Article 1. Terms of Use

1. “CryAnalyzer” (hereinafter referred to as the “Service”) is a service provided by FIRST ASCENT INC. (hereinafter referred to as “Company”). Any user who uses the Service (hereinafter referred to as “User” or “Users”) shall be deemed to have agreed to the content of these terms of use (hereinafter referred to as the “Terms”).
2. Company may change the Terms as necessary, at its own discretion, without obtaining any consent of Users, by notifying Users of such change on the website of the Service. Any User who uses the Service after such change shall be deemed to have agreed to such change.
3. The Terms does not warrant that the Service has no defect or fault.

Article 2. Copyrights

1. Any and all copyrights and any other rights in relation to the text, sentences, images, designs, trade marks or logos, etc. displayed or indicated in the Services (hereinafter collectively referred to as the “Posted Information”) shall belong to Company or legitimate right holders of such rights.
2. Users may not use or reprint the Posted Information without prior permission of Company.
3. Users may not lease, rent, assign or transfer the Service to any third party. Further, Users may not grant any sublicense to use the Service to any third party.
4. Users may not analyze any files output by using the Service or incorporate them into any other applications. Further, no business operator, trader, supplier or manufacturer may analyze such files or incorporate them into any other applications.

Article 3. Service Fees

1. A part of the Service shall be provided to Users, as a fee-based (paid) service (hereinafter referred to as the “Pay Service”).
2. Any User who desires to purchase the Pay Service shall apply for such Pay Service in accordance with the methods designated by Company.
3. User shall pay to Company the service fees of the Pay Service, settlement charges relating to the payment of such service fees and any other charges, in accordance with the methods designated by Company.
4. User may not claim any refund against Company or refuse to make any payment to Company, in relation to the Pay Service already purchased by such User.
5. Company shall permit User only who has purchased the Pay Service to use such Pay Service.
6. Any and all communication expenses or any other expenses for internet connections to use the Service shall be borne by User.

Article 4. Change of Service

1. Company may add to, change, amend, suspend or terminate (hereinafter collectively referred to as the “Change, etc.”) all or any part of the Service at its own discretion, for any reason.
2. Company may switch all or any part of the Service from free service to the Pay Service, by notifying Users of such change on the website of the Service.
3. Company shall not be liable to Users for any damage, etc. incurred by such Users arising from the Change, etc. of the Service.

Article 5. Cancellation of Registration and Suspension of Use of Service

1. If Company considers that User falls under any of the following items, Company may cancel the registration of such User for the Service, without giving prior notice to such User.
   • If User breaches any provision of the Terms;
   • If User does not use the Service for ninety (90) consecutive days in his/her history of use;
   • If Company considers that the registration of User is inappropriate for any other reason.
2. In the case of the preceding paragraph, even if such User incurs any damage, Company shall not be liable for such damage. If Company cancels the registration of such User on the basis of the preceding paragraph, Company shall not have any obligation to continue to retain the registration information of such User.

Article 6. Privacy and Personal Information

Company shall appropriately handle any and all personal information in accordance with the Privacy Policy separately established by Company.

Article 7. Prohibited Matters

Company shall prohibit Users from performing any of the following acts.

• Breach of the Terms, etc.;
• Breach of laws and regulations, or act contrary to public order and morals;
• Act to imply, induce, promote or recommend, etc. any illegal act, criminal act or antisocial act;
• Nuisance, harassment, abuse, defamation, or any act to give mental or economic damage to any third party without legitimate right;
• Infringement on any intellectual property right such as copyright or trademark right, etc. of Company, other Users or any third party;
• Infringement on any property, trust, credit, fame or privacy of Company, other Users or any third party;
• Act to place an excessive burden on the servers beyond normal use, act to promote such act, or any other act to interfere with the operation of the Service;
• Interference with smooth operation of the Service by using any computer virus program or unauthorized access;
• Any other act which Company considers inappropriate.
• Post other than baby's cry. ( Please be careful not to record other sounds when you use the cryanalyzer. )

Article 8. Disclaimer

1. Company shall not be liable to Users for any of the following matters.
   • Detriment, disadvantage or damage incurred by User, due to any loss, theft, assignment, transfer, lease or rent of the account information of User or unauthorized access to the data;
   • Trouble, problem or dispute arising between User and any third party (including advertiser);
   • Failure or malfunction of any equipment, system, device or network used by User;
   • Loss of registration information of User due to any force majeure such as accident or disaster;
   • Deletion or removal of the registration information of User on the basis of the Terms;
   • Loss of the registration information of User acquired by the servers;
   • Detriment, disadvantage or damage incurred by User, due to any defect, temporary suspension, change or termination of the Service;
   • Any other detriment, disadvantage or damage incurred by User or any third party, through the use of the Service.
2. Company does not warrant the accuracy, certainty, usefulness, availability, completeness of any information provided to User through the Service. User shall use such information on his/her own judgment and under his/her own responsibility.
3. The Service shall be provided to Users on an "as is" basis, without warranties or representations of any kind either expressed or implied. To the maximum extent permitted by laws, Company disclaims any and all warranties of satisfactory quality and fitness for particular purpose in relation to the Service and does not warrant that the content of or the information displayed in the Service does not infringe on the rights of any third party.
4. Company uses reasonable efforts to ensure that the Service is free from computer viruses, etc. However, since such viruses, etc. are evolving day by day, there exists no perfect security measure against them. Therefore, Company shall not be liable to Users for any damage caused by the infection of such viruses, etc. as a result of downloading, installing or using the applications, etc. in the Service, unless otherwise required by laws.

Article 9. Assignment of Rights

1. Users shall not assign, transfer, lease, rent or offer as collateral any and all rights and obligations under the Terms, etc. to any third party, without obtaining prior written consent of Company.
2. If Company makes any third party succeed to the business in relation to the Service due to any merger, transfer of business or any other reason, Company may assign or transfer any and all rights, obligations and registration information of Users on the basis of the Terms, etc. to such successor. Users shall be deemed to have agreed to such assignment or transfer in advance.

Article 10. Damages

1. If Company incurs any damage arising from any reason attributable to User in relation to the use of the Service or the Terms, such User shall compensate Company for such damage.
2. In no event shall Company be liable to Users for any damages (including but not limited to any indirect, incidental, consequential, special or punitive damages) arising out of or in relation to or in connection with the Terms or the use of the Service.

Article 11. Severability

Even if any provision of the Terms is held illegal, invalid or unenforceable by any court which has competent jurisdiction, the remaining provisions of the Term shall not be affected by such illegal, invalid or unenforceable provision and shall continue in full force and effect.

Article 12. Governing Law and Jurisdiction

1. The Terms shall be governed by and construed in accordance with the laws of Japan.
2. Any and all disputes which may arise out of or in relation to or in connection with the Service or the Terms shall be subject to the exclusive competent jurisdiction of Tokyo District Court of Japan for the first (1st) trial.