Terms of Service

These Terms of Service (“Terms”) are an agreement between you and Iris Wellness Inc. (in Japanese, 株式会社 Iris Wellness; “Iris Wellness,” “we,” “us,” or “our”), a company based in Tokyo, Japan. They apply to the English edition of Zutsu Note, a free headache diary, including our iPhone and Android apps and our website (together, the “Service”).

By creating an account or using the Service, you agree to these Terms. If you don’t agree, please don’t use the Service. Our Privacy Policy and Consumer Health Data Privacy Policy explain how we handle your information.

1. Zutsu Note is not medical care

1. Zutsu Note helps you record your headaches and see patterns in your records. It does not diagnose, treat, cure, or prevent any disease, and it does not give medical advice.
2. Zutsu Note is not a medical device and has not been reviewed, cleared, or approved by the US Food and Drug Administration (FDA).
3. Statistics, charts, weather information, pressure forecasts, and pressure alerts are general information. We do not analyze your records to calculate your personal chance of getting a headache.
4. Always talk to your doctor before starting, stopping, or changing any medicine or treatment. Don’t ignore medical advice or delay getting care because of something you saw in Zutsu Note.
5. Posts in Zutsu Post reflect other users’ own experiences and opinions. We don’t check them for medical accuracy.
6. If you have a sudden or severe headache, or a headache with new symptoms that worry you, get medical care right away. In an emergency, call your local emergency number (911 in the United States and Canada, 000 in Australia, 111 in New Zealand). If you are thinking about suicide or harming yourself, contact a crisis line (988 in the United States, 9-8-8 in Canada, Lifeline 13 11 14 in Australia, 1737 in New Zealand). We don’t monitor the Service in real time and can’t respond to emergencies.
7. Zutsu Note was developed by Hirotaka Maekawa, MD, a neurologist and headache specialist in Japan. Neither he nor Iris Wellness provides medical care to users through Zutsu Note, and using Zutsu Note does not create a doctor-patient relationship.
8. We do not recommend or endorse any specific clinic, doctor, medicine, product, or treatment.

2. Who can use Zutsu Note

1. You must be at least 13 years old to create an account (14 if you live in Canada). Children under that age can’t create their own account, but a parent or legal guardian can keep a headache diary for them through a family account (section 4).
2. If you are 13 to 17, you may use Zutsu Note only with permission from your parent or legal guardian, who should review these Terms with you.
3. The English edition is intended for people who live in the United States, Canada, Australia, or New Zealand. When you sign up, you choose the country you live in, and some features follow the laws and customs of that country.
4. You may not use the Service if we have previously closed your account for breaking these Terms, unless we agree.

3. Your account

1. Give accurate information when you sign up, especially your date of birth, and keep it up to date.
2. Keep your password secure, and don’t let other people use your account, except as allowed for family accounts.
3. You are responsible for what happens in your account, except for problems caused by us.
4. Tell us right away at zutsu-note@iris-wellness.jp if you think someone has used your account without permission.
5. Each account is for one person.

4. Family accounts

1. A parent or legal guardian can create and manage accounts for their children, including children under 13, and keep their headache diaries.
2. The parent or guardian agrees to these Terms on the child’s behalf and is responsible for the child’s account and the information entered in it.
3. An account for a child under 13 is for the parent or guardian to use. A child under 13 must not sign in to or use the account on their own, and must not use Zutsu Post.
4. Linked family accounts can switch to each other. Anyone who can sign in to one linked account can open the others and see and change their information. Link only the accounts of people you trust. You can unlink accounts at any time in Account.

5. The Service

1. The Service is free. Its features include the headache diary, statistics and charts, weather and air pressure information and alerts, importing data from Apple Health or Health Connect, reading medicine names from photos, sharing with clinics you link, Zutsu Post, the headache map, Maple, and family accounts.
2. We may add, change, or remove features. We will try to give you notice of changes that significantly affect you.
3. If we start charging for a feature that is currently free, we will tell you at least 30 days in advance. If we offer optional paid features, we will show you the price and terms before you pay. Purchases made through the App Store or Google Play are also subject to their terms.
4. The Service may sometimes be unavailable, for example during maintenance or because of technical problems. We don’t promise that it will always be available or free of errors.
5. To keep the Service free, our iPhone and Android apps show ads from Google. Ads are chosen by the ad companies, not by us or by any doctor, and an ad is not a recommendation or medical advice. We are not responsible for the products or services in ads. Our Privacy Policy (section 6) explains what information ad companies receive and how to limit it.
6. If we decide to shut down the Service, we will tell you at least 30 days in advance so that you have time to save a copy of your records.
7. You are responsible for the device and internet connection you use, and for any data or carrier charges.

6. Weather, pressure forecasts, and alerts

1. Weather and air pressure information comes from third-party weather data. Forecasts can be wrong, and alerts can be late, missed, or not delivered.
2. Pressure alerts tell you about forecast changes in air pressure. They do not predict whether you will get a headache.
3. Don’t rely on weather information or alerts to make medical decisions.

7. Sharing with your clinic

1. You can link a clinic, doctor’s office, or other health care practice that has a Zutsu Note account. Linking is always your choice.
2. A linked clinic can see the information described in our Privacy Policy, can add information to your account (such as visit dates, your next appointment, diagnoses, and medicines), and can download your records.
3. You can unlink a clinic at any time. After you unlink, the clinic can no longer see your records in Zutsu Note, but information it has already copied or downloaded stays under its control.
4. Clinics are independent of us. They are responsible for the care they provide and for how they handle the information they receive. We are not responsible for a clinic’s advice, care, or handling of your information, except to the extent a problem is caused by us.
5. Clinics in our directory provide their own information. We don’t verify it, and a listing doesn’t mean that we recommend the clinic.

8. Zutsu Post community rules

1. Zutsu Post lets you post and reply about headaches with other people who use Zutsu Note. Other signed-in users can see your nickname, profile, posts, and the other information described in our Privacy Policy. Your real name and email address are not shown.
2. If you live in Australia, you must be at least 16 years old to post or reply in Zutsu Post. You can still keep your headache diary from age 13.
3. When you use Zutsu Post, you must not:
   1. harass, bully, threaten, insult, or discriminate against anyone, including other users, clinics, health professionals, and companies;
   2. tell other people to start, stop, or change a medicine or treatment, or present your posts as medical advice (you are welcome to share your own experiences with medicines, treatments, and clinics);
   3. promote or solicit for clinics, doctors, products, services, studies, or businesses, including by pretending to be an ordinary user, or post ads or links without our permission;
   4. post spam, post the same or similar content again and again, or post information you know is false or misleading;
   5. post anyone’s real name, contact details, address, workplace, or other identifying information, including your own, or images of other people without their permission;
   6. pretend to be a doctor or other professional, another person, or Zutsu Note staff;
   7. encourage suicide or self-harm, or post sexual or excessively violent content;
   8. post content you don’t have the right to share, such as other people’s photos or writing; or
   9. break the law.
4. We check posts, replies, nicknames, profile text, and images in posts using automated tools, which may include AI provided by Google, and human review. We may hide or remove content, or stop it from being published, if we believe it breaks these rules or may harm others. We may also limit or end your access to Zutsu Post. We may not explain every decision, but you can contact us if you think we made a mistake.
5. If our checks find content that suggests suicide or self-harm, it will not be published, and we will show you information about where to get support.
6. You can report content using the Report button or by emailing zutsu-note@iris-wellness.jp. You can also block other users so that you no longer see each other’s posts.
7. We don’t review all content, and we aren’t responsible for what other users post. Zutsu Post is not monitored in real time.
8. We may post in Zutsu Post as the Zutsu Note team.
9. We may change Zutsu Post or stop offering it.

9. Your content

1. “Your content” means the diary entries, posts, images, and other information you put into the Service. You keep ownership of your content.
2. You give us a worldwide, non-exclusive, royalty-free license to store, copy, process, display, adapt (for example, by resizing images or formatting text), and transmit your content, only to provide, protect, and improve the Service as described in our Privacy Policy. For Zutsu Post, this includes showing your posts to other users and letting them reply to and repost them in the Service. This license ends when your content is deleted from our systems, except for the copies we keep as described in our Privacy Policy.
3. We will not use your posts or other content in advertising or promotional materials without your permission.
4. You are responsible for your content, and you confirm that you have the right to share it.
5. If you send us ideas or suggestions, we may use them without any obligation to you.
6. If you believe that content in the Service infringes your copyright, email zutsu-note@iris-wellness.jp with your contact information, a description of the work, where the content appears, a statement that you believe in good faith that the use is not authorized, a statement that your notice is accurate and that you are the owner or are authorized to act for the owner, and your signature. We may remove the content and may close the accounts of people who repeatedly infringe.

10. Maple and Maple points

1. Maple is a virtual character, and Maple points are points you earn in the app, for example by keeping your diary.
2. Maple points can be used only for items and features in the app. They have no cash value and can’t be exchanged for money, sold, or transferred.
3. Unused points are lost when you delete your account.
4. We may change how points are earned and used, or end the points system. We will tell you in the app before important changes.

11. Research

After you sign up, we ask whether you agree to let us use your records for headache research after removing anything that identifies you. It is optional, and you can use the Service fully either way. You can withdraw your consent at any time in Account. Our Privacy Policy (section 8) explains what research data includes and how it is used.

12. Our rights in the Service

1. The Service, including its software, design, text, the Maple character, and the Zutsu Note name and logos, belongs to Iris Wellness or its licensors.
2. We give you a personal, non-exclusive, non-transferable, revocable license to use the Service for your own non-commercial purposes under these Terms.
3. You may not copy, modify, distribute, sell, or create works based on the Service, or reverse engineer it, except where the law allows.
4. We own the aggregated statistics and de-identified information we create, as described in our Privacy Policy.

13. Things you must not do

In addition to following the Zutsu Post rules in section 8, you must not:

1. break the law or violate anyone’s rights;
2. use someone else’s account without permission, or pretend to be someone else;
3. register or change information for a clinic you are not authorized to represent;
4. try to get unauthorized access to the Service or to other accounts, get around security features, or upload viruses or other harmful code;
5. put an unreasonable load on the Service or disrupt it;
6. use bots, scrapers, or other automated tools to access the Service or collect information from it;
7. use the Service or information from it for purposes other than its intended use, such as marketing to other users; or
8. do anything else that is fraudulent, abusive, or harmful to others.

14. Clinics and health professionals

If you register Zutsu Note for a clinic or practice, these additional terms apply:

1. You confirm that you are authorized to register the clinic, and that the information you provide, including any qualifications you publish, is accurate.
2. You may see and use a patient’s information only after the patient has chosen to link your clinic, and only to support that patient’s care.
3. Information you add to a patient’s account, such as visit dates, appointments, diagnoses, and medicines, becomes part of that patient’s Zutsu Note account, which the patient controls.
4. Zutsu Note is a personal health app that patients control. It is not an electronic health record, so keep your own medical records as the law requires. We do not act as your business associate under HIPAA, and we have not signed a business associate agreement with you. Don’t use Zutsu Note to store or send your clinic’s records.
5. You are responsible for following the laws that apply to you, including HIPAA and state privacy laws, for any information you view, copy, download, or keep.
6. You must not use patient information for marketing, or contact patients through Zutsu Note for purposes unrelated to their care.
7. Tell us right away if you learn of any unauthorized access to patient information through your clinic’s account.

15. Other services and app stores

1. The Service works with services provided by others, such as Apple Health, Health Connect, the app stores, and websites we link to (for example, the American Migraine Foundation’s doctor directory). Their own terms and privacy policies apply to your use of them, and we are not responsible for them.
2. If you downloaded our app from the Apple App Store: these Terms are between you and Iris Wellness, not Apple. Apple is not responsible for the app or its content and has no obligation to provide maintenance or support for it. If the app fails to meet any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent allowed by law, Apple has no other warranty obligation for the app. Apple is not responsible for any claims relating to the app, including product liability claims, claims that the app fails to meet legal or regulatory requirements, consumer protection claims, and intellectual property claims. You confirm that you are not located in a country subject to a US government embargo and are not on any US government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
3. If you downloaded our app from Google Play, Google Play’s terms also apply to your use of Google Play.

16. Suspending and closing accounts

1. You can stop using the Service at any time and delete your account in Account.
2. We may suspend or close your account, or limit your use of the Service, if you seriously or repeatedly break these Terms, if the information you gave us is false, if the law requires it, or to protect other users or the Service. Unless there is an urgent risk or the law doesn’t allow it, we will tell you first and give you a chance to fix the problem.
3. When an account is closed, its information is handled as described in our Privacy Policy. Sections 9, 12, 17, 18, 20, and 21 continue to apply after your account is closed.

17. Disclaimers

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We don’t guarantee that the information in the Service, including weather data, statistics, and content from other users or clinics, is accurate, complete, or up to date.

18. Limitation of liability

1. If something goes wrong because of our fault, we are responsible for the actual, direct damages you suffer, up to the limits in this section.
2. To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data.
3. To the fullest extent permitted by law, our total liability for all claims relating to the Service is limited to the greater of US$100 or the amount you paid us for the Service in the 12 months before the claim arose.
4. These limits do not apply to damages caused by our intentional misconduct or gross negligence, or to any liability that the law does not allow us to limit or exclude, such as liability for death or personal injury caused by our negligence where the law doesn’t allow it to be limited. Some states don’t allow certain limitations of liability, so some of these limits may not apply to you.
5. We are not responsible for medical decisions made based on information in the Service, or for the actions of clinics or other users, except to the extent they are caused by our own fault.

19. Changes to these Terms

1. We may change these Terms, for example when we change the Service or when laws change.
2. If we make a material change, we will tell you in the app or by email at least 30 days before it takes effect. For some changes, we may ask you to agree to the new Terms in the app.
3. If you continue to use the Service after a change takes effect, the new Terms apply to you. If you don’t agree, you can stop using the Service and delete your account before the change takes effect.
4. Changes do not apply to disputes that arose before the change took effect.

20. Governing law and disputes

1. These Terms are governed by the laws of Japan, without regard to conflict of laws rules.
2. If you have a problem with the Service, please contact us first. We will try to resolve it with you.
3. The Tokyo District Court (or the Tokyo Summary Court, depending on the amount in dispute) in Japan has exclusive jurisdiction as the court of first instance for disputes relating to these Terms or the Service.
4. Nothing in these Terms takes away the rights you have as a consumer under the mandatory consumer protection or privacy laws of your state or country, including any right to bring a claim in the courts where you live when those laws give you that right.
5. These Terms do not require you to resolve disputes through arbitration.

21. General terms

1. These Terms, together with our Privacy Policy and Consumer Health Data Privacy Policy, are the entire agreement between you and us about the Service.
2. If any part of these Terms is found to be unenforceable, the rest stays in effect.
3. If we don’t enforce a right under these Terms, we have not waived it.
4. You may not transfer your rights under these Terms to anyone else. We may transfer ours as part of a merger, acquisition, or sale of our business, as described in our Privacy Policy.
5. We are not responsible for delays or failures caused by events beyond our reasonable control, such as natural disasters, network outages, or attacks by third parties.
6. We may send you notices in the app or by email.
7. These Terms are available in English and French. Both versions are equally authoritative.

22. Country-specific terms

1. Australia. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law that cannot lawfully be excluded, restricted, or modified.
2. New Zealand. If you use the Service as a consumer, nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
3. Canada. Nothing in these Terms limits rights you have under the consumer protection laws of your province or territory that cannot be waived by contract.