These Terms set forth the terms and conditions applicable when customers use the “CubiApp” service (the “Service”) provided by Atomis Co., Ltd. (the “Company”). Please use the Service only after agreeing to these Terms.
The terms used in these Terms shall have the meanings set forth below.
Users may use the Service upon agreeing to these Terms of Use.
1 The Company may revise the contents of these Terms at any time without obtaining the consent of Users, and Users shall accept such revisions without objection.
2 When revising these Terms, the Company shall notify Users of the contents thereof by a method prescribed by the Company.
3 The revision of the preceding Terms shall take effect at the time the Company gives notice pursuant to the preceding paragraph.
4 A User shall be deemed to have agreed without objection to the amended Terms of Use at the time the User uses the Service after these Terms have been amended.
1 A person who wishes to enroll in the Service (a “Registration Applicant”) shall, after agreeing to these Terms, apply for membership in CubiLoop in the prescribed manner.
2 A person who has applied for membership shall become a Registered User when the Company accepts the application and ID registration with CubiLoop is completed.
3 The Company shall provide Registered Users, by email, push notification, or any other method prescribed by the Company, with communications concerning the Service, maintenance information, important notices, and other information. Please acknowledge this in advance.
4 If a Registration Applicant falls under any one of the following items, the Company may, at its discretion, decline to accept the application for membership.
1 Users shall, at their own responsibility, voluntarily register and manage the information registered in connection with use of the Service (the “Registration Information,” including email addresses, IDs, passwords, and the like). Users shall not permit any third party to use such information, nor lend, transfer, change the registered name of, buy or sell, or otherwise dispose of such information.
2 If the Service is used with Registration Information, the Company may treat such use as having been made by the person who registered for use, and the results arising from such use and all responsibilities associated therewith shall be attributable to the person who registered for use.
3 If the Company or a third party suffers damage due to unauthorized use of Registration Information, the User shall compensate the Company and the third party for such damage.
4 Users shall manage Registration Information at their own responsibility, and the Company shall not be liable for any disadvantage or damage suffered by a User because the Registration Information was inaccurate or false.
5 If a User discovers that Registration Information has been stolen or is being used by a third party, the User shall immediately notify the Company thereof and comply with instructions from the Company.
6 The “Withdraw” operation or any similar operation in the App only terminates the linkage between the App and the User’s device or account and does not delete the CubiLoop account itself. If a User wishes to delete the User’s CubiLoop account, the User shall complete the procedures prescribed by the Company through CubiLoop.
Personal Information and user information shall be handled appropriately in accordance with the separately prescribed “CubiApp Privacy Policy” of the Company.
1 The Service provides a Relay Function that detects CubiTan and other Devices located near the User’s device, including when the User’s device is not displaying the App screen, and transmits information obtained from such Devices, together with location information, the date and time of acquisition, device information, and other accompanying information, to the Company’s servers.
2 Users acknowledge in advance that, in order to use the Relay Function and other functions of the Service, they may be required, depending on the OS of the device used, the OS version, the device model, and other aspects of the usage environment, to grant permissions or configure settings listed below (collectively, the “Required Permissions, etc.”).
3 The names, contents, configuration methods, and displayed screens for the Required Permissions, etc. may differ depending on the type and version of the OS, the device manufacturer, the device model, and other aspects of the usage environment. The Company may require Users to grant or configure the Required Permissions, etc. by means of the standard permission dialogs provided by the OS, guidance to the device settings screen, explanatory screens within the App, or any other method prescribed by the Company.
4 Users shall decide at their own discretion whether to grant or configure the Required Permissions, etc. However, if all or any part of the Required Permissions, etc. have not been granted or configured, or if permissions that have been granted or configured are revoked, changed, or restricted by functions of the device or OS, any of the following may occur.
5 If a User grants the Required Permissions, etc., the App may, even when the User is not directly operating the App or the App screen is not displayed, use Bluetooth or the like, to the extent permitted by the device and OS, to detect CubiTan and other nearby Devices and automatically transmit the obtained information, together with location information and other accompanying information, to the Company’s servers.
6 Users may check, change, or revoke the Required Permissions, etc. at any time through the device settings screen or by any other method prescribed by the OS. If the Required Permissions, etc. have not been granted or configured, the Company may, when the App is launched or at any other time the Company deems necessary, display guidance requesting the granting or configuration of permissions or a permission dialog prescribed by the OS. However, a permission dialog may not be displayed due to OS specifications, a User’s previous selections, or other circumstances.
7 The Relay Function and other background operations may consume the device’s battery or result in mobile data communications or other communications. Users shall bear the responsibility and costs for preparing and maintaining the devices, communications equipment, communications lines, and other usage environment necessary to use the Service.
8 The specific content, purposes of use, storage, management, and other handling of location information, device information, information obtained from Devices, and other user information obtained or transmitted pursuant to this Article shall be governed by the separately prescribed “Privacy Policy” of the Company.
The Company may temporarily suspend provision of all or part of the Service, without incurring any obligation to pay damages or any other obligation, in any of the following cases.
In using the Service, the Company prohibits Users from engaging in the acts listed below. If the Company determines that a User has violated any prohibited matter, the Company may take measures it deems necessary, including temporary suspension for the User, termination of membership, or other measures.
If any account information changes, the service user shall register the changed information without delay.
1 The Company shall not be liable whatsoever for any damage arising from any change to, interruption of, or termination of the Service.
2 The Company shall have no involvement whatsoever in, and shall bear no responsibility whatsoever for, the User’s environment for using the Service.
3 The Company shall bear no liability for damages or any other liability whatsoever for non-performance of obligations under the Service Use Agreement arising from natural disasters, war, riots, civil war, fire spreading from another source, floods, enactment, amendment, or repeal of laws and regulations, power outages, intervention by public authorities, strikes or other labor disputes, accidents involving transportation facilities, spread of infectious diseases, issuance of a declaration of a state of emergency, or any other cause not attributable to the Company.
4 Users acknowledge in advance that use of all or part of the Service may be restricted as a result of changes to the terms of use, operating policies, or the like of service stores such as AppStore and GooglePlay.
5 The Company shall bear no liability whatsoever to compensate for any damage incurred directly or indirectly by a User as a result of using the Service.
6 The Company shall bear no liability whatsoever for lost opportunities, interruption of business, or any other damage (including indirect damage and lost profits) incurred by Users or other third parties, even if the Company has been notified in advance of the possibility of such damage.
7 The provisions of paragraph 1 through the preceding paragraph shall not apply where the Company has acted intentionally or with gross negligence.
8 Even where the preceding paragraph applies, the Company shall bear no liability whatsoever to compensate for damage arising from special circumstances among damage incurred by a User due to acts of negligence (excluding gross negligence).
9 If the Company bears liability for damages in connection with use of the Service, the Company’s liability for damages shall be limited to the amount received from the User for use of the Service in the month in which such damage occurred.
10 The Company shall bear no responsibility whatsoever for disputes or trouble between a User and another User. Even if trouble arises between a User and another User, the parties shall resolve it at their own responsibility and shall make no claim whatsoever against the Company.
11 If a User causes damage to another User or a dispute arises with a third party in connection with use of the Service, the User shall, at the User’s own expense and responsibility, compensate for such damage or resolve such dispute, and shall not cause any inconvenience or damage whatsoever to the Company.
12 If a third party makes a claim for damages or the like against the Company as a result of a User’s acts, the User shall resolve such claim at the User’s own expense and responsibility. If the Company pays damages to such third party, the User shall pay the Company all costs, including such damages (including attorneys’ fees, lost profits, and other costs).
13 If a User causes damage to the Company in connection with use of the Service, the User shall, at the User’s own expense and responsibility, compensate the Company for all damage, including amounts of direct or indirect damage incurred by the Company, and all related costs (including litigation costs and attorneys’ fees).
14 The remaining gas amount, pressure, temperature, remaining battery level, location information, measurement date and time, status, alerts, history, and other information displayed in the Service may differ from the actual state, be delayed, be missing, or contain errors due to conditions relating to sensors, Bluetooth, the communications environment, devices, the OS, background operations, server processing, or the like.
15 The Service assists with checking the status of and managing CubiTan and other Devices and is not a substitute for inspections, examinations, monitoring, safety checks, on-site checks, or emergency responses required under laws and regulations, contracts, product manuals, safety regulations, or the procedures of the organization to which the User belongs. Users shall not rely solely on displays or notifications in the Service and shall perform necessary safety checks and responses.
16 The Company does not guarantee that push notifications will always reach Users, will reach Users accurately, or will reach Users without delay. Regardless of whether a notification is displayed in the Service, if a User becomes aware of an abnormality or danger, the User shall respond in accordance with the procedures established by the organization to which the User belongs
1 The Company makes no warranty whatsoever that the Service will be suitable for a User’s particular purpose, will have the expected functions, commercial value, accuracy, or usefulness, that use of the Service by the User will comply with laws and regulations applicable to the User or internal rules or the like of industry organizations, or that no defects will occur.
2 The Company does not warrant that the Service is compatible with all information devices, and Users acknowledge in advance that defects may occur in operation of the Service as a result of OS version upgrades or the like of information devices used for the Service. The Company does not warrant that any such defect will be resolved by program corrections or the like made by the Company if such a defect occurs.
1 Unless the Company has given prior written consent, a User shall not assign to any third party all or any part of the User’s status under these Terms or rights or obligations under these Terms.
2 If the Company transfers the business relating to the Service to a third party, or such business is otherwise succeeded to by a third party, whether by way of a business transfer, company split, merger, or otherwise (a “Business Transfer, etc.”), the Company may, in connection with such Business Transfer, etc., transfer, or cause the transferee or successor to succeed to, the Company’s status under the Service Use Agreement, the rights and obligations under the Service Use Agreement, and the authority to handle account information, without obtaining separate consent from service users.
Even if any provision of these Terms or any part thereof is determined to be invalid or unenforceable under laws and regulations or the like, the remaining provisions of these Terms and the remaining portion of any provision of which a part has been determined to be invalid or unenforceable shall remain in full force and effect.
Any communication or inquiry from a User to the Company concerning the Service shall be made by submitting an inquiry form made available at an appropriate location within the Service or on a website operated by the Company, or by any other method separately designated by the Company.
Company Name: Atomis Co., Ltd.
Address: 7-4-9 Minatojima Minamimachi, Chuo-ku, Kobe-shi, Hyogo 650-0047, Japan
Representative Director: Daisuke Asari
Email Address: info@atomis.co.jp
1．Each party represents that, as of the date of execution of this Agreement, it does not fall under the category of an organized crime group, a member of an organized crime group, an associate member of an organized crime group, a company affiliated with an organized crime group, a corporate racketeer, a person or group engaging in criminal activities under the pretext of conducting social campaigns, a special intelligence violent group, a person for whom five years have not elapsed since ceasing to be a member of an organized crime group, or any other person equivalent thereto (collectively, “Anti-Social Forces, etc.”), and does not have any of the relationships set forth in the following items, and covenants that it will not fall under any such category or relationship in the future.
(1) A relationship in which its management is controlled by Anti-Social Forces, etc.
(2) A relationship in which Anti-Social Forces, etc. are substantially involved in its management
(3) A relationship in which Anti-Social Forces, etc. are used for purposes such as seeking unlawful benefits for itself or a third party or causing damage to a third party
(4) A relationship involving the provision of funds or benefits to Anti-Social Forces, etc.
(5) A socially reprehensible relationship between its officers or the like and Anti-Social Forces, etc.
2．Each party covenants that it shall not, by itself or through the use of its officers or the like or any third party, engage in any of the acts set forth in the following items.
Violent demands
(1) Unreasonable demands beyond legal responsibility
(2) Threatening words or conduct, or use of violence, in connection with transactions
(3) Acts of spreading rumors, using fraudulent means or force to damage the credibility of the other party, or obstructing the business of the other party
(4) Any other act equivalent to any of the preceding items
3.If either party violates either of the preceding two paragraphs, the other party may immediately terminate this Agreement without prior demand. If this Agreement is terminated pursuant to this Article, the terminated party shall make no claim whatsoever against the terminating party for any damage arising from the termination.
1 The validity, interpretation, and performance of these Terms shall be governed by and construed in accordance with the laws of Japan.
2 The Osaka Summary Court or the Tokyo District Court, depending on the amount in controversy, shall have exclusive jurisdiction by agreement over any discussion, lawsuit, or other dispute whatsoever between the Company and Users, etc.
Effective as of August 1, 2026