Rights

All contents and other materials provided in or through the App, including the trademark, service mark, product name, images, sound, texts, software, designs and "look and feel" of the App are owned by, or licensed to, the Company or its affiliates, and are protected by the Copyright Act, the Trademark Act and other applicable intellectual property-related laws. Information used in the App (e.g., your progress and goals achieved) may be shared by you on Third-party Apps (as defined under Article 9) and similar platforms. If the App provides access to certain contents that you are entitled to share, the Company grants you a limited, private, non-transferable, non-assignable, non-sublicensable and revocable license to share and privately use such specific contents, provided that no change, deletion or alteration is made to the symbols representing the original, source attributes and ownership of, and other rights in, such contents. Further, you are not entitled to republish, distribute, display, perform, transmit, sell or otherwise exploit the contents of the App without the Company’s express written approval. All rights not expressly granted to you under these Terms of Use shall be vested in the Company or third party licensors who have granted licenses to the Company.

7. Infringement of Copyrights and Other Intellectual Property Right

If you believe that the App infringes any third party’s copyrights or other intellectual property rights, please inform us using the following contact details.

The brand owner of the branded smartwatch you purchased or
Citizen Watch Co., Ltd.
hsw_privacy@citizen.co.jp

8. Prohibited Acts

You agree to comply with all applicable laws. You further agree that you will not:

  1. upload, transmit, publish, e-mail or otherwise make available to the App any materials which:
    1. are false, inaccurate, misleading, deceptive, illegal, harmful, threatening, abusive, bullying, torturous, libelous, vulgar, obscene or defamatory or invade others’ privacy;
    2. infringe any third party’s intellectual property rights, other property rights, portrait rights or privacy rights; or
    3. contain any virus, worm, Trojan horse, time bomb, damaged file, or other software or program designed to block, obstruct, intercept, deprive, destroy or restrict the functionality of the App, computer software or hardware or the App-related equipment;
  2. change, remove or alter the original source attributes or indications of proprietary rights and other rights of the App or its contents;
  3. impersonate any other person or entity, including, but not limited to, any of the Company’s employees and branches or to misrepresent or otherwise imprecisely communicate your attributes;
  4. attempt to gain unauthorized access to others’ accounts or information on or through the App regardless of means;
  5. use robots, scrapers, spiders or other automated devices or manual processes to monitor or copy the App or its contents without the Company’s prior written express approval;
  6. carry out any acts which impose undue or excessive burden on the App;
  7. act in a way that would have legal ramifications for the Company, such as by causing the Company to lose business partners, vendors or suppliers, or by causing those business partners, vendors or suppliers to lose business opportunities; or
  8. commit any act which results in the Company breaching any applicable laws, regulations, ordinances or rules or breach the Terms of Use.

9. Other Applications and Websites

The App may contain links or other options connected to other websites, applications or devices that are not owned and operated by the Company (the "Third-party Apps"). You may log in to the Third-party Apps from the App and share the App information with the Third-party Apps. You may also upload steps and other contents from the App to the Third-party Apps. The Third-party Apps are not under control of the Company; therefore, the Company shall not be responsible for the information, functionality, products, services or contents of such Third-party Apps when you share the App information with the Third-party Apps. The Third-party Apps shall be used in accordance with the privacy policies and the terms of use of the Third-party Apps, and you must read and understand such polities and terms of use prior to using the Third-party Apps. The Company represents no express or implied recommendation of any Third-party Apps. It is your responsibility to take safety measures necessary to protect your own devices from viruses, worms, and other harmful or destructive contents that may be accessed through the Third-party Apps. The Company shall not be liable for any damages caused by the use of the Third-party Apps.

10. Disclaimer

You accept responsibility for your use of the App, any device connected to it or any mobile device used in conjunction with it. The App is provided on an "as is" basis. To the maximum extent permitted by applicable laws, the Company expressly disclaims any warranties of any kind, express or implied and without limitation, including merchantability, rights, quiet enjoyment, fitness for a particular purpose and non-infringement. Any advice or information, whether oral or written, obtained by you from or through the Company or the App shall not be covered by warranties expressly made in this Terms of Use.

To the maximum extent permitted by applicable laws, the Company does not warrant that the App meets your requirements and is accurate, complete, up-to-date, or timely, uninterrupted or safe in its operation, or error-free.

You shall be solely responsible for any damage to mobile devices and smartwatches used in conjunction with the App, as well as data obtained through access to or use of the App (including loss of data). The Company provides no warranty that the App does not contain any defects, viruses, failures or hazardous components that could damage, or allow unauthorized access to, your devices or data.

To the maximum extent permitted by applicable laws, the Company shall not be liable for any loss and damage caused or suspected to

be caused, directly or indirectly, by the App, or information or ideas contained therein or recommended or referenced thereby.

To the maximum extent permitted by applicable laws, the Company does not represent nor warrant that the App is properly available for use in all geographic locations. When accessing or using the App outside the country in which you purchased the relevant smartwatch, it is your sole responsibility to comply with all applicable laws and regulations, including export and import regulations without limitation, and you shall assume all liabilities arising from such conduct.

The Company may, at any time in its sole discretion, change, discontinue providing, terminate, or restrict access to, the App for any reason without notice.

11. Limitation of Liability for Damages

To the extent permitted by applicable laws, in no event shall the Company, its affiliates, officers, directors, shareholders, employees, agents, representatives, or their successors or assigns (“Citizen, et al.” in this paragraph) be liable, whether in contract, tort (including omission) or otherwise, for direct, indirect, incidental, special, punitive or consequential damages arising out of the App, its use, attempted use or unavailability, loss of data, or destruction of devices or other intangible property, even if the Citizen, et al. has been advised of the possibility of such damages. You agree that the Company’s aggregate liability for all damages under these Terms of Use shall be USD100, no matter the claim or cause of action. The limitation of liability for damages shall apply even if the foregoing remedy fails to achieve its essential purpose.

12. Indemnification

You agree to discharge, indemnify and hold harmless the Company, its subsidiaries and each of its officers, directors, shareholders, employees, agents, representatives, and their successors or assigns from and against all claims, damages, costs and expenses (including reasonable attorneys' fees) arising in connection with:

  1. your access to, use, attempted use, unavailability or abuse of the App;
  2. your breach of the Terms of Use;
  3. your breach of any third party rights, including copyrights, proprietary rights or privacy rights; and
  4. any claims asserting that the exploitation of the App has caused damage to a third party.

13. Governing Law and Jurisdiction

These Terms of Use shall be governed by, and construed in accordance with, the laws of Japan. These Terms of Use are not subject to the United Nations Convention on Contracts for the International Sale of Goods. You agree to submit any and all disputes arising in connection with these Terms of Use (including disputes out of contract) to the exclusive jurisdiction of the Tokyo District Court at first instance.

14. Miscellaneous Provisions

If any provision of these Terms of Use is ruled to be invalid or unenforceable, such provision shall be severed from other valid provisions hereof. The Company’s decision to release or waive liability for a given breach of the Terms of Use or default is in no way a representation that the Company has released or waived liability for past breaches or defaults, nor that it will do so on future occasions. Further, even if the Company fails to enforce strict performance of any provision of these Terms of Use, the Company shall not be deemed to have waived its rights hereunder. You may be required to agree to additional terms for access to certain sections or functions of the App. The Company shall be entitled, in its sole discretion, to transfer, assign, sublicense, or create a security interest in, the App or all or any part of these Terms of Use to or for a third-party person or entity without obtaining consent or giving notice. You shall not be entitled to assign, sublicense or transfer your rights and obligations under these Terms of Use in any way. Headings do not affect the interpretation of these Terms of Use and are provided for convenience only.

Copyright Citizen Watch Co., Ltd. All Rights Reserved.