NOBORI Service Terms of Use
These Terms of Use of the NOBORI Service aim to fulfill the following purposes.
- 1. Indicate the definition of the Service.
- 2. Indicate the purpose of the Service, its terms of use, fees, and conditions for sharing with family members.
- 3. Indicate cancellation and data deletion.
- 4. Indicate prohibited matters regarding the use of the Service.
- 5. Explain transferring the right to use the Service and its restrictions.
- 6. Explain situations that may lead to suspension of use or forced deletion of information.
- 7. Explain the possibility of temporary suspension or cancellation of the Service.
- 8. Indicate the scope of warranty regarding the Service.
- 9. Indicate compensation for mutual damages.
- 10. Indicate the privacy policy to protect personal information.
- 11. Indicate restrictions on secondary use of stored information.
- 12. Indicate the communication method for the users.
- 13. Explain rights ownership for the service.
- The following sections (Articles 14 to 17) explain contractual matters.
PSP Corporation (hereinafter referred to as “PSP”) has established the following Terms of Use regarding the “Service” (defined in Article 1, Item 1).
Article 1. Definition of Service
(1) Service
“Service” refers to the service that allows individuals to manage the cloud-based storage of their medical information generated by medical institutions and other providers and access it via computers, smartphones, etc., and other associated services. Third parties can also access medical information if the permission is granted through the procedures established by PSP.
(2) Service User
“Service User” means each person who has agreed to all the contents of these Terms, applied for and registered as a user of this Service, and is using this Service.
Article 2. Use of Service
- 1. The Service enables Service Users to control their own medical information throughout their lifetime, improve their own health, prevent diseases, obtain understanding and knowledge of medical services, and communicate smoothly with doctors. Its purpose is to contribute to the development of medical science and public health. The information provided through this service is intended solely for the above purposes, and medical information needed for purposes other than the above must be directly requested from the relevant medical institution.
- 2. In this Service, upon using the Service by the Service User, medical information (including information that cannot be accessible by the Service) of the Service User may be provided to medical institutions different from the medical institution it is originated from.
- 3. The Service User shall use the Service after preparing the equipment and environment to access the Service at the Service User’s own responsibility and expense.
- 4. Service users shall use this Service in accordance with the security conditions and usage procedures specified by PSP.
- 5. To use the Service, Service Users are charged by PSP with a monthly fee. This fee is a monthly fee per one Service User and does not increase depending on the number of medical institutions that generate medical information.
- 6. Notwithstanding the preceding paragraph, some functions of the Service will continue to be available free of charge. With the free service, medical information will be automatically deleted one year after it was generated. Service users will be informed in advance of the possibility of data deletion. Even while using the free service, Service Users can switch to the paid service by paying the fee described in the preceding paragraph using the method specified by PSP to continue using the Service without any restrictions or restrictions on the data retention period. Even if a Service User does not opt for the paid service, they can continue using this Service for the one-year data retention period. The restriction on data retention period is removed after switching to the paid plan. The data deleted before switching will not be restored.
- 7. Service Users, acting in accordance with legal or contractual provisions, may register to use the Service as a representative or on behalf of those unable to register to use the Service directly, such as children, elderly, or other family members. In that case, the person acting as a representative or on behalf of someone else shall agree to all contents of these Terms and be responsible for the service fees stipulated in Item 5 of this Article.
- 8. Access to medical information of a child will be terminated for the person acting as their representative of on their behalf in the occurrence of the events determined by PSP such as reaching the age of adulthood, a change in parental authority, etc.
- 9. Notwithstanding the provisions of Item 5 of this Article, if there is an individual agreement between the medical institution that is the source of medical information and the PSP, the above monthly fee may be exceptionally paid by the medical institution only for Service Users who meet specific conditions. Please check with your medical institution for details.
Article 3. Cancellation by Service User
- 1. Service Users may cancel the service contract at any time. At the time of cancellation, Service Users can obtain the information stored by the moment of cancellation or delete the stored information by themselves. Any stored information that is not deleted by Service Users themselves are deemed to have waived the right of disposal, and PSP will handle it in accordance with the relevant laws and regulations regarding personal information.
- 2. Service Users can individually delete stored information at their own will and choice in units specified by PSP.
- 3. On resuming using the Service after contract cancellation, the previously deleted information of the Service User cannot be restored.
Article 4. Prohibited Matters
When using this Service, Service Users shall not engage in the following acts.
- 1. Infringement of intellectual property rights such as copyrights or other rights or legal interests of third parties and PSP.
- 2. Slander or defamation of third parties and PSP, as well as acts that cause disadvantage to third parties and PSP.
- 3. Acts that violate public order and morals.
- 4. Acts that violate or may violate laws and regulations.
- 5. Acts that are or may be linked to the activities of anti-social forces.
- 6. Acts that interfere with or disrupt this Service.
- 7. Acts that place an unnecessary load on the system infrastructure provided by PSP, or preparatory acts to do so, or attempts of unauthorized access, or preparatory acts to do so.
- 8. Acts of using the Service and PSP’s systems that do not follow PSP’s instructions.
- 9. Acts that violate or may violate these Terms.
- 10. Other acts that PSP deems inappropriate for the operation and management of this Service.
Article 5. Transfer Restrictions
- 1. Service Users shall not transfer or inherit their status under the service contract or the rights and obligations under these Terms to a third party without the prior written consent of PSP.
- 2. Service Users are solely responsible for the use and management of authentication information, and shall not allow its use by third parties, lending, transferring, or selling.
- 3. Any use of this Service using authentication information will be deemed to have been made by the Service User who has the authentication information.
- 4. Regardless of the cause, PSP shall not be held responsible for any damage suffered by Service Users due to the use of authentication information by a third party. Additionally, if PSP or a third party suffers damage due to the authentication information being used by someone other than the Service User, the Service User who owns the authentication information shall compensate for the damage.
Article 6. Suspension of Use and Forced Deletion of Information
- 1. PSP may suspend the right to use this Service for the Service User without prior notice if the Service User:
- (1) Violated these Terms.
- (2) Provided false registered information.
- (3) Provided invalid registration information including email address.
- (4) Determined by PSP to be not suitable for using this Service.
- 2. PSP may delete the Service User’s information stored in the system in case if PSP deems the Service User violates these Terms, or in order to protect the rights or legal interests of PSP or a third party, or for ensuring other aspects of the operation or management of the Service.
Article 7. Suspension/Termination of Service
PSP may suspend or terminate the provision of this Service without prior notice for any reason (including, but not limited to, maintenance of the server providing this Service, functionality improvements, and ensuring the interests of Service Users).
Article 8. Limited Warranty
- 1. The medical information provided through this Service has been optimized, excerpted, and processed for the Service User’s own reference, and its content may differ from the medical information stored at medical institutions.
- 2. Service Users shall use this Service at their own risk, and PSP shall not provide any guarantee of the accuracy, completeness, usefulness, suitability of the content of this service, suitability for the user’s purpose of use, lack of any defects or failures, as well as any other guarantee regarding this Service.
- 3. PSP does not guarantee whether the inquiries from Service Users will be responded to, nor the validity or accuracy of the response.
Article 9. Compensation for Damages
- 1. The Service User agrees that PSP shall not be liable for any damages arising from the use or inability to use the Service, changes to the content of the Service, suspension or termination of the provision of the Service, loss of data, or any other occurrences arising from or related to the Service, except acts of intentional damage or gross negligence. Even if PSP is held responsible for any reason, it will not be liable for incidental damages, indirect damages, special damages (regardless of whether they are foreseeable), future damages, or lost profits.
- 2. By using this Service, Service Users shall not cause any damage or disadvantage to PSP or any third party.
- 3. If the Service User causes damage or disadvantage to PSP by using this Service, the Service User shall provide compensation or reparation to PSP for such damage (including attorney’s fees) or disadvantage. Also, if PSP receives a claim for damages from a third party due to an act of Service User, the Service User shall provide compensation or reparation to PSP for the damages (including attorney’s fees).
- 4. If a Service User has a dispute with a third party or causes damage to a third party due to the use of this service, the Service User shall resolve the dispute and compensate for the damage at their own expense and responsibility.
Article 10. Personal Information Protection
In accordance with the “Security Policy” and “Privacy Policy ” published on the PSP’s website, PSP will protect the registered information of users obtained during registration for using the Service and will not disclose or leak it to third parties. However, this does not apply if disclosure is made after obtaining prior written consent from the user, if disclosure is required by the national or local government, or otherwise as provided by law.
Article 11. Secondary Use of Medical Information by Third Parties
- 1. PSP will not provide Service Users’ medical information to any third party unless having the consent of the Service User.
- 2. Before disclosing medical information to a third party, PSP shall specify the target information items, scope of use, purpose of use, form of provision of information, period of use, and third parties to whom the information will be disclosed and obtain the consent of the Service User.
- 3. Service users are deemed to have understood and consented to the possibility of receiving inquiries for such consent as described in the preceding paragraph.
Article 12. Contact From Users
If a Service User needs to contact PSP regarding this Service, they shall do so by email to the relevant contact point announced on the NOBORI app, and no other methods of contact will be accepted. Also, inquiries regarding the content of medical information shall be directed to the medical institution that created the medical information, and PSP will not act as an intermediary for such communications.
Article 13. Intellectual Property Rights
All intellectual property rights related to this Service belong to PSP or are provided by PSP with its license. Service Users agree not to infringe on those intellectual property rights.
Article 14. Changes to Terms
PSP may change these Terms within a reasonable period after a notice. Changes will become effective immediately from the time they are communicated, regardless of the notification method.
Article 15. Confidentiality
Unless prior written consent is obtained from PSP, Service Users agree to treat as confidential the publicly unavailable information disclosed to them by PSP with the request to treat it as confidential.
Article 16. Severability
Even if any provision or part of these Terms is determined to be invalid based on laws and regulations, the remaining provisions and terms will remain valid.
Article 17. Governing Law, Dispute Resolution
The governing law of these Terms shall be Japanese law. Also, for any disputes that arise between PSP and users related to this Service or these Terms, the Tokyo District Court shall have exclusive jurisdiction of the first instance.
Revised on January 17, 2021
Revised on April 1, 2022
Revised on March 1, 2023
Revised on March 21, 2024