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GeoSmile App - Terms of Service
United States

GeoSmile (the “App”) is an application software licensed by GeoTechnologies, Inc. (the “Company”, “we”, “us”, “our”) for the purpose of awarding points in units designated by the Company (“Miles”) in accordance with distance travelled, as measured by a smartphone with Internet access (“Device”) on which the App is installed, and providing various other content.

Article 1. Application

These GeoSmile Terms of Service (these “Terms of Service”) stipulate terms and conditions concerning the App and use of distance traveled results, acquired Miles, location information, map displays, and other information and data provided within the App (collectively, “Data”). The App can be used only by a user who has consented to these Terms of Service and our Privacy Policy for the App in the manner we prescribe (“User”, “you”, “your”), and these Terms of Service will apply between the Company and any person who uses the App. Further, if the App is updated, these Terms of Service will apply to the relevant updated version of the software. The App is intended for persons who are at least 18 years old (or older, if the age of majority is higher where they reside); if you are still a minor, please cease use of the App immediately, or seek approval of your parent or legal guardian. If you are a parent or legal guardian of a user under the age of 18 years old (or older, if the age of majority is higher where they reside), by allowing them to use the App you are subject to these Terms of Service and responsible for that user's activity on the App.

Article 2. Use Conditions

  1. The Company grants to each individual User a non-exclusive and non-transferable license to install the App on an iOS or Android smartphone with Internet access that you own or manage, and create and use up to one account in accordance with these Terms of Service and the use methods notified to you from time to time through the App.

  2. In downloading, installing, uninstalling and using the App, you must do so under your own responsibility and in compliance with related laws and regulations. 

  3. In order to use the App, you must, at own your responsibility and expense, have in place, maintain and manage the environment necessary to use the App and pay any data or Internet use fees charged by your carriers. 

  4. There may be cases where, while you use the App online, because you entered a building or moved to an area blocked by a building or to an area not connected to a network, you may not be able to use the App temporarily because the Internet is not accessible.

  5. If you delete or uninstall the App, all data  that you have acquired through use of the App will be erased and cannot be recovered;  you consent to this data loss when you delete or uninstall the App.

Article 3. Use Registration

  1. To use the App, you will need to login and create an account on the App by either: 

    •  (1) Providing your email address, password and other information (such as name and physical address) that will be used to identify you (collectively, “Account Information”) on your App “My Page;” or

    •  (2) Performing authentication by your registered email address on a service provided by an operator other than the Company (“External Service”).

  2. All Account Information you  provide must be true and accurate information. 

  3. If your Account Information changes, you must update such information without delay in the manner we prescribe through the App. We will not be liable for any damage or any other detriment you may suffer because your Account Information was not current. 

  4. You are responsible to maintain  your Account Information in confidence and prevent unauthorized use of your account; do not share your App log-in credentials with anyone else.  

  5. You, and not we, are responsible for any authorized use of your Account Information, your account or the App on your smartphone.

  6. You should have unique log-in credentials for the App. Please do not use the same log-in credentials for another application.  

  7. We will use your Account Information and other data we collect about you in connection with the App according to our Privacy Policy available here.

Article 4. Prohibitions

  1. Unless expressly permitted on the App, when using the App, you must not engage in any of the following conduct or any conduct that the Company reasonably determines, based on reasonable grounds, to fall under any of the following:

    •  (1) Reproduce, duplicate, copy, transmit, extract, process, alter, or make transmittable, or engage in any other secondary use of, the App or the Data;

    •  (2) Lend, sell, redistribute, publicly transmit, sub-license, or otherwise permit a third party to use, the App or the Data; we alone may grant access rights to the App and associated Data;

    •  (3) Analyze or alter the App or the Data, or seek to dissemble, decompile, or reverse engineer and software or materials within the App; 

    •  (4) Engage in any conduct that infringes on the intellectual property or proprietary rights of the Company or other third party relating to the App or the Data, any other conduct that causes damage or detriment to the Company or another third party, or any other conduct likely to result in the foregoing; 

    •  (5) Engage in any conduct that interferes or is likely to interfere with the operation of the App; 

    •  (6) Without the Company’s prior written consent, use the App or Data for commercial purposes or to profit from the same; your use of the App and Data are solely for your personal purposes;

    •  (7) Engage in any conduct that violates laws and regulations or conduct that is related to criminal activity;

    •  (8) Engage in any conduct that is contrary to public order and good morals; 

    •  (9) Engage in any conduct that directly or indirectly provokes or facilitates any conduct set forth in the preceding items; or

    •  (10) Engage in any other conduct that the Company  determines in its discretion to be inappropriate, objectionable or not in keeping with the good reputation of the Company and the App.

  2. If you engage in any conduct of the preceding paragraph or violate these Terms of Service, we may, without any prior notice to you, temporarily suspend your use of the App, close your Account, or terminate these Terms of Service.

Article 5. Ownership of Rights

We claim an aggregated copyright in the collective works comprising the App. You are only permitted to use the App subject to these Terms of Service. As between you and use, all intellectual property rights, including copyrights and trademark rights in and to the App and the Data, belong to us or the third parties who licensed such rights to us, and you acquire no ownership in either the App or Data. However, we do not claim to own your Account Information used to create your account to be able to use the App. 

Article 6. No Warranty

THE COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER REGARDING THE ACCURACY, COMPLETENESS, OR SUITABILITY FOR SPECIFIC PURPOSE OF ANY OF THE INFORMATION AVAILABLE THROUGH  THE APP, OR THAT THE APP WILL OPERATE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, AND THE COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN RESPECT OF THE APP AND ANY DATA.

Article 7. Provision of Functions by Alliance Partners

  1. When, in your use of the App, you use functions provided by our alliance partners, in addition to these Terms of Service, you must follow the terms of service and other conditions specified by such partners. 

  2. The Company makes no warranty whatsoever regarding the accuracy, completeness, or suitability for specific purpose or performance of functions provided by partner companies or any information provided through such third party functions.

  3. The App may display a third-party hosted offerwall. Such an offerwall allows third-party advertisers to offer virtual currency, gifts, or other items to users in return for the acceptance and completion of an advertisement offer. Such an offerwall may appear in the App and be displayed to you based on certain data, such as your geographic area or demographic information. You will be required to perform authentication by providing your telephone number and receiving verification codes to verify that it is you. Please note that we do not control third-party hosted offerwall and have no responsibility in relation to the content of such offerwall. The display of a third-party hosted offerwall and advertisement does not imply an endorsement by us of contents of such advertisement. Accordingly, we do not make any warranty regarding such advertisement and we will not be liable for any loss or damage caused by such advertisements.

Article 8. Measurement of Travel Data

Your distance traveled results as measured by the App (“Travel Data”) will be handled as follows:

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  1.  Travel Data will be measured by the App  and shared back to us from the App;

  2.  Travel Data sent to us will also  be displayed on the App and visible to you;

  3.  If your Device running the App is turned off, runs out of battery,  is out of Internet range at any time when the App is running, or malfunctions,  there may be cases where Travel Data will not be measured. 

  4. Acquired Miles and distance traveled information calculated from your Travel Data may be published on the App and shared with other users of the App  on a no-name basis not intended to identify you specifically.

Article 9. Addition of Miles and Exchanging Miles for Benefits

  1. Based on your Travel Data, you will be granted Miles in quantities prescribed by us, which may change from time to time without prior notice.

  2. You may exchange the Miles via the App (as indicated in the App) for points and other benefits, which may change from time to time without prior notice.

  3. Miles will be valid for 90 days from the day you last acquired Miles on the App and then begin to expire.

  4. We establish benefits that can be exchanged for Miles, which may change from time to time, and display them on the App. Please see the specific offer details and conditions for each type of benefit, which we may change from time to time without prior notice.

  5. Our records are final and binding in respect of any disputed Miles, exchanges or benefits redemption requests. We are not responsible for any issues that arise between you and a third party where the benefit you seek to redeem is offered by a third party.

Article 10. Changes or Suspension  of the App

  1. We may, at our discretion and without notice, alter, add, discontinue, change, or suspend access to, any content and the  App, in whole or in part, at any time, without prior notice. 

  2. For example, we may do so in the following circumstances:

    •  (1) Periodic or emergency maintenance or work, or troubleshooting etc. of equipment necessary for delivery of the App; 

    •  (2) Events beyond our control, including, without limitation, events limiting access to the  App or the Internet as a result of ISP outages, mobile carrier outages, fires, natural disasters, power outages, accidents, wars, riots, civil commotions, labor disputes,  computer viruses, other force majeure events, or any other event not attributable to us; or

    •  (3) We determine that suspension or discontinuation is unavoidable for operational, technical or other reasons.

  3. The Company will not be liable in any way to you as a result of any damages, or other issues you encounter as a result of any of the foregoing circumstances or our suspension or access to or changes to the App.

Article 11. Changes to Terms of Service

  1. We may change these Terms of Service from time to time in our discretion. 

  2. If we do so,  we will provide notice via the App or on our website, as we may determine. Such change will not be retroactively applied, and will come into effect starting from the 14th day from the day of its posting; however, any change addressing new functions of the App and any change based on statutory reasons will come into effect immediately. 

  3. If you continue to use the App after these Terms of Service are updated,  you will be deemed to have consented to such change.

Article 12. Termination of the App 

  1. As indicated above, we may modify the App and suspend access to it at any time. We may also fully discontinue providing the App at any time, without prior notice.  

  2. If we discontinue provision of the App,  all unused, unexpired Miles you acquired through the App will be automatically forfeit upon the effective date of its discontinuation.

  3. The Company will not be liable in any way to you as a result of any discontinuation of the App or forfeiture of unused, unexpired Miles. 

Article 13. No Assignment

  1. Your Miles and account to use the App are personal to you. You may not transfer or assign either one to a third party. Miles have no independent value and cannot be redeemed for cash or other consideration outside of benefits available via the App, and strictly in accordance with the offer terms for such benefits and these Terms of Service. 

  2. We reserve the right to transfer  our App-related business, all information we have on hand regarding you and your use of the App, and Data to another company, in conjunction with a sale of our business or ourselves.

Article 14. Disputes etc. between Users

Any inquiries, communications and disputes that arise between you and another User or other third party in connection with the App are your sole  responsibility, and the Company will not bear any responsibility or liability for the same.

Article 15. Damage Compensation

​Except to the extent restricted by applicable law, we will not be liable for any direct, indirect, special, consequential, or punitive damage you or third party may incur in relation to your use or misuse of the App, regardless of whether such damage could have been foreseen.

Article 16. Export Control Regulations

  1. If you reside in the U.S., you may not use the App outside of the United States except in accordance with all applicable U.S. export laws and regulations and outside of the territory or any country embargoed or restricted from trade under U.S. law or regulatory authority.

  2. As a condition to using the App, you represent to us that you are not a restricted person on the U.S. Treasury Department’s list of Specially Designated Nationals and persons on the U.S. Department of Commerce’s Denied Persons List/Entity List. If you are or become a person on such a list, you are required to cease using the App immediately.  

  3. You agree not to use the App, the Data, or documents related to the same for any purpose prohibited under the laws and regulations of the U.S. or Japan (including without limitation use for nuclear weapons, missiles, chemical weapons, or bacteriological weapons).

Article 17. Jurisdiction

  1. These Terms of Service are governed by the laws of Japan. 

  2. If a question or a dispute arises between you and us with respect to these Terms of Service, we will consult with you in good faith to reach a resolution, but if a resolution still cannot be reached, the Tokyo Summary Court or the Tokyo District Court will be the exclusive agreed jurisdictional court of first instance.

Article 18. Survival

Matters not addressed in these Terms of Service will be handled in accordance with  the Company’s determination. If any provision of these Terms of Service is found to be invalid by a competent court, to the extent permitted under law, such provision will be amended or construed to ensure that the purport of these Terms of Service will be realized to the maximum extent possible, and there will be no impact on the validity of the remaining provisions of these Terms of Service.

Supplementary Provisions:

Effective Date    January, 24th, 2023

Revision Date    February 28, 2024

GeoSmile Privacy Policy

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GeoTechnologies, Inc. (the “Company”, “we”, “us”, “ours”) will use your personal information that we obtain through your use of the GeoSmile app we offer (the “App”) in accordance with the following “GeoSmile” Privacy Policy.

Article 1. Collection and Use of Personal Information

  1. This Privacy Policy applies with respect to information you provide to us via the App or using the App. When you download the App from the Apple® App Store or Google® Play, any information you provide to Apple and Google to be able to do so is subject to their respective privacy policies and terms of use. You must resolve any question or dispute relating to such personal information with the site operator (i.e., Apple or Google, respectively). We do not control such third parties, so even if you suffer damage because such site operator discloses or provides such personal information to a third party, we (the Company) will not be liable whatsoever. 

  2. We collect the following personal information for the purposes below. “Personal information” means information that can be used to identify you individually. 

    • (i) Once you have downloaded the App, we collect your email address in order to create an account to use the App. If you log in through a third-party platform like Google or Facebook to use the App and have a profile picture stored on that platform, we will also collect the profile picture and treat it as your personal information. 

    • (ii) We keep a record of your transactions on the App and also collect your distance traveled and location information (including geolocation identifiers, latitude and longitude, time, speed, altitude, direction, means of travel, number of steps walked in a day, building floor number, error accuracy, and other location information). This information is treated as your personal information and used to award “miles” you may exchange for benefits; see complete details regarding use of the App, miles, and benefits in our Terms of Service and individual benefit offers on the App. 

    • (iii) We use your personal information to develop and improve the App, our products and services, provide the services and products you request from us, communicate with you about them, maintain, troubleshoot, secure, and improve our offerings. 

    • (iv) We may also use your personal information to advertise and market to you in a tailored way to meet your interests better and assist our partner companies to offer benefits to you via the App.

    • (v) We may also acquire from third parties your purchase (transaction) history information that was created when a purchase was made, a contract was executed, or services/miles/points were used, either through the App or by using a function of the App, and link such information with your personal information; and we may use such linked information for any of the purposes above.

    • (vi) We may collect your telephone number in the authentication process for a third-party hosted offerwall to send you verification codes to verify that it is you.

  3. We may also use your contact information to send you emails or mailers. You may opt out of receiving marketing messages in the individual email, but doing so will not affect our ability to continue to contact you regarding your existing or past business relationship with us, such as with respect to an open order.

  4. If you respond to optional surveys, we may also collect, via those surveys: information concerning date of birth (age), sex (gender), marital status, family structure, children, age of children, occupation, title, region of residence, type of housing, highest academic degree, annual income, household income, hobbies, preferences, habits, lifestyle, and other comparable items. We will treat such survey data you provide as your personal information and use it to better tailor our offerings to you. 

  5. Whenever you interact with the App, we, as well as our service providers, may use assorted technologies that automatically or passively collect data about how the App is being accessed and used to help improve the user experience. This data may include browser type, unique number assigned to identify your device, operating system, application version, click path taken through the App, your use of features within the App, and other usage information. This information helps us manage, improve, and customize the App’s features and functionality and may, in some instances, be used to identify you like personal information.

Article 2. Information We Share with Third Parties

  1. We may disclose your personal information to third parties to provide you with what you request (e.g., delivery of services requested), to protect the security and integrity of the App and our systems, to correct technical problems and malfunctions of the App, to technically process your information, to provide the App or to take precautions against liability. 

  2. We also may provide your personal information to service providers who provide services on our behalf, such as our data centers and advertising providers, and other services providers that make our offering possible and assist us to maintain and improve it.

  3. We reserve the right to transfer any information we have about you in connection with a sale, merger, consolidation, change in control, transfer of assets, reorganization or liquidation of our business. 

  4. We reserve the right to disclose any personal information as needed if that information is requested by law enforcement agencies or if we are required to do so by law, treaty, regulation, subpoena, court order, or by a government entity, or to help prevent harm to person or property. 

  5. We also may disclose your personal information to third parties if we have reason to believe that disclosing such information is necessary to conduct investigations of possible breaches of law, to cooperate in any legal investigation, or to identify, contact, or bring legal action against someone who may be violating any agreement, policy or terms of use with us.

  6. If you request services via a mobile device, your request will be transmitted via your mobile carrier’s network and your carrier may have access to it. Consult your carrier’s privacy policy for additional information.

Article 3. Do Not Track Requests; Third Party Tracking

  1. You may disable “location services” in your device settings, but if you do so, the App will not function properly (for example, you cannot be awarded miles if location services are disabled).

  2. We do not presently have the capability to omit you from usage analytics to the extent your device sends us a “do not track” message. However, third parties (other than our vendors assisting with making the App available) do not have authorization from us to track your uses of the App or track what other activities you may have engaged in before or after using the App (for example, using a different website). That said, we cannot control third-party tracking over the Internet and there may be some third-party tracking that occurs without our knowledge or consent when you are online.

Article 4. Third Party Links

The App may contain links to third-party websites that are not controlled by us. Any such links are made available to you as a convenience, and you agree to use these links at your own risk. Please be aware that we are not responsible for the privacy practices or content of such third-party services. Consult their separate privacy policy with respect to their privacy practices.

Article 5. Managing Your Information

  1. You can ask us to update your email address or other personal information. Please refer to the contact information in Article 9 (“Contact; Personal Information Protection Manager of the Company”) to do so. 

  2. At present, we are not legally required to delete personal information, but you are free to cease use of the App/cease providing new personal information to us at any time. If you choose to delete/uninstall the App, then all personal information other than a movement log will be deleted from the Company’s server. The movement log will remain, but it will no longer be associated with your email address or any other personal information.

  3. We reserve the right to retain and use previously collected personal information in accordance with this Privacy Policy. California residents have the additional privacy rights indicated below.

Article 6. Your California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business with whom the California resident has an established business relationship what types of personal information, if any, the business shares with third parties for direct marketing purposes by such third parties and the identities of the third parties with whom the business has shared such information in the immediately preceding calendar year. If you have any questions, comments, or requests related to this Section, please contact us using the information in Article 9 (“Contact; Personal Information Protection Manager of the Company”). A number of states are currently considering enacting laws similar to the California law above. If you are a resident of a state that enacts such a law, please use the contact information below to contact us with any questions, comments, or requests.

Article 7. Children

The App is not intended for use by children, and we do not knowingly collect personal information from children under 13. If we learn that we have collected the personal information of any such individual, we will take steps to delete the information as soon as possible.

Article 8. Amendment

  1. We may change the content of this Privacy Policy as we see fit without prior notice.

  2. Changes to this Privacy Policy will take effect when the new policy is posted to the App or as otherwise indicated in a notice to you. 

  3. If you continue using the App after this Privacy Policy is updated, you will be deemed to have consented to such change.

Article 9. Contact; Personal Information Protection Manager of the Company

If you have questions in connection with this Privacy Policy or need to update your email address or personal information, please contact us using the information at the following link: https://support.geosmile.app

Supplementary Provisions:

Effective Date    January, 24th, 2023

Revision Date    February 28, 2024

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