Contact Confirmation Application Terms and Conditions of Use

Contact Confirmation Application Terms and Conditions of Use

(Purpose)
Article 1: These Terms and Conditions are provided to set forth conditions of use and other items which shall apply to all users of the Contact Confirmation Application provided by the Ministry of Health, Labour and Welfare.


(Definitions)
Article 2: The following words and terms shall have the following meanings when used in these Terms and Conditions.
  1.   (1)“Contact” means a state in which it is highly likely that a person has been within approximately 1 meter of another person for no less than 15 minutes.
  2.   (2)“Positive Tester” means a person who has tested positive for COVID-19.
  3.   (3)“Contact Confirmation Application” and “the App” mean an application which detects and records Contact between people using a short-range communication function (Bluetooth) of a smartphone, and which, when a given App User is a Positive Tester, can, with said Positive Tester’s consent, notify another App User, who has been confirmed to have been in contact with said Positive Tester within the past 14 days, that said other App User has been in contact with a Positive Tester within the past 14 days, without providing information that enables said Positive Tester to be personally identified.
  4.   (4)“App User” means a person who uses the App to use a service or services provided by the App.
  5.   (5)“App-Installed Device” means a smartphone device in which the App is installed.
  6.   (6)“Daily Key” means an identifier which, in the App-Installed Device, is unique to that Device and which is changed every 24 hours.
  7.   (7)“Contact Code” means an identifier which is generated in an App-Installed Device on the basis of the Daily Key and which is changed every 10 minutes.
  8.   (8)“Notification Server” means a server, managed by the Ministry of Health, Labour and Welfare, which is linked to the App-Installed Device and which has a function for, when the App User has accepted necessary matters, managing the Daily Key registered from the App-Installed Device and providing said Daily Key to the App-Installed Device of another App User under a certain condition or conditions.
  9.   (9)“Management System” means a COVID-19 infected person information identification and management support system, operated by the Ministry of Health, Labour and Welfare and used by prefectures and cities where public health centers are located, for the purpose of managing information of Positive Testers for COVID-19 and people who have been in close contact with Positive Testers.
  10.   (10)“Processing Number” means a temporary number without any special meaning, which is issued randomly and communicated to an App User from the Management System in the event that the App User has been determined to be a Positive Tester.


(Acceptance of Terms and Conditions)
Article 3:
1 App Users shall use the App in accordance with these Terms and Conditions, and cannot use the App unless they have fully understood the content of, and have accepted, these Terms and Conditions.

2 By actually using the App, an App User shall be considered to have fully understood the content of, and have accepted, these Terms and Conditions.

 
(Systems by which the App Generates, Records, Provides, etc. Information)
Article 4:
1 The App User must use the App having fully understood the following items pertaining to systems by which the App generates, records, provides, etc. information, and having accepted these Terms and Conditions, before starting to use the App.
  1.   (1)The Daily Key is automatically generated and recorded in the App User’s App-Installed Device, and the Daily Key is automatically invalidated 14 days after generation.
  2.   (2)The Contact Code is automatically generated and recorded in the App User’s App-Installed Device, and the Contact Code is automatically invalidated 14 days after generation.
  3.   (3) Only when Bluetooth is enabled in the App-Installed devices of the App User and another App User who is in a state of Contact with said App User, using Bluetooth, (i) the Contact Code generated and recorded in the App User’s own App-Installed Device is automatically provided to and recorded in the App-Installed Device of the other App User in a state of Contact with said App User, and (ii) the Contact Code generated and recorded in said other App User’s App-Installed Device is automatically provided to and recorded in the App User’s own App-Installed Device.
  4.   (4)The Contact Code of the other App User registered in the App-Installed Device as described in the preceding paragraph will be automatically invalidated 14 days after the Contact Code was recorded.
  5.   (5)In the event that the App User has determined that they are a Positive Tester, and in the event that said App User has agreed separately to (a) the Daily Key recorded in said App User’s own App-Installed Device being provided to another App User’s App-Installed Device and (b) another App User who has been in a state of Contact with said App User within the previous 14 days being able to know that said other App User may have been in Contact with an unspecified Positive Tester without receiving information which enables said Positive Tester to be personally identified, (i) said App User inputs, to their own App-Installed Device, a Processing Number sent to said App User’s mobile telephone number or email address, which has been registered separately with the Management System, (ii) whether or not the input Processing Number is a Processing Number issued to a Positive Tester is verified with the Management System from said App User’s App-Installed Device via the Notification Server, and (iii) a response indicating whether or not the verified Processing Number is a Processing Number issued to a Positive Tester is provided to the Notification Server from the Management System. In the event where, as a result of said verification, a response indicating that the verified Processing Number is a Processing Number issued to a Positive Tester has been made, the Daily Key recorded in the App-Installed Device of the Positive Tester is automatically provided to the App-Installed Device of said other App User via the Notification Server. In the App-Installed Device of said other App User, Contact Codes recorded in the App-Installed Device of said other App User within a maximum of the last 14 days are searched, and in the event where it is determined that a matching Contact Code is recorded, a notification indicating that said other App User may have been in contact with an unspecified Positive Tester is made in the App-Installed Device of said other App User.

2 By actually using the App, an App User shall be considered to have accepted the Terms and Conditions having fully understood the content of the preceding paragraphs.


(Intellectual Property Rights, etc. Pertaining to the App)
Article 5:
1 All copyrights, author’s moral rights, trademark rights, and other intellectual property rights, as well as the rights to know-how and other intellectual property, which pertain to all services, programs, and other works provided to App Users by the Ministry of Health, Labour and Welfare (including these Terms and Conditions, operating manuals, etc.; the same applies hereinafter) belong solely to the Ministry of Health, Labour and Welfare.

2 In using the App, the App User agrees to use all services, programs, and other works provided to the App User by the Ministry of Health, Labour and Welfare according to the following conditions.
  1.   (1)The App User will only use the App properly and in accordance with these Terms and Conditions.
  2.   (2)The App User will not copy, modify, edit, distribute, etc. the App, and will not reverse-engineer the app.
  3.   (3)The App User will not sell, lend, or transfer the App to a third party, or use the App as collateral, for commercial purposes or otherwise.
  4.   (4)The App User will not delete or change copyright notices or trademark notices displayed by parties designated by the Ministry of Health, Labour and Welfare.

3 Notwithstanding the previous two paragraphs, provisions governing the use of open source content shall have priority for items for which it is necessary to adhere to said provisions. Information regarding open source content can be found at https://github.com/cocoa-mhlw/cocoa.
 
(Usage Time, Stopping Usage, etc.)
Article 6:
1 In principle, the App can be used 24 hours a day, 365 days a year. However, depending on the operating conditions of the Management System, there may be cases where some functions of the App cannot be provided.

2 The Ministry of Health, Labour and Welfare can, upon providing prior notice through the Ministry of Health, Labour and Welfare’s website concerning COVID-19 measures or within the App, suspend, interrupt, or otherwise stop the use of the App by the App User, in any of the situations described hereinafter. However, in emergency situations, the Ministry of Health, Labour and Welfare can suspend, interrupt, or otherwise stop the use of the App without prior notice.
  1.   (1)When maintenance of equipment, etc. used to operate the App is planned.
  2.   (2)When telecommunication carrier(s) do not render their services.
  3.   (3)When a natural disaster, incident, or other state of emergency has occurred, or when a major obstruction to the operation of the App has occurred.
  4.   (4)When the App cannot be operated due to laws or regulations, or measures taken on the basis thereof.
  5.   (5)In any other situation where the Ministry of Health, Labour and Welfare has determined that it is necessary to suspend, interrupt, or otherwise stop the use of the App.

3 The Ministry of Health, Labour and Welfare can limit the use of the App in the event where the use of the App has increased drastically.


(Prohibited Items and Rules to be Observed)
Article 7:
1 App Users are prohibited from engaging in any of the following acts when using the App.
  1.   (1)Acts of using the App for anything other than its original and intended purpose.
  2.   (2)Acts of engaging in improper access, behavior which causes problems with servers, network systems, etc. of the App, operating the App improperly, or deliberately using defects in the App.
  3.   (3)Acts of repeatedly and needlessly making similar or identical inquiries, making improper requests to provider(s), and other acts that interfere with or otherwise cause problems for the normal operation and management of the App by provider(s) and the use of the App by third parties.
  4.   (4)Acts of intentionally transmitting a file or files infected with a virus, malware, etc. to the App.
  5.   (5)Acts which do or may violate laws and regulations or public policy, acts that benefit or involve cooperation with anti-social organizations, acts of impersonating provider(s) or third parties, or acts of intentionally distributing false information.
  6.   (6)Acts of improperly collecting, disclosing, or otherwise providing personal information, usage information, etc. of a third party.
  7.   (7)Any other acts determined by the Ministry of Health, Labour and Welfare to pose or potentially pose a problem to the normal operation of the App.

2 The Ministry of Health, Labour and Welfare can terminate the App User’s use of the App without prior notice in the event that it has been determined that the App User has engaged, or may engage in, any of the acts set forth in the preceding paragraphs.

3 The App User shall observe the following items in using the App.
  1.   (1)In the event that the App User has multiple smartphone devices, the App User should to the greatest extent possible install the App in the one device the App User uses most often.
  2.   (2)The App User should not allow a third party to carry the App-Installed Device.
  3.   (3)When the App has been updated, the App User should download the latest version of the application and install it in their App-Installed Device when they are able to do so.
  4.   (4)The App User should delete the App from their App-Installed Device before selling, transferring, lending, or disposing of their App-Installed Device.


(App User’s Equipment, etc.)
Article 8:
1 The App User shall at their own cost prepare all necessary equipment and software necessary for using the App (including all items pertaining to the smartphone device and communication means). Any procedures necessary for doing so shall be the responsibility of the App User.

2 The App User shall be responsible for any communication fees necessary for using the App, and all other fees involved in the use of the App.

3 In the event that the App User is a minor, the App User shall only use the App with the consent of their parent or other legal guardian, with a smartphone device which they are allowed to use by that parent or legal guardian.

4 Environmental conditions under which the App User may use the App are listed on the Ministry of Health, Labour and Welfare’s website concerning COVID-19 measures.
 

(Disclaimers)
Article 9:
1 The Ministry of Health, Labour and Welfare shall be exempt from any responsibility for any damages to an App User or a third party incurred by using the App (for any reason, including being infected by a virus or malware during use), being unable to use the App (for any reason, including the use of the App being suspended, interrupted, or otherwise stopped, malfunctions in the App, and problems with communication lines), or any other factors caused by or related to the App. However, if the Ministry of Health, Labour and Welfare has caused all or part of damages by its own willful or gross negligence, this provision shall not apply to all or part of said damages.

2 The measurement of distances between App-Installed Devices depends on Bluetooth signal strength, and is not a system which takes into account whether or not there are barriers (including glass windows, thin walls, etc.) through which the Bluetooth signal may travel. As such, differences may arise between measured values depending on conditions or states such as the performance of the App-Installed Device and the direction in which it is held, and no guarantees are made as to the accuracy of Contact distances and times measured by the App.
 

(Discontinuation of App Use and Deletion of Records)
Article 10: The App User can, at any time, discontinue using the App by deleting the App from their App-Installed Device. In the event that the App is deleted from the App-Installed Device, all information of the App recorded in that device will be irrecoverably deleted.
 

(Changes to Terms and Conditions)
Article 11:
 1 The Ministry of Health, Labour and Welfare may at any time, and without prior notice to the App User, change these Terms and Conditions as deemed necessary.

2 In the event that the Terms and Conditions are changed, the Ministry of Health, Labour and Welfare shall in a timely manner list the changes on the Ministry of Health, Labour and Welfare’s website concerning COVID-19 measures or within the App, and the changed Terms and Conditions shall be effective from that point in time.

3 In the event that the App User has used the App after the changed Terms and Conditions have been listed as set forth in the preceding paragraph, the App User shall be considered to have fully understood the content of, and have accepted, the changed Terms and Conditions at the point in time of said use.
 

(Prohibition of Transfer, etc.)
Article 12: Usage rights of the App cannot be sold, lent, or transferred to a third party, or provided as inheritance or collateral to a third party.
 

(Contact Method)
Article 13: App Users can contact the Ministry of Health, Labour and Welfare in regards to the App through the method(s) designated by the Ministry of Health, Labour and Welfare, which are listed in the App or on the Ministry of Health, Labour and Welfare’s website concerning COVID-19 measures.
 

(Governing Law and Jurisdiction)
Article 14:
1 These Terms and Conditions and all items pertaining to the use of the App are governed by the laws of Japan.

2 The first instance of any disputes arising between the Ministry of Health, Labour and Welfare and an App User caused by or with regards to the use of the App shall be under the exclusive jurisdiction of the Tokyo District Court.