These Terms of Use ("Terms") set out the conditions for using the website "DELT" (https://getdelt.com; the "Site") that we operate, and the iOS application "DELT" (the "App") that we make available on the App Store. In these Terms, "we," "us," or "our" refers to the operator of the Site and the App.
These Terms consist of three parts. Part 1 sets out the conditions for using the Site; Part 2 sets out the conditions for using the App (the End User License Agreement / EULA). By using the Site, the user is deemed to have agreed to Part 1, and by installing or using the App, the user is deemed to have agreed to Part 2. Matters common to both are set out in "Part 3 — Common Provisions."
Part 1 — Conditions for Using the Site
1. Scope (Site)
This Part 1 sets out the rights and obligations between the user and us in connection with the use of the Site.
2. Purpose of the Site
The Site is intended to provide information about the App. The conditions for using the App are set out in Part 2 of these Terms, "Conditions for Using the App (End User License Agreement / EULA)."
The features, timing of availability, form of provision, pricing, geographic availability, and all other matters concerning the App described on the Site may be changed or discontinued without notice due to development status, external factors, our business judgment, or other circumstances, and none of these constitutes any warranty or commitment by us to the user.
3. Intellectual Property Rights
3.1
All copyrights, trademark rights, and other intellectual property rights in all content posted on the Site (including but not limited to text, images, logos, designs, source code, and video) belong to us or to the rightful rights holders.
3.2
The user may not reproduce, reprint, modify, distribute, publicly transmit, translate, or otherwise use the content of the Site beyond the scope of private use without our prior written permission (including by email).
3.3
Quotation shall be made within the scope permitted under copyright law and with a clear indication of the source (such as the URL of the Site).
3.4
The font "Jost" used on the Site is provided by Indestructible Type under the SIL Open Font License 1.1.
4. Prohibited Conduct (Site)
In using the Site, the user must not engage in any of the following:
- Acts that violate laws or regulations or public order and morals
- Acts that infringe the intellectual property rights, portrait rights, privacy, reputation, or other rights or interests of us or any third party
- Acts that place an excessive load on the Site's servers or network
- Accessing the Site by automated means (bots, scraping tools, etc.), except for legitimate crawling by search engines
- Reverse engineering, decompiling, disassembling, or otherwise analyzing the software, systems, or source code we provide
- Unauthorized access, system destruction, or other acts that interfere with the proper operation of the Site
- Spreading false information through the Site
- Any other act that we reasonably determine to be inappropriate
5. Disclaimers (Site)
5.1 Accuracy of information
We make no warranty, whether express or implied, as to the accuracy, completeness, usefulness, currency, or fitness for a particular purpose of the information posted on the Site.
5.2 Information about the App
We make no warranty or commitment as to the information about the App posted on the Site (including its features, timing of availability, pricing, geographic availability, and quality). Such information may be changed, added to, deleted, or withdrawn without notice.
5.3 User's damages
We bear no liability for any damage to the user arising from the use of, or inability to use, the Site, except where there is willful misconduct or gross negligence on our part.
5.4 Scope of liability for damages
Even where we bear liability for damages, our liability is limited to the ordinary damages actually incurred with respect to the fact directly causing such damage, and we bear no liability for indirect damages, special damages, lost profits, loss of data, or other consequential damages.
5.5 Third-party services
The Site may contain links to third-party websites or services, but we bear no liability for the content, availability, or safety of such third-party websites or services.
6. Changes, Suspension, and Termination of the Site
We may change, add to, or delete the content of the Site, or suspend or terminate the provision of the Site, without prior notice to the user. We bear no liability for any damage to the user arising therefrom.
Part 2 — Conditions for Using the App (End User License Agreement / EULA)
This Part 2 is the End User License Agreement (in this Part 2, the "Agreement") between the user and us regarding the use of the App. By installing or using the App, the user is deemed to have agreed to this Agreement.
7. Definitions
- "App" means the iOS application "DELT" that we make available on the App Store.
- "Purchase" means the one-time in-app purchase of the App made within the App through the App Store.
- "Session" means the record of one workout recorded in the App. Meal and body weight records are not Sessions.
- "Free Period" means the period from the user's first recorded session in the App until the user has recorded 20 sessions and 30 days have passed since that first record (whichever comes later).
- "DELT Founder" means a user who recorded their first session in the App before the public release of version 1.0 of the App (during the beta period).
8. License
- We grant the user a non-transferable, non-exclusive license to use the App in accordance with this Agreement.
- This license is limited to using the App on Apple-branded products (such as an iPhone) that the user owns or controls, and is granted within the scope of the Usage Rules applicable to the App Store (including Family Sharing).
- The user must not reverse engineer, decompile, disassemble, or otherwise analyze the App (except to the extent permitted by applicable law).
9. Price and Purchase
- The App is free to download. During the Free Period, all features of the App are available free of charge.
- After the Free Period ends, a Purchase is required to record new Sessions in the App. Whether or not the user makes a Purchase, recording meals and body weight, and viewing, correcting, deleting and exporting existing records, remain available.
- The Purchase is a one-time purchase, not a subscription. By making the Purchase, the user acquires the right to continue using the App. Future updates to the App are also available at no additional charge.
- We do not ask for any payment for the App beyond the Purchase. Anything we offer as a separate app is not part of the App.
- The price of the Purchase is the price shown on the App Store. The price may change, and the price at the time of the Purchase applies. Payment is processed by Apple, and refunds are subject to Apple's terms and procedures.
- The Purchase is tied to the Apple ID used to make it. On devices signed in with the same Apple ID, it can be used again via "Restore Purchase" in the App. The Purchase is not eligible for Family Sharing.
10. DELT Founder
- No registration is required to be a DELT Founder. Founder status is determined by the date and time at which the user recorded their first session in the App. A user who recorded only meals or body weight during the beta period, and no session, is not a DELT Founder.
- A DELT Founder may continue to use the App free of charge after the Free Period without making a Purchase, including future updates to the App.
- To determine DELT Founder status, the App stores the date and time of the user's first recorded session on the user's device and in the user's own iCloud. If this date and time is lost from the device, iCloud and any ".delt" file, the status may no longer be determinable. In such cases, we will respond on an individual basis if the user contacts us at support@getdelt.com.
- The benefits under this Section apply only to the App and do not include anything we provide as a separate app.
- If we end the provision of the App, the benefits under this Section also end at that time.
11. Handling of Data and Location of Data (Transparency Clause)
- The App's data (training records, food records, settings, etc.) is stored on the user's device.
- Using the App's ".delt" file export/import feature, the user can back up and restore their own data in a form that does not depend on the Apple ID.
- The data the App stores in the user's own iCloud is the date and time of the first recorded session, used to determine DELT Founder status (Section 10, item 3), and, where the user has iCloud Drive turned on, the automatic backup (".delt" files; as a rule, the last 7 days).
12. Prohibited Conduct (App)
The user must not engage in acts that violate laws, regulations, or public order and morals, in improper use of the App, or in acts that infringe the rights of us or any third party.
13. Disclaimers (App)
- The App is provided "as is." We make no warranty as to fitness for a particular purpose or otherwise.
- We bear no liability for any damage to the user arising from the use of, or inability to use, the App, except where there is willful misconduct or gross negligence on our part.
- Even where we bear liability, its scope is limited to the ordinary damages actually incurred, and we bear no liability for indirect damages, special damages, lost profits, loss of data, or the like.
- The App is a tool for logging and calculation and does not provide medical or nutritional advice. The App's suggestions are numbers computed from the rules the user declares and the records the user keeps; they are not a diagnosis or a prescription. If the user has a medical condition or injury, takes medication, is pregnant, or has any other health concern, the user should consult a physician before changing how they train or eat. If the user feels pain, dizziness, shortness of breath, or any other abnormality while exercising, the user should stop immediately.
14. Termination of the Agreement (App)
- The user may terminate this Agreement at any time by deleting the App.
- We may suspend the user's use of the App if the user breaches this Agreement.
- We may change, suspend, or terminate the provision of the App or its features at our business discretion.
15. Special Provisions Regarding Apple
This Section is established in accordance with Apple's requirements, given that the App is provided through the App Store. In the event of any conflict between this Section and the other provisions of Part 2, this Section prevails with respect to the App.
- Parties to this Agreement. This Agreement is concluded between the user and us only, and not with Apple. We, not Apple, are solely responsible for the App and its content.
- Scope of the License. The license granted to the user is, as set out in Section 8, a non-transferable license limited to using the App on Apple-branded products that the user owns or controls.
- Maintenance and Support. We are solely responsible for providing maintenance and support services with respect to the App, to the extent required by applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- Warranty. We are solely responsible for any warranty with respect to the App, to the extent set out in Section 13. In the event that the App fails to conform to any applicable warranty, the user may notify Apple, and Apple may refund the purchase price (if any; not applicable where the App is provided free of charge) of the App to the user. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.
- Product Claims. We, not Apple, are responsible for addressing any claims of the user or any third party relating to the App (including, but not limited to, product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or other legislation).
- Intellectual Property Rights. In the event of any third-party claim that the App or the user's possession and use of the App infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
- Legal Compliance (export representation). 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.
- Contact for complaints. Inquiries or complaints from the user regarding the App should be directed to: Hideki Mizuta (水田英樹) (sole proprietor) / support@getdelt.com / 2F Nishi-Shinjuku Mizuma Bldg, 3-3-13 Nishi-Shinjuku, Shinjuku-ku, Tokyo 160-0023, Japan.
- Third-party terms of agreement. The user must comply with applicable third-party terms of agreement (for example, the terms of service set by the user's wireless carrier) when using the App.
- Third-party beneficiary. The user acknowledges and agrees that Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement, and that, upon the user's acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against the user as a third-party beneficiary.
Part 3 — Common Provisions
16. Handling of Personal Data
The handling of personal data and of cookies and similar technologies on the Site and in the App is governed by the separately established "Privacy Policy."
17. Changes to These Terms
We may change these Terms as necessary. The revised Terms take effect from the time they are posted on the Site. Continued use of the Site or the App is deemed to constitute agreement to the revised Terms.
18. Governing Law and Jurisdiction
18.1 Governing law
These Terms are governed by the laws of Japan.
18.2 Court of jurisdiction
Any dispute arising in connection with these Terms, the use of the Site, or the use of the App shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
19. Language
The Japanese version of these Terms is the original, and versions in languages other than Japanese (such as English and Korean) are provided for reference only. In the event of any discrepancy in content between the Japanese version and a version in another language, the Japanese version prevails. We make no warranty as to the accuracy, completeness, or timeliness of any translation, and we bear no liability for any damage arising from errors or inconsistencies in translation.
20. Severability
Even if any provision of these Terms or any part thereof is held to be invalid or unenforceable under laws or regulations, the remaining provisions of these Terms, and the remaining portion of any provision a part of which is held invalid or unenforceable, shall continue in full force and effect.
21. Contact
For questions regarding these Terms, please contact:
- Email: support@getdelt.com
- Operator: Hideki Mizuta (水田英樹) (sole proprietor; service name "DELT")
- Address: 2F Nishi-Shinjuku Mizuma Bldg, 3-3-13 Nishi-Shinjuku, Shinjuku-ku, Tokyo 160-0023, Japan