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Terms of Use of Sleep PJ

Chapter 1   General

Article 1 : (Application)
These Terms of Use of Sleep PJ (hereinafter referred to as "Terms") set forth the terms and conditions (including, but not limited to, the terms and conditions of use, etc.) relating to the use of the "Sleep PJ" services (hereinafter referred to as "Services") operated and provided by Toyoko Inn Co., Ltd. (hereinafter referred to as "Toyoko Inn") and apply to all customers who use the Services.
Article 2 : (Objectives and Purposes)
The Services allow a customer staying at a hotel of Toyoko Inn to obtain the results of the analysis and visualization of the sleep state of the customer on the day of his/her stay through Toyoko Inn’s application, and Toyoko Inn provides the Services in accordance with these Terms. The Services may be provided only at certain hotels of Toyoko Inn.
Article 3 : (Terms)
  1. Toyoko Inn will provide the Services in compliance with applicable laws and regulations.
  2. In using the Services, in addition to these Terms, various terms and conditions, terms, precautions for use, guidelines, etc. specified by Toyoko Inn (including any notices given to users by Toyoko Inn from time to time; hereinafter collectively referred to as the “Various Terms" and, together with these Terms, collectively referred to as “Terms, etc.”) shall apply together with these Terms.
  3. Toyoko Inn may amend these Terms, etc. in accordance with laws and regulations without the customer’s consent. In such a case, the content and terms of provision of the Services shall be in accordance with the amended Terms, etc.
  4. Customers will be notified of amendments to these Terms and other important matters, etc. concerning the Services by way of postings made on Toyoko Inn's official website or the dedicated application provided by Toyoko Inn. However, any amendment to these Terms shall become effective upon the arrival of the relevant effective date after the content of the amended Terms and the effective date of such amendments are made known in advance on the relevant website or application.
Article 4 : (Application for Use)
  1. The Services are for Toyoko Inn Club card members only. Some services are also available to customers who have an official Toyoko Inn account.
  2. A customer who wishes to use the Services must agree to these Terms in advance and may not use the Services without agreeing to these Terms. The customer must agree to these Terms at the time of booking or checking into a certain hotel where the Services are available. An application for the use of the Services shall be completed when the customer has agreed to these Terms and has completed checking into a hotel that provides the Services.
  3. If Toyoko Inn determines that a customer who has applied to use the Services falls under any of the following items, Toyoko Inn may refuse to provide the Services to such customer without assuming any responsibility.
    1. If the customer has committed any act in the past that violates or is likely to violate these Terms, etc.;
    2. If the customer has violated, is in violation of, or is likely to violate any of terms of use in using any service provided by Toyoko Inn other than the Services;
    3. If the customer is an Antisocial Force (meaning, collectively, an organized crime group (meaning an organized crime group as prescribed in Article 2, Item 2 of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991)), an organized crime group member (meaning an organized crime group member as prescribed in Article 2, Item 6 of said Act), a company related to an organized crime group, a corporate racketeer, a rogue person or group proclaiming to be a social activist, a rogue person or group proclaiming to be a political activist, an organized special intellectual crime group, and any other person equivalent thereto as well as a person who has a close relationship with such persons.);
    4. If the provision of the Services by Toyoko Inn to such customer interferes with the performance of Toyoko Inn's business; or
    5. In any other cases Toyoko Inn deems inappropriate.

Chapter 2   Description of the Services

Article 5 : (Composition of the Services)
The Services shall consist of the services set forth in the following Items:
  1. Monitoring of the customer's own sleep state
    The customer can learn about his/her own sleep state from the results of the analysis of data measured by “Sleep Monitor 01", which is a sleep measurement device built into the bedding of the guest room (hereinafter referred to as "Sleep Monitor").
  2. Various content services aimed at improving sleep and health
    Based on the sleep state of the customer described in the preceding item, Toyoko Inn will provide various content aimed at improving sleep and health.
  3. Any other services specified by Toyoko Inn
Article 6 : (Required Content)
The customer is required to download the "Hotel Toyoko Inn Official App" (hereinafter referred to as the "Toyoko Inn App") in order to receive the services described in the preceding article.

Chapter 3   Data Handling

Article 7 : (Measuring and Generating Data)
  1. The Sleep Monitor built into the bedding installed in the guest room and sold by KDDI CORPORATION (hereinafter referred to as "KDDI") measures data such as the heart rate and body pressure of the customer while he/she is sleeping. The measured data, identifier of the Sleep Monitor (hereinafter referred to as "MAC Address"), authentication identifier, and log information (hereinafter collectively referred to as "Measured Data, etc.") are sent to facilities outside of Japan managed by EarlySense Ltd. (hereinafter referred to as “EarlySense”), a manufacturer of the Sleep Monitor. The Measured Data, etc. sent to EarlySense will not include information that can identify an individual.
  2. EarlySense creates data indicating one’s sleep state based on the Measured Data, etc. (hereinafter referred to as "Sleep Data”), and EarlySense sends the Measured Data, etc. and Sleep Data to facilities managed in Japan by NeuroSpace Co., Ltd. (hereinafter referred to as "NeuroSpace"), a company in Japan. NeuroSpace uses the Sleep Data to analyze one’s sleep state, links the results of the analysis to the Sleep Monitor's MAC Address and authentication identifier and sends the same to facilities managed by KDDI in Japan. In addition, KDDI sends the results of the analysis linked to the Sleep Monitor's MAC Address and authentication identifier to Toyoko Inn.
  3. In the Services, Toyoko Inn links the results in the preceding paragraph sent from KDDI to the customer's identification information and displays such results on its "Toyoko Inn App", and only Toyoko Inn retains information that identifies the customer, Measured Data, etc. and Sleep Data. KDDI will not retain any information that can identify the customer, Measured Data, etc. or Sleep Data. Neither NeuroSpace nor EarlySense will retain any customer’s personal information.
Article 8 : (Data Use and Protection)
  1. Toyoko Inn, KDDI, NeuroSpace, and EarlySense will handle any information related to the customer obtained in providing the Services in an appropriate manner in accordance with the following terms and policies:
    ■ Handling by Toyoko Inn: Toyoko Inn Privacy Policy
    * Handling of Personal Information
       https://www.toyoko-inn.com/privacy_policy.html
    ■ Handling by KDDI: Universal Terms for the Handling of Personal Information and Privacy Policy prescribed by KDDI
    * Universal Terms for the Handling of Personal Information
       https://id.auone.jp/id/contents/legal/personal_terms.html
    * KDDI Privacy Policy
       https://www.kddi.com/corporate/kddi/public/privacy/
    ■ Handling by NeuroSpace: Privacy Policy prescribed by NeuroSpace
    * NeuroSpace Privacy Policy
       https://neurospace.jp/privacy/
    ■ Handling by EarlySense: Privacy Policy prescribed by EarlySense
    * EarlySense Privacy Policy
       https://earlysense.com/privacy-policy/
  2. Toyoko Inn may use the information on the customer, Measured Data, etc., Sleep Data obtained through the provision of the Services and the results of the analysis and processing thereof, after anonymizing the same so as not to identify the customer, for the purposes specified in each of the following items and to the extent necessary for the execution of Toyoko Inn’s business:
    1. Effectiveness evaluation, function improvement and quality improvement of the various functions of the Services and the services provided mainly by Toyoko Inn;
    2. Measurement and analysis of the usage of the Services and the services provided mainly by Toyoko Inn;
    3. Investigation and response to failures and defects in the Services and the services provided mainly by Toyoko Inn; and
    4. Statistical analysis for the purpose of developing new functions or marketing activities for the Services and the services provided mainly by Toyoko Inn, or development, research, and service improvement of new services.
  3. Toyoko Inn may disclose to its contractors information on the customer, Measured Data, etc., Sleep Data obtained through the provision of the Services and the results of the analysis and processing thereof, and anonymized information thereof to the extent necessary for the purposes set forth in the preceding paragraph.

Chapter 4   General Terms

Article 9 : (Outsourcing)
Toyoko Inn may outsource part of the Services to a third party.
Article 10 : (Discontinuation, Suspension, etc. of Provision of the Services)
  1. Toyoko Inn does not undertake to provide the Services on a permanent basis and may change all or part of the content of the Services or discontinue providing the Services without giving prior notice of or disseminating the same to the customers.
  2. Toyoko Inn may suspend or temporarily cease the provision of all or part of the Services without the consent of the customer in any of the following cases:
    1. If there is any malfunction of devices such as the Sleep Monitor;
    2. If there is any failure in the system related to the Services of Toyoko Inn, KDDI, NeuroSpace, or EarlySense;
    3. If the provision of the Services becomes impossible or difficult due to force majeure such as a fire, power outage, natural disaster or other causes not attributable to Toyoko Inn;
    4. If Toyoko Inn determines that the provision of the Services will interfere with the execution of Toyoko Inn’s business; or
    5. In any other cases where Toyoko Inn determines that it is necessary to suspend or temporarily cease the provision of the Services based on reasonable grounds.
  3. Toyoko Inn will not be liable to customers or any third party for any change in the content of the Services or the discontinuation, suspension, or cessation of the Services under the preceding two paragraphs.
Article 11 : (Termination of Use of the Services)
  1. If the customer cancels his/her Toyoko Inn Club Card membership, he/she will not be able to use the Services.
  2. If Toyoko Inn determines that the customer falls under any of the following items, Toyoko Inn may terminate the use of the Services by such customer and revoke such customer’s eligibility to use the Services without requiring any procedures such as notice or demand:
    1. If the content of the application for use and other customer information provided to Toyoko Inn are found to be false, incomplete, or likely to be false or incomplete;
    2. If the customer violates or is likely to violate the provisions of these Terms, etc., and fails to correct such violation despite being requested to do so by Toyoko Inn;
    3. If the customer is found to be an Antisocial Force;
    4. In any other cases where he/she is deemed to be inappropriate as a customer by Toyoko Inn.
Article 12 : (Prohibited Acts)
The customer shall not engage in any acts set forth in the following items:
  1. Any act that causes a third party other than the customer to use or attempt to use the Services;
  2. Any act of using the Services for profit;
  3. Any act that requires the provision of services beyond the content described in these Terms, etc., or any act similar thereto;
  4. Any act that defames Toyoko Inn or any person using the Services;
  5. Any act that damages or is likely to damage the reputation, character, etc. of Toyoko Inn or any person using the Services;
  6. Any act that infringes or may infringe on copyrights, intellectual property rights or other rights held by Toyoko Inn or any person who uses the Services;
  7. Any act that causes or is likely to cause Toyoko Inn or any person who uses the Services to suffer a disadvantage or damage;
  8. Any act that interferes with or disrupts the use or enjoyment of the Services by any other customer of the Services or the provision of the Services by Toyoko Inn;
  9. Any act that is contrary to public order and morals, including crime and anti-social acts or any act related thereto;
  10. Any act that violates or is likely to violate laws and regulations; or
  11. Any other acts Toyoko Inn deems inappropriate.
Article 13 : (Compensation for Damage)
Even if the customer suffers any damage due to the use of the Services or inability to use the Services, Toyoko Inn will not compensate for such damage. However, if the damage is due to Toyoko Inn's willful misconduct or gross negligence, Toyoko Inn will compensate the customer for such damage up to the amount of fees incurred by the customer to receive the Services.
Article 14 : (Matters to Note)
  1. The Services do not constitute medical treatment or the practice of medicine
  2. Since the Sleep Monitor is not a medical device, it cannot be used for diagnosis, treatment, cure or prevention.
  3. Toyoko Inn, KDDI, NeuroSpace, and EarlySense do not warrant the safety, accuracy, reliability, or usefulness of the Services, or the suitability, etc. of the Services for any particular purpose intended by the customer.
  4. Toyoko Inn, KDDI, NeuroSpace, and EarlySense assume no responsibility except as set forth in the proviso of the preceding article.
  5. Except as set forth in the preceding article, Toyoko Inn will not be responsible for any objections, complaints and claims, etc. beyond the scope set forth in these Terms, etc.
Article 15 : (Severability)
Even if any provision of these Terms, etc. or any part thereof is determined to be invalid or unenforceable based on laws and regulations, the remaining provisions of these Terms, etc. shall continue to be valid.
Article 16 : (No Assignment)
The customer shall not assign all or any part of his/her rights and obligations under these Terms, etc. to a third party or provide them as security for himself/herself or a third party.
Article 17 : (Court of Competent Jurisdiction)
The Tokyo District Court shall be the exclusive court of jurisdiction in the first instance for any litigation arising in connection with the Services.