Terms of Use

These Terms of Use (the “Terms”) commonly apply to the use by Users, as defined in Article 1, of various services provided by Cross Medicine Inc. (the “Company”) through websites, software, and other means (the “Service”).

Article 1 (Users)

“Users” means individuals, corporations, or other organizations that have agreed to these Terms and completed the user registration procedures set forth in the following Article.

Article 2 (User Registration Procedures)

  1. User registration shall be completed when an applicant applies for registration by the method prescribed by the Company, and the Company reviews and approves such application.
  2. During the review process described in the preceding paragraph, the Company may refuse to approve an application for user registration if it determines that the applicant falls under any of the following items. The Company shall have no obligation to disclose the reason for such refusal.

(1) The applicant made a false statement when registering as a User.
(2) The application was made by a person who has previously violated these Terms.
(3) The Company otherwise determines that the applicant is inappropriate as a User.

Article 3 (User Information, etc.)

  1. The handling of personal information by the Company shall be governed by the Privacy Policy separately established by the Company (https://awababy.tech/en/terms-privacy-policy-2-2/#privacy-policy), and Users agree that the Company will handle personal information in accordance with such Privacy Policy.
  2. Users agree that the Company may acquire the information set forth in items (1) through (5) below (the “User Information, etc.”).

(1) User Information

  1. Name and email address
  2. User type: mother, father, grandparent, childcare worker, or other
  3. Municipality of residence and language used
  4. Occupation and marital status
  5. Presence, type, and share of childcare support / childcare responsibilities
  6. History of mental health conditions

(2) Infant Information

  1. Name, gender, and date of birth, including gestational age, date of birth, and expected delivery date
  2. Birth order, number of siblings living together, birth weight, and singleton / multiple birth status
  3. Medical history and chronic illnesses
  4. Weight and height
  5. Bedtime, wake-up time, nap duration, and sleep score
  6. Number, time, and amount of feeding in ml, time on each side, and baby food records
  7. Frequency, time, and condition of excretion
  8. Crying voice data
  9. Medical information, including vaccination records, vaccination dates, and vaccine names
  10. Medical examination data, including checkup dates and checkup results from obstetrics and gynecology / pediatrics
  11. Medication records, including medication names and administration times
  12. Body temperature, including measured values and measurement times

(3) Cry Analysis Data

  1. AI-based emotion prediction results, such as hunger, tiredness, discomfort, sleepiness, etc.
  2. Actual emotion feedback provided by Users
  3. Records of coping methods

(4) Assessment Data

  1. EPDS score, postpartum depression screening
  2. GAD-7 score, anxiety screening
  3. Average and longest crying duration of infants

(5) Other Information

  1. Billing and subscription information
  2. Consent acquisition history
  3. The Company may use or provide User Information, etc. to third parties, meaning universities and other research institutions conducting joint research with the Company, the Company’s partners, or contractors; the same shall apply hereinafter, for the following purposes, and Users agree thereto. When providing User Information, etc. to third parties other than universities and other research institutions conducting joint research with the Company, the Company shall anonymize such User Information, etc.

(1) To provide, operate, customize, and improve the Service
(2) For identity verification and authentication services
(3) For research to improve the Service and for the development and improvement of new services
(4) For advertising delivery, effectiveness measurement, analysis, and improvement
(5) To create statistical information
(6) To utilize the information for joint research, academic research, and analytical research with universities and other research institutions
(7) To charge usage fees for the Service
(8) To allow Users to use Service functions with respect to data obtained from HealthKit built into Apple’s Healthcare application
(9) For other purposes of use stated in the Privacy Policy set forth in paragraph 1

Article 4 (Usage Fees and Payment Method)

  1. Users shall pay the usage fees separately determined by the Company as consideration for use of the Service by the method designated by the Company.
  2. If a User delays payment of usage fees, the User shall pay the Company late payment damages at an annual rate of 14.6%.
  3. If the Company deletes a User’s registration because the User falls under Article 7, paragraph 1, or if the User withdraws for the User’s own convenience, the Company shall not refund all or part of the usage fees to the User, and shall not lose its right to claim any usage fees that have already accrued.

Article 5 (Management of User ID and Password)

  1. Users shall manage their User ID and password for the Service at their own responsibility. The Company shall not be liable for any damages incurred by Users as a result of their User ID or password being used by any third party. If a User forgets or has their User ID or password stolen, the User shall promptly notify the Company and follow the Company’s instructions.
  2. Users may not transfer or lend their User ID or password to any third party under any circumstances.
  3. If a login is made using a correct combination of User ID and password, the Company shall deem such login to have been made by the User registered under that User ID.

Article 6 (Prohibited Acts)

The Company prohibits Users from engaging in any of the following acts when using the Service.

(1) Acts that violate laws and regulations, these Terms, or public order and morals
(2) Acts related to criminal activity
(3) Acts that destroy or interfere with the functions of the Company’s servers or networks, or other acts that may interfere with the operation of the Company’s services
(4) Acts of transmitting or posting harmful computer programs, such as viruses
(5) Acts of collecting or accumulating personal information, etc. concerning other Users
(6) Acts of impersonating other Users to use the Service
(7) Acts of directly or indirectly providing benefits to anti-social forces in connection with the Company’s services
(8) Other acts that the Company determines to be inappropriate

Article 7 (Restrictions on Use and Deletion of Registration)

  1. If a User falls under any of the following items, the Company may, without prior notice, restrict the User’s use of all or part of the Service or delete the User’s registration as a User.

(1) The User violates any provision of these Terms.
(2) It is discovered that false facts exist in the registered information.
(3) The Company otherwise determines that the User is inappropriate as a User.

  1. Users acknowledge in advance that the full usage fees for the Service shall accrue even while the User’s use of the Service is restricted.
  2. The Company shall not be liable for any damages incurred by Users as a result of actions taken by the Company under this Article.

Article 8 (Disclaimers)

  1. The Company shall be exempt from liability to Users regarding the Service with respect to the following matters.

(1) Any damages arising from changes to, interruption of, or termination of the Service
(2) Any damages suffered by Users in connection with the App, regardless of the reason
(3) The Company shall have no involvement in, and shall bear no responsibility for, Users’ usage environment for the Service
(4) Matters disclaimed in these Terms
(5) Damages incurred directly or indirectly by Users as a result of using the Service
(6) Lost opportunities, business interruption, or any other damages incurred by Users or other third parties, including indirect damages and lost profits

However, this shall not apply where such damages are caused by the Company’s intentional misconduct or gross negligence.

  1. Even if the Company is liable due to its ordinary negligence, such liability shall be limited to the scope of ordinarily arising damages, and the Company shall not be liable for any other damages, including but not limited to lost profits, loss of business opportunities, other indirect damages, and damages arising from special circumstances. In the case of paid services, the Company shall be liable for compensation only up to the amount of the fees, or in the case of continuous services, an amount equivalent to one month’s fees. The provisions of each paragraph of this Article and other provisions of these Terms that exempt the Company from liability shall apply where the Company is deemed not to have acted with intentional misconduct or gross negligence.
  2. The Company shall not be liable for any damages, disputes, or other matters arising between Users and other Users or third parties in connection with the Service.
  3. The Company does not warrant any of the following matters.

(1) The App provides suggestions regarding childcare, and the Company makes no warranty whatsoever regarding its effectiveness or adverse events.
(2) The App does not constitute any medical device and does not diagnose, treat, cure, or prevent any disease or medical condition.
(3) The Company makes no warranty, express or implied, regarding the operation of the App, including normal operability or functionality on Users’ smartphones, freedom from viruses, or absence of defects.
(4) The Company does not warrant that the App does not infringe the intellectual property rights of third parties.
(5) Restrictions on use or defects in all or part of the App arising from causes that are unknown.

Article 9 (Notices or Communications)

  1. Notices or communications between Users and the Company shall be made by posting on the Service, by email, or by any other method deemed appropriate by the Company.
  2. Notices or communications made by the method prescribed in the preceding paragraph shall become effective at the time they are posted on the Service or when the email is sent. Even if Users are unable to view the posting or receive the email due to their own settings, the Company shall bear no responsibility.

Article 10 (Changes to Service Content, etc.)

The Company may change the content of the Service or discontinue provision of the Service without prior notice to Users, and shall not be liable for any damages incurred by Users as a result thereof.

Article 11 (Suspension, etc. of Provision of the Service)

  1. If the Company determines that any of the following events exists, it may suspend or interrupt provision of all or part of the Service without prior notice to Users.

(1) When performing maintenance, inspection, or updates of computer systems related to the Service
(2) When provision of the Service becomes difficult due to force majeure, such as fire, power outage, or natural disaster
(3) When computers, communication lines, or the like are stopped due to an accident
(4) When the Company otherwise determines that provision of the Service is difficult

  1. The Company shall not be liable for any disadvantages or damages suffered by Users or third parties due to suspension or interruption of provision of the Service.

Article 12 (Ownership of Rights)

Intellectual property rights related to the App shall belong to the Company or third parties that have licensed such rights to the Company. Use of the Service under these Terms does not imply a license to use such intellectual property rights.

Article 13 (Changes to the Terms of Use)

If the Company determines that it is necessary, the Company may add to, change, or delete these Terms by notifying Users without obtaining their consent. In such case, the Company shall specify the effective date, and shall notify Users a reasonable period in advance by displaying the fact that these Terms will be changed, the content of the revised Terms, and the effective date on the App, etc., or by other appropriate methods.

Article 14 (Prohibition of Assignment of Rights and Obligations)

Users may not assign or pledge to any third party their status under these Terms or their rights or obligations under these Terms without the prior written consent of the Company.

Article 15 (Language)

These Terms shall be prepared in Japanese as the official text. If any discrepancy or conflict arises between the Japanese text and a translation into another language, the Japanese text shall prevail.

Article 16 (Governing Law and Agreed Jurisdiction)

  1. These Terms shall be governed by the laws of Japan.
  2. The court having jurisdiction over the location of the Company’s head office shall be the exclusive court of agreed jurisdiction in the first instance for all disputes relating to these Terms and the Service.

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Revised Date
May 26, 2026