KINETIC LAB-Link Terms of Service

Art. 1Application

1. These Terms of Service (the "Terms") set out the conditions for using "KINETIC LAB-Link" (the "Service") provided by Brotocol Japan Inc. (the "Company").
2. These Terms apply to all individuals, corporations, organizations, and other users (each a "User") who use the Service.
3. A User is deemed to have agreed to these Terms upon starting to use the Service — including purchasing, applying, registering an account, using the dedicated sensor, accessing the AI cloud service, or otherwise using the Service.
4. Any manuals, instructions, safety notices, FAQ, privacy policy, disclosures under the Act on Specified Commercial Transactions, and other individual conditions separately established by the Company in relation to the Service form part of these Terms.
5. If the content of these Terms conflicts with an individual condition, these Terms take precedence, except where the individual condition expressly states that it prevails over these Terms.

Art. 2Content of the Service

1. The Service is a product and service developed by combining the "BC Total Balance System" with a dedicated sensor, AI analysis, an internet cloud, related content, and the like, under the supervision of Osamu Yada (Director of Yada Orthopedic Clinic (Osaka City, Osaka) and Representative of the Kinetic Forum).
2. The Service consists of all or part of the following.
   • The dedicated sensor and other hardware
   • The AI cloud service
   • Display and control screens via smartphones, browsers, applications, etc.
   • Measurement results, analysis results, advice, and recommended content
   • Dedicated oil, B-TUBE, and other related products and optional products
   • Other services or products the Company provides in connection with the Service
3. The specific content, features, display, analysis items, availability period, fees, supported devices, supported OS, scope of support, and other conditions of the Service are separately determined by the Company.
4. The Company may change the content, specifications, screens, analysis items, display methods, provision conditions, and the like of the Service for reasons such as service improvement, feature additions, safety enhancements, legal compliance, AI model updates, and system maintenance.

Art. 3Non-medical service

1. The Service is not intended as a medical device, diagnostic device, treatment device, rehabilitation medical device, disease-prevention device, health-checkup service, or as medical care, diagnosis, treatment, guidance, prescription, or any other medical act by a physician.
2. The measurement results, AI analysis results, advice, recommendations, content, and other information provided by the Service are reference information about the User's physical condition, movement tendencies, balance tendencies, and the like; they do not guarantee any medical judgment, diagnosis, treatment plan, presence or absence of disease, improvement of symptoms, recovery of physical function, improvement of athletic performance, or any other outcome.
3. The User must not use the information from the Service for medical decisions based solely on their own judgment. If the User has any disease, pain, discomfort, poor health, injury, pre-existing condition, or other physical concern, the User shall consult a physician or other professional.
4. The Company does not guarantee that using the Service will improve any specific symptom, prevent or cure any disease, improve physical function to any level, improve sports performance, or produce any other specific effect.

Art. 4Conditions of use

1. To use the Service, the User shall, at their own responsibility and expense, prepare the following environment.
   • A smartphone, tablet, PC, or other device specified or recommended by the Company
   • An internet connection
   • An email address and other information necessary for account registration
   • A 5V power source to operate the dedicated sensor
   • Any other usage environment specified by the Company
2. Because the dedicated sensor has no built-in battery, the User shall prepare a mobile phone charging adapter, a mobile battery, or another appropriate 5V power source, and connect it according to the Company's instructions.
3. The Company is not liable for malfunctions, display problems, communication failures, inability to measure, data transmission failures, inability to use the Service, or other problems arising from the User's device, OS, browser, communication environment, power source, peripherals, settings, or other usage environment, except in cases of the Company's willful misconduct or gross negligence.
4. Even where the Company specifies supported devices, supported OS, recommended environments, and the like, it does not guarantee that the Service will operate correctly on all devices, OS, browsers, and communication environments.

Art. 5Who may not use / must take care

1. Anyone falling under any of the following must not use the Service.
   • Those prohibited by a physician from exercise, stretching, physical manipulation, posture changes, measurement acts, etc.
   • Those in poor health due to an acute illness, severe pain, severe dizziness, impaired consciousness, fever, infection, or the like
   • Those at risk of skin trouble, allergy, inflammation, or other abnormalities from using the sensor, oil, tube, contact parts, or other Service-related products
   • Those unable to understand the explanations, precautions, and operating methods necessary to use the Service safely
   • Others the Company deems unsuited to using the Service
2. Anyone falling under any of the following shall consult a physician or other professional in advance and use the Service at their own responsibility.
   • Those who are pregnant or may be pregnant
   • Those with a pre-existing condition such as heart disease, cerebrovascular disease, neurological disease, orthopedic disease, or chronic illness
   • Those who are post-surgery, under treatment for an injury, or in rehabilitation
   • The elderly, minors, and those with concerns about physical function
   • Others with concerns about their physical condition
3. When a minor uses the Service, they shall do so under the consent and supervision of a person with parental authority or another legal representative.

Art. 6Safety notices

1. When using the Service, the User shall comply with the manuals, safety notices, displays, warnings, guidance, and other instructions established by the Company.
2. The User must not do any of the following.
   • Continue using the Service while feeling pain, dizziness, numbness, nausea, shortness of breath, palpitations, severe fatigue, discomfort, or other abnormalities
   • Measure or train in an unreasonable posture, with excessive load, with sudden movements, or in a dangerous location
   • Use the Service after drinking alcohol or taking drugs, when extremely fatigued, when sleep-deprived, or otherwise when safe use is difficult
   • Disassemble, modify, or repair the dedicated sensor, use it while wet, or subject it to overheating, drops, or strong impacts
   • Use power sources, cables, or peripherals not specified by the Company
   • Use or store it near fire, in high heat and humidity, water exposure, dust, strong magnetism, or other environments unsuitable for a precision instrument
   • Use the Service for a purpose other than its intended purpose
3. If a physical abnormality, pain, deterioration in health, skin trouble, or other problem occurs during use, the User shall immediately stop using the Service and consult a physician or other professional as needed.
4. The Company is not liable for damages arising from the User's violation of the precautions in this Article, except in cases of the Company's willful misconduct or gross negligence, or where the Company is liable under the Product Liability Act or other laws.

Art. 7Handling of the dedicated sensor

1. The User shall use and store the dedicated sensor with the care of a good manager.
2. The dedicated sensor shall be used only in the manner, for the purposes, and in the environments specified by the Company.
3. The User must not do any of the following with the dedicated sensor.
   • Disassembly, modification, analysis, or reverse engineering
   • Lending, transferring, reselling, sharing, or pledging it to a third party
   • Connecting it to parts, consumables, power sources, cables, or peripherals not approved by the Company
   • Providing it to third parties or using it commercially at commercial facilities, clinics, gyms, events, etc., except where the Company has separately consented in writing
   • Any other use the Company deems inappropriate
4. The User bears the costs of the power source, device, communication fees, and other surrounding-environment costs necessary to use the dedicated sensor.

Art. 8Hardware warranty

1. The warranty period for the dedicated sensor unit is one year from the date of purchase.
2. If, within the warranty period, a failure or defect occurs in the dedicated sensor unit under normal use and the Company determines it to be an initial defect or product defect, the Company will, at its discretion, provide repair, replacement, a substitute, or another reasonable remedy.
3. Even within the warranty period, the following are excluded from warranty coverage.
   • Failures due to the User's misuse, carelessness, drops, impact, water exposure, fire, natural disaster, overvoltage, use of an inappropriate power source, or poor storage
   • Failures due to disassembly, modification, unauthorized repair, or use of parts/peripherals not specified by the Company
   • Wear, deterioration, scratches, dirt, or discoloration from normal use
   • Wear or breakage of consumables, accessories, sensor tip parts, and other items the Company defines as consumables
   • Cases where the purchase history, purchase date, or the fact that it is a genuine purchased product cannot be confirmed
   • Other cases the Company reasonably determines to be outside warranty coverage
4. Sensor tip parts and other consumables are excluded from warranty coverage; if wear, deterioration, breakage, loss, or the like occurs, the User shall purchase a replacement at their own expense.
5. The warranty under this Article, to the extent permitted by law, consists of repair, replacement, or a substitute for the dedicated sensor unit, and does not compensate for the User's lost profits, indirect damages, special damages, data loss, damages during a period of unavailability, or other damages, except in cases of the Company's willful misconduct or gross negligence, or where the Company is liable under the Product Liability Act or other laws.

Art. 9AI cloud service

1. The AI cloud service provides reference information such as body balance, movement tendencies, and training suggestions, based on the dedicated sensor and other input information.
2. Using the AI cloud service requires meeting the conditions established by the Company, such as a usage agreement, account registration, payment of usage fees, an internet connection, and a supported device.
3. AI analysis results may vary depending on the input data, usage environment, sensor condition, communication condition, algorithm, AI model, the User's operating method, and other factors.
4. The Company does not guarantee the completeness, accuracy, currency, usefulness, fitness for a particular purpose, reproducibility, or continuity of AI analysis results, their conformity to the User's expectations, or the achievement of any specific outcome.
5. The User shall use AI analysis results as reference information, and shall make important physical decisions, medical decisions, decisions about training intensity, and other decisions affecting the body carefully and at their own responsibility.
6. The Company may change the AI model, analysis logic, displayed content, recommendations, scoring methods, and other specifications of the AI cloud service for purposes such as service improvement, accuracy enhancement, feature additions, and safety enhancements. In such cases, past and future analysis results may not match.

Art. 10Subscription & prepaid

1. The AI cloud service is provided on a monthly, annual, multi-year, prepaid, or other basis determined by the Company.
2. Usage fees, contract periods, renewal conditions, payment methods, cancellation methods, refund conditions, campaign conditions, and other transaction conditions follow what the Company separately displays or notifies.
3. If the User does not complete the Company's prescribed renewal procedure or make an additional purchase by the end of the contract period, the AI cloud service stops at the end of the contract period.
4. Where the subscription is on an auto-renewal basis, the User agrees that the contract will renew on the same or displayed conditions unless the User completes the cancellation procedure by the Company's prescribed deadline.
5. In the case of a prepaid method, usage periods or usage rights already purchased cannot be refunded, redeemed, reimbursed, extended, or transferred to another account, except where required by law or otherwise permitted by the Company.
6. If the User violates these Terms, the Company may suspend use of the AI cloud service, suspend the account, terminate the contract, or take other necessary measures even during the usage period. In such cases, the Company will not refund fees already paid, except where required by law.

Art. 11Account management

1. The User shall, at their own responsibility, appropriately manage their ID, password, authentication information, registered email address, and other account information.
2. The User must not lend, share, transfer, sell, change the name on, pledge, or otherwise dispose of their account, usage rights, remaining period, measurement data, analysis results, or other rights or information relating to the Service to a third party.
3. The Company is not liable for damages arising from poor management of account information, operational errors, third-party use, unauthorized access, or other causes attributable to the User, except in cases of the Company's willful misconduct or gross negligence.
4. If the User becomes aware of leakage, theft, unauthorized use, or other anomaly of account information, they shall contact the Company immediately.

Art. 12Collection & use of data

1. The User consents to the Company collecting, storing, analyzing, and using the following information to the extent necessary to provide the Service.
   • Name, email address, address, phone number, payment information, and other registration information
   • Measurement data obtained by the dedicated sensor
   • Body balance, movement tendencies, usage history, operation history, and analysis results
   • Device information, OS, browser information, IP address, log information, cookies, and other technical information
   • Inquiry content, survey responses, and support history
   • Other information necessary for providing, improving, and securely managing the Service
2. The Company uses the collected information for the following purposes.
   • Providing the Service, identity verification, and account management
   • Measurement, AI analysis, displaying results, and creating reports
   • Billing usage fees, payment, and contract management
   • Responding to inquiries, support, and investigating defects
   • Service improvement, quality enhancement, research and development, and AI model improvement
   • Creating and using statistical data, anonymously processed information, or data processed so that individuals cannot be identified
   • Announcing new products, related services, campaigns, collaborations, advertisements, events, and the like
   • Preventing and responding to unauthorized use, violations of these Terms, accidents, and security incidents
   • Responding to laws, administrative agencies, courts, and other public authorities
   • Other purposes incidental to the above
3. The Company handles personal information in accordance with a separately established privacy policy.
4. Body-related data obtained through the Service may, depending on its content, constitute information requiring careful handling. The Company will take necessary safety-management measures in accordance with applicable law and the privacy policy.
5. The User understands and agrees that, by the nature of the Service, body data and measurement data are transmitted over the internet to the Company or to a cloud environment used by the Company.

Art. 13Third-party provision & outsourcing

1. The Company will not provide the User's personal information to third parties, except where based on law, where the User consents, where an outsourcing contractor is allowed to handle it to the necessary extent, or as otherwise set out in the privacy policy.
2. The Company may outsource operations to external providers such as cloud providers, payment providers, delivery providers, customer support providers, system development providers, and advertising providers, to the extent necessary to provide the Service.
3. In the case of the preceding paragraph, the Company shall exercise necessary and appropriate supervision over the contractor.

Art. 14Handling of measurement & analysis results

1. Measurement results, analysis results, scores, recommended advice, reports, and other information displayed by the Service are reference information based on the input data and the like at the time of measurement.
2. Measurement or analysis results may vary depending on the User's measurement posture, measurement environment, sensor placement, communication condition, device performance, physical condition, accuracy of input information, and other factors.
3. The Company does not guarantee the completeness, accuracy, medical validity, fitness for a particular purpose, or conformity to the User's expectations of any measurement or analysis result.
4. When performing training, physical manipulation, exercise, treatment, therapy, competitive activity, or other acts based on measurement or analysis results, the User shall give due regard to safety at their own responsibility.

Art. 15Optional products

1. Dedicated oil, B-TUBE, and other optional products are not pharmaceuticals, quasi-drugs, medical devices, therapeutic instruments, or intended for the diagnosis, treatment, or prevention of disease. However, where a specific product has a different display or approval under law, that display shall govern.
2. Before using an optional product, the User shall check its ingredients, materials, usage method, precautions, contraindications, allergies, and the like.
3. If itching, redness, eczema, pain, discomfort, poor health, or other abnormality occurs during or after use, the User shall immediately stop using it and consult a physician or other professional as needed.
4. The Company is not liable for damages arising from the User's violation of the usage method, precautions, or storage method, except in cases of the Company's willful misconduct or gross negligence, or where the Company is liable under the Product Liability Act or other laws.

Art. 16Prohibited acts

When using the Service, the User must not do any of the following.

• Acts that violate laws, public order and morals, or these Terms
• Registering or transmitting false, inaccurate, or misleading information
• Using the Service while impersonating a third party
• Lending, transferring, selling, or sharing an account, usage rights, the dedicated sensor, analysis results, and the like with a third party
• Using the Service for medical acts, diagnosis, treatment, therapy, rehabilitation, health checkups, or other business purposes not approved by the Company
• Using the Service, without the Company's prior consent, for a business, facility, event, course, consulting, treatment, training, or the like that provides the Service to third parties
• Disassembling, analyzing, modifying, or reverse-engineering the dedicated sensor, software, or AI cloud service
• Placing an excessive load on the Service's systems, servers, or network
• Unauthorized access, cracking, scraping, data extraction, or security circumvention
• Infringing the intellectual property, privacy, reputation, credit, or other rights and interests of the Company, other Users, or third parties
• Interfering with the operation of the Service
• Providing benefits to antisocial forces or similar acts
• Other acts the Company deems inappropriate

Art. 17Intellectual property

1. All intellectual property rights relating to the Service — including software, AI models, algorithms, analysis logic, screens, design, text, images, video, audio, logos, trademarks, know-how, databases, manuals, and content — belong to the Company or the rightful right holder.
2. The User may use the Service only to the extent necessary to use the Service.
3. Without the Company's prior written consent, the User must not reproduce, reprint, alter, adapt, sell, distribute, publicly transmit, lend, sublicense, analyze, or commercially use the Service or the content it contains.
4. The Company may freely use, without charge, any opinions, requests, suggestions, feedback, and the like the User provides regarding the Service, for purposes such as service improvement, product development, and advertising.

Art. 18Suspension & interruption of the Service

1. The Company may suspend, interrupt, or restrict all or part of the Service in any of the following cases.
   • When maintaining, inspecting, or updating systems, servers, communication lines, the cloud environment, AI models, and the like
   • When a failure, defect, accident, or security incident occurs
   • When force majeure occurs, such as an earthquake, lightning, fire, wind or flood damage, power outage, infectious disease, war, riot, legal amendment, administrative guidance, or suspension of a third-party service
   • When the User violates these Terms
   • When the Company otherwise determines that continuing to provide the Service is difficult or inappropriate
2. When suspending or interrupting the Service under the preceding paragraph, the Company will endeavor to give reasonable prior notice. However, this does not apply in an emergency.
3. The Company is not liable for damages the User incurs due to the suspension, interruption, or restriction of the Service under this Article, except in cases of the Company's willful misconduct or gross negligence.

Art. 19Change & termination of the Service

1. The Company may change, add to, discontinue, or terminate all or part of the content of the Service for business, technical, legal, or other reasons.
2. When terminating the entire Service, the Company will, in principle, give notice by its prescribed method at least three months before termination, so as to minimize inconvenience to Users. However, this does not apply where there are urgent and unavoidable circumstances. Please understand in advance that, in principle, we cannot provide refunds of usage fees or other compensation in connection with termination of the Service (except where required by law).
3. The Company is not liable for damages the User incurs due to the change, addition, discontinuation, or termination of the Service, except in cases of the Company's willful misconduct or gross negligence.

Art. 20Suspension of use & termination

1. The Company may, without prior notice, suspend the account, suspend use, delete data, terminate the contract, or take other necessary measures if the User falls under any of the following.
   • Violates these Terms
   • Has falsehoods, errors, or deficiencies in their registration information
   • Fails to pay usage fees
   • Is found to have engaged in unauthorized use, dangerous use, unauthorized provision to third parties, or other inappropriate use
   • Has caused or is likely to cause damage to the Company, other Users, or third parties
   • Is determined by the Company to be, or to be involved with, antisocial forces
   • Is otherwise determined by the Company to be inappropriate to continue using the Service
2. Even where use is suspended or the contract is terminated under the preceding paragraph, the User is not relieved of payment obligations or other obligations that have already arisen.
3. The Company is not liable for damages the User incurs due to measures under this Article, except in cases of the Company's willful misconduct or gross negligence.

Art. 21Returns, exchanges & cancellation

1. Conditions for returns, exchanges, cancellations, refunds, and contract termination of products follow the return policy, the disclosures under the Act on Specified Commercial Transactions, the sales pages, and other displays separately established by the Company.
2. For the dedicated sensor, consumables, optional products, and other goods, the Company may decline returns or exchanges if there is soiling, damage, or a missing item attributable to the User after opening or use.
3. For the AI cloud service and other digital services, cancellations, refunds, or period changes will not be accepted after use begins or usage rights are granted, except where required by law or otherwise permitted by the Company.

Art. 22Disclaimer & liability

1. All responsibility for this product and Service rests with the Company.
2. The Company does not guarantee the following regarding the Service.
   • That the User's physical condition, health, athletic performance, lifestyle, posture, movement, performance, or the like will improve
   • That measurement results, analysis results, or AI advice are complete, accurate, current, or useful
   • That the Service can always be used without interruption, safely, and without error
   • That it will operate correctly on the User's device, communication environment, power source, or peripherals
   • That the Service conforms to the User's specific purpose or expectations
3. The Company is not liable for damages arising from the User's use of or inability to use the Service, except in cases of the Company's willful misconduct or gross negligence.
4. Notwithstanding the preceding paragraph, even where the Company is liable, its liability is limited to ordinary and direct damages, and it is not liable for special damages, indirect damages, lost profits, loss of business opportunity, data loss, emotional distress, or other consequential damages, except in cases of the Company's willful misconduct or gross negligence, damages to life or body, or where the Company cannot be relieved of liability under the Product Liability Act or other laws.
5. Where the Company bears liability for damages to the User, the amount is capped at the total usage fees the User paid to the Company in the most recent 12 months for the Service that caused the damage, except in cases of the Company's willful misconduct or gross negligence, damages to life or body, or where the Company cannot be relieved of liability under the Product Liability Act or other laws.
6. If the User violates these Terms or causes damage to the Company, other Users, or third parties through inappropriate use of the Service, the User shall compensate for that damage.

Art. 23Exclusion of antisocial forces

1. The User represents and warrants that they are not an antisocial force and have no relationship with antisocial forces.
2. If the User violates the preceding paragraph, the Company may, without prior notice, suspend use of the Service, terminate the contract, or take other necessary measures.

Art. 24Changes to these Terms

1. The Company may change these Terms in the following cases.
   • Where the change conforms to the general interests of Users
   • Where the change does not contravene the purpose of these Terms and is reasonable in light of the necessity of the change, the appropriateness of the content after the change, and other circumstances
   • Where the Company deems it necessary due to legal amendments, administrative guidance, changes to the Service, security responses, or the like
2. When changing these Terms, the Company will notify Users of the content after the change and the effective date by posting on the Company's website, email notice, display within the Service, or another appropriate method.
3. If the User uses the Service on or after the effective date of the change, the User is deemed to have agreed to the changed Terms. However, where the individual consent of the User is required by law, the Company will obtain consent by its prescribed method.

Art. 25Notices & communication

1. Notices from the Company to the User are made by display within the Service, posting on the Company's website, sending to the registered email address, or another method the Company deems appropriate.
2. If a change occurs in registration information, the User shall promptly complete the change procedure by the Company's prescribed method.
3. Even where a notice does not reach the User due to circumstances on the User's side — such as deficiencies in registration information, an incomplete change, or email reception settings — the notice is deemed to have reached the User at the time it would normally have arrived.

Art. 26No assignment of rights or obligations

1. Without the Company's prior written consent, the User must not assign, lend, succeed, pledge, or otherwise dispose of their status, rights, obligations, account, usage rights, remaining period, or any other rights and obligations relating to the Service under these Terms to a third party.
2. Where the Company transfers, spins off, merges, or otherwise has its business relating to the Service succeeded to by a third party, the Company may transfer its status, rights and obligations under these Terms, User information, and other information relating to the Service to that successor.

Art. 27Severability

Even if any provision of these Terms, or part of it, is held invalid or unenforceable by law or by a court, the remaining provisions of these Terms and the remaining part of that provision shall continue in effect.

Art. 28Governing law & jurisdiction

1. These Terms are governed by the laws of Japan.
2. If a dispute arises between the User and the Company regarding the Service or these Terms, the Tokyo District Court shall be the court of exclusive agreed jurisdiction for the first instance. However, where a different jurisdiction is granted by law for consumer contracts, that law shall govern.