Terms of Service

Last Updated: February 23, 2025

1. Application and Acceptance of Terms

These Terms of Service (hereinafter referred to as "these Terms") govern your use of PCheckAI app (hereinafter referred to as "the App") provided by Akira Kawata (hereinafter referred to as "we" or "our Company").

By downloading or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the App.

The App is intended for users aged 13 and above. Users under age of 13 may not use the App without parental consent.

1.1 Relationship with Apple

You and we acknowledge that these Terms are concluded between you and us, and not with Apple Inc. (hereinafter "Apple"), and that we, not Apple, are solely responsible for the App and its content.

The Terms may not provide for usage rules for the App that are in conflict with the Apple Media Services Terms and Conditions as of the Effective Date (which you acknowledge you have had the opportunity to review).

2. Changes to Terms

We reserve the right to modify these Terms at any time without prior notice. The revised Terms will become effective upon posting on this page.

For significant changes, we may notify you through in-app notifications. Continued use of the App after changes to these Terms constitutes acceptance of the revised Terms.

3. License Grant

We grant you a non-exclusive, non-transferable, worldwide license to use the App. You may use the App only for personal use.

3.1 Scope of License

The license granted to you for the App must be limited to a non-transferable license to use the App on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

3.2 Prohibitions

You may not engage in any of the following:

  • Reverse engineer, decompile, or disassemble the App
  • Extract or analyze the App's source code
  • Modify, adapt, or translate the App
  • Copy, distribute, sell, or lend the App
  • Use the App for commercial purposes or for the benefit of third parties
  • Incorporate any part or all of the App into other products or services

If you sell or transfer the device on which the App is installed, you must uninstall the App.

4. Maintenance and Support

We must be solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms, or as required under applicable law.

You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

5. Warranty

We must be solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

6. Product Claims

You and we must acknowledge that we, not Apple, are responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of that App, including, but not limited to:

  • (i) product liability claims;
  • (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and
  • (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of HealthKit and HomeKit frameworks.

The Terms may not limit our liability to you beyond what is permitted by applicable law.

7. Intellectual Property

All rights related to the App (copyright, trademark rights, patent rights, and other intellectual property rights) belong to us or the legitimate rights holders.

You may not reproduce, reuse, or use content obtained from the App (images, text, designs, logos, etc.) without our prior written consent.

Third-party intellectual property rights included in the App are either authorized by the respective rights holders or used within a lawful scope.

7.1 Third Party Intellectual Property Infringement

You and we must acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

8. Legal Compliance

The End-User must represent and warrant that:

  • (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
  • (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

9. Third Party Terms

The Terms state that you must comply with applicable third party terms of agreement when using the App.

The App uses the following third-party services, each of which has its own terms of service:

9.1 OpenAI

9.2 Google (AdMob)

9.3 Google (Analytics 4)

10. Apple as Third Party Beneficiary

You and we must acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

11. Data and Privacy

Your personal information will be handled in accordance with our separate Privacy Policy. In using the App, we may collect and use the following information:

  • Device ID
  • Advertising Identifier (IDFA/AAID)
  • Usage Data
  • Pregnancy Test Images

For details, please refer to our Privacy Policy:

Privacy Policy

12. Warranty and Disclaimer

The App is provided "AS IS." We make no warranties, express or implied, regarding the App.

In particular, we do not warrant the following:

  • The normality, completeness, accuracy, or reliability of the App
  • That the App meets your requirements
  • That defects in the App will be corrected
  • Maintenance of compatibility due to OS version updates, etc.

Important Notice

This App is not a medical device and is intended as a decision support tool only. Results from the App should be used for reference only, and for accurate diagnosis, please consult a medical professional. We assume no liability for any judgments or actions taken based on results of this App.

We are not liable for malfunctions not attributable to us, such as natural disasters, force majeure, or carrier failures.

13. Limitation of Liability

We are not liable for any damages arising from the use of the App (direct damages, indirect damages, lost profits, data loss, etc.), except in cases of gross negligence or willful misconduct.

Even in cases where we are grossly negligent, the maximum amount of damages we shall be liable for shall be the total amount of fees you have paid to us for the Service in the past 3 months (or 1,000 JPY if said amount is less than 1,000 JPY).

However, this clause does not define disclaimer terms that are disadvantageous to consumers, regardless of the provisions of the Consumer Contract Act.

14. Termination and Suspension of Service

You may terminate your use of the Service at any time by uninstalling the App.

We reserve the right to terminate or suspend all or part of the Service without prior notice to you in the following cases:

  • If you violate these Terms
  • If violations of laws or illegal acts are suspected
  • If technical issues or maintenance are necessary
  • If we deem termination or suspension necessary for other reasons

Upon termination of the Service, we will not provide refunds or compensation to you.

15. Applicable Law and Jurisdiction

These Terms shall be interpreted and applied in accordance with the laws of Japan.

In the event of a dispute regarding the Service, parties shall negotiate in good faith. If negotiations do not reach agreement, the Chiba District Court or Tokyo District Court shall be the exclusive court of first instance for jurisdiction.

16. Contact Information

For questions, comments, or inquiries regarding these Terms or the App, please contact us at the following address.

Operator Information

  • Operator Name: Akira Kawata
  • Address: 960-2 Nishihirai, Nagareyama-shi, Chiba-ken 270-0156, Japan
  • Email: eerf0309+aurum@gmail.com
  • Phone: +81 70 9009 0565

17. Other Provisions

17.1 Severability

If any provision of these Terms is deemed invalid or unenforceable under law, the remaining provisions of these Terms shall remain in full force and effect.

17.2 Entire Agreement

These Terms constitute the entire agreement between us and you regarding all matters negotiated regarding the App, and supersede all prior agreements (oral, written, email, etc.).

17.3 Third-Party Beneficiaries

These Terms are for the benefit of you, your successors, and assigns, and do not confer rights upon any third party.