These Terms of Service (hereinafter referred to as “Terms”) set forth the terms and conditions for use of the EntoLens app (hereinafter referred to as “Application”) provided by Akira Kawata (freeweb) (hereinafter referred to as “we”, “us”, or “our”). By downloading or using the Application, you (hereinafter referred to as “User”) are deemed to have agreed to these Terms. If you do not agree to these Terms, you may not use the Application.
Article 1 (Scope of Application)
These Terms apply to all relationships between Users and us regarding the use of the Application.
Article 2 (Agreement to Terms)
By downloading or using the Application, the User is deemed to have agreed to all provisions of these Terms. Users who are minors must obtain the consent of their legal guardian before using the Application.
Article 3 (Changes to Terms)
We may change these Terms at any time. The revised Terms shall become effective when posted within the Application or on this website. By continuing to use the Application after changes are made, the User is deemed to have agreed to the revised Terms.
Article 4 (License Grant)
We grant the User a non-exclusive, non-transferable license to use the Application for personal and non-commercial purposes on any Apple-branded Products that the User owns or controls, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Application may be accessed and used by other accounts associated with the User via Family Sharing or volume purchasing. The User shall not:
- Reverse engineer, decompile, or disassemble the Application
- Modify, adapt, or create derivative works of the Application
- Redistribute, sell, or lend the Application
- Extract or analyze the source code of the Application
- Use the Application simultaneously on multiple devices beyond the scope of reasonable personal use
Article 5 (Prohibited Activities)
The User shall not engage in the following activities when using the Application:
- Activities that violate applicable laws
- Infringement of our rights or the rights of third parties (including copyright, trademark, and other intellectual property rights)
- Sending excessive requests to the insect identification feature, using automated tools, or any other activities that place an unreasonable load on our systems
- Attempting unauthorized access to our servers or systems
- Improper collection or accumulation of information provided through the Application
- Circumventing or disabling the security features of the Application
- Activities that are against public order and morality, or that constitute defamation or harassment of others
- Any other activities that we deem inappropriate
We may immediately suspend the use of the Application by a User who violates this Article.
Article 6 (Intellectual Property)
All copyrights and other intellectual property rights in the content, design, text, images, logos, and software contained in the Application (collectively, “Content”) belong to us or third parties who hold legitimate rights. The license granted under these Terms does not constitute a transfer of copyrights or other intellectual property rights in the Content.
Article 7 (Service Description)
The Application provides a free AI-powered insect identification service. Users provide images via camera or gallery, and the AI identifies the insect species.
- Identification results are provided as reference information only. We do not guarantee their accuracy, completeness, or reliability.
- Information about dangerous or harmful insects may be included, but we do not guarantee the accuracy of such information. Users should exercise sufficient caution and use their own judgment when coming into contact with actual insects.
- An internet connection is required to use the Application.
- Images used in the Application are sent to the OpenAI API for the purpose of insect identification.
Article 8 (Disclaimer)
The Application is provided on an “AS IS” basis. We make no warranties, express or implied, regarding the functionality, accuracy, reliability, or fitness for a particular purpose of the Application.
- We make no warranties regarding the accuracy of insect identification results.
- We make no warranties regarding the accuracy of danger level assessments, ecological roles, handling advice, or other information.
- Except as limited by the liability limitations set forth in these Terms, we shall not be liable for any damages incurred by the User arising from or related to the use of the Application.
- We shall not be liable for any interruption, delay, modification, or termination of the Application.
- We do not guarantee that the Application will function properly on all devices or operating systems.
Article 9 (Limitation of Liability)
Except in cases of our willful misconduct or gross negligence, our aggregate liability for damages arising from or related to the Application shall be limited to the total amount of fees paid by the User for the Application during the three (3) months immediately preceding the event giving rise to the claim (or 1,000 yen if such amount is less than 1,000 yen). We shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, or loss of profits.
Article 10 (Personal Information and Privacy)
The handling of personal information in connection with the use of the Application shall be governed by our Privacy Policy. By using the Application, the User is deemed to have agreed to the Privacy Policy.
Article 11 (Suspension and Termination)
The User may terminate the use of the Application at any time by uninstalling it. We may suspend or restrict the User’s use of the Application without prior notice if the User violates these Terms or for other justifiable reasons.
Article 12 (Third-Party Services)
The Application uses the following third-party services. The respective terms of service and privacy policies of each service apply to their use:
- OpenAI API — Image analysis for insect identification (OpenAI Terms of Use)
- Google Analytics 4 — Usage analytics (Privacy Policy)
- Google AdMob — Advertising (Privacy Policy)
We make no warranties regarding the availability, accuracy, or functionality of these third-party services.
Article 13 (Governing Law and Jurisdiction)
These Terms shall be governed by and construed in accordance with the laws of Japan. Any disputes arising from or in connection with these Terms or the Application shall be subject to the exclusive jurisdiction of the Chiba District Court as the court of first instance.
Article 14 (Miscellaneous)
- Severability — If any provision of these Terms is held to be invalid or unenforceable by law, the remaining provisions shall continue in full force and effect.
- No Waiver — Our failure to exercise any right under these Terms shall not constitute a waiver of such right or prevent future exercise thereof.
- Apple Provisions (applicable to iOS version) — If the Application is downloaded from the Apple App Store, the following provisions apply:
- (a) Acknowledgement. These Terms are a contract between the User and us only, and not with Apple Inc. We, not Apple Inc., are solely responsible for the Application and its content. These Terms do not provide for usage rules that conflict with the Apple Media Services Terms and Conditions.
- (b) Scope of License. The license granted to the User is limited to a non-transferable license to use the Application on any Apple-branded Products that the User owns or controls, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. The Application may be accessed and used by other accounts associated with the User via Family Sharing or volume purchasing.
- (c) Maintenance and Support. We are solely responsible for providing any maintenance and support services with respect to the Application. Apple Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
- (d) Warranty. We are 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 Application to conform to any applicable warranty, the User may notify Apple Inc., and Apple Inc. will refund the purchase price for the Application to the User. To the maximum extent permitted by applicable law, Apple Inc. will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
- (e) Product Claims. We, not Apple Inc., are responsible for addressing any claims of the User or any third party relating to the Application or the User’s possession and/or use of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. These Terms do not limit our liability to the User beyond what is permitted by applicable law.
- (f) Intellectual Property Infringement Claims. In the event of any third-party claim that the Application or the User’s possession and use of the Application infringes that third party’s intellectual property rights, we, not Apple Inc., will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
- (g) Legal Compliance. The User represents and warrants that: (i) the User 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) the User is not listed on any U.S. Government list of prohibited or restricted parties.
- (h) Third Party Terms of Agreement. The User must comply with applicable third-party terms of agreement when using the Application (for example, the User must not be in violation of any wireless data service agreement when using the Application).
- (i) Third Party Beneficiary. The User acknowledges and agrees that Apple Inc. and Apple Inc.’s subsidiaries are third party beneficiaries of these Terms, and that, upon the User’s acceptance of the terms and conditions of these Terms, Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce these Terms against the User as a third party beneficiary thereof.
- Entire Agreement — These Terms constitute the entire agreement between the User and us regarding the use of the Application and supersede all prior communications, negotiations, and agreements regarding the Application.
Contact
If you have any questions regarding these Terms, please contact us at:
- Operator: Akira Kawata (freeweb)
- Address: 960-2 Nishihirai, Nagareyama-shi, Chiba-ken 270-0156, Japan
- Email: eerf0309+EntoLens@gmail.com
- Phone: +81 70 9009 0565