Terms of Use for Sapporo’s Disaster Management App

The following Terms of Use shall apply to Sapporo’s Disaster Management App (hereinafter referred to as the “App”), a smartphone application provided by the City of Sapporo.
Use of the App is the responsibility of Toppan Printing Co., Ltd. (hereinafter referred to as the “Provider”), which has been designated by the City of Sapporo to operate the system, and the user. The City of Sapporo does not take any responsibility for the management of personal information of users.
Only a person who has agreed to the Terms of Use (hereinafter referred to as “User”) can use the App.
Users will obtain the right to download the App from App Store, operated by Apple Japan, Inc. and its group companies (hereinafter collectively referred to as “Apple Inc.), after agreeing to the separate Terms of Use of Apple Inc.

Service overview
A User of this service can use a smartphones to obtain disaster-related information, such as the expected damage due to earthquakes and floods (heavy rain) and the location of evacuation shelters, without having to carry such information documents with them. The City of Sapporo provides information and supports the safety and prompt evacuation of its residents with the help of the App, which features: 1. Confirmation of safety, 2. Disaster management information, 3. Links, 4. Hazard map, 5. Evacuation shelters, 6. Weather, 7. Location notification, 8. Emergency information and 9. AR experience of danger levels.

The service will become available when a user installs the App on his/her smartphone after agreeing to the Terms of Use, and selects the push notification and other necessary settings.

Article 1 – General Rules
1. The Terms of Use shall apply to all matters concerning the App between the user (hereinafter referred to as “User”) and the Provider.
2. The User shall use the App in accordance with the Terms of Use, and may use the App only after agreeing with the Terms of Use.

Article 2 – Modification of the Terms of Use/Functions
1. The Provider may revise, add to, modify or abolish the App without the consent of Users. In such a case, the conditions for the use of the App shall be in accordance with the modified Terms of Use.
2. The modified Terms of Use shall come into effect when such modification is notified in the App, unless otherwise provided for by the Provider.
3. When a User uses the App for the first time after the revised Terms of Use come into effect, it is deemed that the user has agreed with the revised Terms of Use.

Article 3 Charge for Use
1. The App can be used free of charge.
However, users shall be responsible for transmission charges associated with the use of the App.

Article 4 Prohibited Acts
1. Users shall not engage in any of the following acts when using the App:
(1) Acts that cause damage to the Provider, other users or any third parties
(2) Acts that infringe on the copyright and other rights of the Provider or any third parties
(3) Acts that would lead to fraud or other crimes
(4) Acts that discriminate or are detrimental to the reputation or credibility of any third parties (e.g., abusive language, defamation, blackmail)
(5) Acts that are offensive to public order and morals
(6) Acts that harm minors or encourage such acts
(7) Acts of pretending to be, or of having a relationship with, a third party or other organization
(8) Use of the App with information of another user without that user’s permission
(9) Acts that obstruct the services provided through the App by the Provider or any other services involving the functions of the App
(10 Acts that violate laws or regulations
(11) Failure to observe the conditions of use, operation procedures and other requirements set by the Provider
(12) Acts of attempting to engage in acts that are similar to, or may fall under, any of the above, and any other acts deemed inappropriate by the Provider.

Article 5 Responsibilities of Users
1. Users shall prepare the computer equipment, hardware, browser and other software programs, the right to use communication lines and other matters necessary for the use of the App at their own expense and responsibility.
2. Users shall use programs and data downloaded via the App at their own responsibility and judgment. The City of Sapporo and the Provider shall not assume any responsibility for any damage to a computer system or any other problems incurred in connection with the use of the App.
3. Users shall not take any action that threatens, obstructs or may threaten or obstruct the rights of the Provider or other third parties related to the App.

Article 6 Copyright and other Intellectual Property Rights
1. Copyright, trademark rights and all other intellectual property rights and knowhow concerning software, titles, design and other information, data and descriptions related to the App belong to the City of Sapporo or the Provider.

Article 7 Use Environment
1. Users may use the App only under the operating environment and conditions provided in the App. The App may not operate normally under certain circumstances depending on the use environment of the User.

Article 8 Disclaimer
1. The City of Sapporo and the Provider shall not assume any responsibility for any damage or loss incurred by users in connection with the use of the App.
2. The City of Sapporo and the Provider do not guarantee the safety, accuracy, reliability, usability, recency, legitimacy, morality or non-infringement of the rights of any third parties of the content and other information provided via the App.
3. The Provider does not guarantee the absence of computer viruses or other harmful contents in e-mails or content sent from servers, domains or other sources of third parties involved.
4. The Provider shall not assume any responsibility for any loss or damage incurred by the modification, addition, suspension or termination of all or part of the App’s functions. The same shall apply to reduced display speed and other problems caused by excessive access and/or any other unexpected factors.
5. The Provider shall not accept any claims or complaints concerning User connectivity.

Article 9 Coverage by Media
Coverage of this App by media requires an advance application to the Emergency Management Section, City of Sapporo.
At that time, the media wishing to cover the App, and its content and purpose must be stated.
Links that fall under, or may fall under, any of the following shall be rejected:
・Links from sites that violate laws or regulations or are offensive to public order and morals
・Links from sites that cause damage or ruin the credibility of any third parties or the City of Sapporo
・Frame links or other links that may reduce the clarity of the App
・Links that falsely imply certain affiliations or partnerships with the City of Sapporo or falsely imply acknowledgement or support of the linked site by the City of Sapporo

Article 10 Temporary Suspension of the Provision/Use of the App
1. The Provider may suspend the provision of the services involved in the App or its use by users temporarily without prior notification of users in case any of the following events occurs:
(1) When the provision and use of the App becomes impossible due to earthquakes, tsunami, floods, volcanic eruptions or other natural disasters, wars, civil commotion, riots or other uncontrollable events
(2) When the provision and use of the App becomes impossible due to fires, power outage or other incidents
(3) When regular or emergency maintenance of the App and associated systems is conducted
(4) When it is deemed necessary to limit the provision and use of the App to give priority to emergency communications for disaster prevention, rescue, securing of transport/communications/electricity or maintenance of order in case natural disasters, accidents or other emergencies occur, or are likely to occur
(5) In other cases when the Provider deems it necessary to suspend the provision and use of the App temporarily for any operational or technical reason
2. The City of Sapporo and the Provider shall not assume any responsibility for any damage incurred by Users or any third parties due to a delay in or discontinuation of the provision and use of the App as a result of any of the reasons stated above.

Article 11 Liability for Damage
1. If a User causes any damage to the City of Sapporo or the Provider due to violation of the Terms of Use or any wrongful or illegal acts, the User shall be responsible for compensating the City of Sapporo or the Provider for such damage.
2. Users shall resolve all obligations, damage or costs incurred in connection with the use of the App (including claims from third parties) at their own responsibility and expense, and the City of Sapporo and the Provider shall not be harmed by any such obligation, damage or cost.
3. If a User is a minor, his/her parents or other legal representatives shall be “responsible for judging whether the App is appropriate for minors or not.” If the User is an adult ward or a person under curatorship or assistance, his/her guardian, curator or assistant shall be “responsible for judging whether the App is appropriate for the adult ward or the person under curatorship or assistance.”

Article 12 Cancellation of Provision of the App
1. The Provider may cancel provision of the App by notifying the Users.
2. The above notification shall come into effect when the notification is made in the App by the Provider.
3. The City of Sapporo and the Provider shall not assume any responsibility for damage incurred by the User or any third parties in connection with the procedures followed under this article to cancel the provision of the App.

Article 13 Termination of the Provision/Use of the App
1. The provider may terminate provision of the App and its use by Users by notifying its termination to Users. In such a case, the City of Sapporo and the Provider shall not assume any responsibility for Users or any other persons.
2. The notification mentioned in the previous paragraph shall come into effect when the Provider makes the notification in the App.
3. The City of Sapporo and the Provider shall not assume any responsibility for any disadvantages and/or damage incurred by Users or any third parties due to termination of the provision of the App and its use by Users in accordance with this article.

Article 14 Suspension of the Use of the App for Certain Users
1. If any User falls under any of the following or the Provider deems it as such, the Provider may suspend the use of the App for the User without prior notification of the User.
(1) If there is any act that falls under Article 4 or an equivalent act
(2) If the Terms of Use or other functional/individual rules are violated
(3) If the use by the User him/herself obviously becomes impossible
(4) Other cases where the User is deemed unfit as a User

Article 15 Use of Personal Information
1.Personal information is as defined in the Personal Information Protection Ordinance of the City of Sapporo It is namely information that can be used to identify a specific person, such as the person’s name, address and e-mail address.
The City of Sapporo and the Provider shall use personal information obtained through the use of the App only for purposes related to the functions of the App.

Article 16 Governing Law and Jurisdiction
1. The Terms of Use shall be governed by, and construed in accordance with, the laws of Japan.
2. In the event of disagreement or other disputes arising between Users and the Provider concerning the App, including the Terms of Use and individual regulations or their use, the Sapporo District Court shall be the exclusive court of the first instance for all such disputes.

Established, September 28, 2017