Terms of Use for Cognitive & Visual Function Self-Checker

“Cognitive & Visual Function Self-Checker” is the collective name for services developed by FOVE, Inc. (the “Company”) and provided either directly by the Company or through the Company’s distributors (including sub-distributors; the same applies hereinafter). These services comprise one or both of the following: the Cognitive Function Self-Checker and the Visual Function Self-Checker.

The Cognitive Function Self-Checker provides an assessment of the risk of future decline in cognitive function. The Visual Function Self-Checker provides an assessment of visual functions such as visual acuity and visual field. End users (“Users”) may use the Cognitive & Visual Function Self-Checker at medical institutions (including hospitals, clinics, and similar facilities; the same applies hereinafter), pharmacies (including pharmacies attached to drugstores; the same applies hereinafter), and similar locations (collectively, “Medical Institutions, etc.”). Before using the Cognitive & Visual Function Self-Checker, Users must read these Terms of Use (the “Terms”) and then proceed to use the services.

Article 1 (Scope of Application)

These Terms apply to all Users of the Cognitive & Visual Function Self-Checker. A User who uses the Cognitive & Visual Function Self-Checker is deemed to have agreed to these Terms and is obligated to comply with them in relation to the Company, the Company’s distributors, and the medical institution where the User undergoes testing using the Cognitive & Visual Function Self-Checker (the “Utilized Medical Institution, etc.”).

Article 2 (Service Description)

1. Users may use the following services. Please note that some Medical Institutions, etc. may not offer certain services.

(1) Taking a test using the Cognitive Function Self-Checker

(2) Taking a test using the Visual Function Self-Checker

(3) Receiving the results of the test(s) taken

2. After taking a test using the Cognitive & Visual Function Self-Checker, the User may choose to receive the test results either in writing or online. Please note that, depending on the Medical Institution, etc., only one of these methods may be available.

3. The Cognitive Function Self-Checker quantitatively evaluates the current state of cognitive function and provides a risk assessment of potential future decline. It is not intended to diagnose, treat, or prevent any disease related to an individual User’s cognitive function, nor does it replace diagnosis or medical advice provided by physicians or other healthcare professionals. Users shall use the Cognitive Function Self-Checker with full understanding of the foregoing and, if necessary, consult an appropriate medical institution at their own judgment and responsibility.

4. The Visual Function Self-Checker quantitatively evaluates the current state of visual function and provides a risk assessment of potential future decline. It is not intended to diagnose, treat, or prevent any disease related to an individual User’s visual function, nor does it replace diagnosis or medical advice provided by physicians or other healthcare professionals. Users shall use the Visual Function Self-Checker with full understanding of the foregoing and, if necessary, consult an appropriate medical institution at their own judgment and responsibility.

5. Regardless of whether a User wears glasses, the User acknowledges and agrees that if normal gaze detection cannot be achieved during pre-test calibration, the User will not be able to use the Cognitive & Visual Function Self-Checker.

Article 3 (Handling of Test Results, etc.)

1. With the User’s consent, the Company and the Utilized Medical Institution, etc. will obtain the User’s test result data generated by the Cognitive & Visual Function Self-Checker.

2. Prior to obtaining the data under the preceding paragraph, the Utilized Medical Institution, etc. shall provide the Company with the information necessary for the User to use the Cognitive & Visual Function Self-Checker, such as the User’s name, test ID, age, gender, and telephone number, and the User hereby gives prior consent to such provision.

3. The Company may analyze test results on its own or jointly with third parties as anonymized information that does not identify any specific individual, and may publish the analysis results.

Article 4 (Privacy Policy)

1. Users shall use the services related to the Cognitive & Visual Function Self-Checker upon consenting to the Company’s Privacy Policy and to the privacy policy of the Utilized Medical Institution, etc.

2. The Company will handle Users’ personal information (including special-care-required personal information) in accordance with its Privacy Policy.

Article 5 (Prohibited Acts)

1. In using the services related to the Cognitive & Visual Function Self-Checker, Users shall not engage in any of the following acts or any acts that may lead to them:

(1) Filming or photographing images or footage of the Cognitive & Visual Function Self-Checker, or images or footage during its use

(2) Infringing the intellectual property rights or other rights, interests, property, honor, or privacy of other Users, third parties, the Company, the Company’s distributors, or Medical Institutions, etc.

(3) In addition to (2) above, causing disadvantage or damage to other Users, third parties, the Company, the Company’s distributors, or Medical Institutions, etc.

(4) Conducting profit-making activities or preparations therefor related to the Cognitive & Visual Function Self-Checker without the Company’s consent

(5) Using or providing computer viruses or other harmful programs in connection with the Cognitive & Visual Function Self-Checker or the websites of the Company, the Company’s distributors, or Medical Institutions, etc. (collectively, the “Self-Checker-Related Services and Sites”)

(6) Altering or deleting all or part of the contents on the Company’s, the Company’s distributors’, or Medical Institutions’, etc. websites

(7) Interfering with network systems related to the Self-Checker-Related Services and Sites

(8) Any act that interferes with the operation or use of the services related to the Cognitive & Visual Function Self-Checker

(9) Acts that violate laws and regulations or public order and morals

(10) Criminal acts or acts that lead to criminal acts

(11) Providing benefits to, or otherwise cooperating with, antisocial forces

(12) Any other acts the Company deems inappropriate

2. If the Company, the Company’s distributors, or Medical Institutions, etc. determine that a User has engaged in, or may engage in, any act falling under the preceding paragraph, they may, without prior notice, suspend the User’s use of the Cognitive & Visual Function Self-Checker or cease providing test results to the User, or take other necessary measures. The Company, the Company’s distributors, and Medical Institutions, etc. shall not be liable for any damages incurred by the User as a result.

3. Users shall exercise due care to avoid causing damage to third parties, the Company, the Company’s distributors, and Medical Institutions, etc. in connection with the Self-Checker-Related Services and Sites. In the event damage is caused, the User shall bear all legal responsibility.

Article 6 (Intellectual Property Rights)

1. All intellectual property rights related to the Self-Checker-Related Services and Sites (including copyrights — together with the rights under Articles 27 and 28 of the Copyright Act — patents, utility models, trademarks, and designs, as well as the rights to obtain or apply for registration of such rights) and all ideas and know-how (collectively, “IPR, etc.”) belong to the Company or its licensors. The license to use the Cognitive Function Self-Checker granted under these Terms does not constitute a license to use any IPR, etc. related to the Self-Checker-Related Services and Sites of the Company or its licensors.

2. Without the Company’s permission, Users may not use, disclose, or make available to third parties any information or files provided via the Self-Checker-Related Services and Sites.

3. If any dispute arises in connection with this Article, the User shall resolve such dispute at the User’s own expense and responsibility, and shall not cause damage to the Company, the Company’s distributors, Medical Institutions, etc., or any third party.

Article 7 (Service Suspension/Interruption)

If any of the following events occurs, the Company may, without prior notice, suspend or interrupt provision of all or part of the services related to the Cognitive & Visual Function Self-Checker. In such cases, the Company, the Company’s distributors, and Medical Institutions, etc. shall bear no liability for any damages incurred by Users due to such suspension or interruption.

(1) Periodic or emergency maintenance of all or part of the systems of the Self-Checker-Related Services and Sites

(2) In the event of war, riot, disturbance, labor dispute, earthquake, eruption, flood, tsunami, fire, power outage, outbreak or spread of infectious disease, or other emergency that prevents normal provision of the services

(3) When provision of the services becomes difficult due to acts of third parties other than the Company, such as a telecommunications carrier ceasing service

(4) When provision of the services becomes impossible due to trouble with a third-party provider or with systems related to the Self-Checker-Related Services and Sites

(5) When, due to laws or measures based thereon, use of the Cognitive & Visual Function Self-Checker and/or its test results becomes impossible or impracticable

(6) Any other case where the Company deems it necessary for the operation of the services related to the Cognitive & Visual Function Self-Checker

Article 8 (Disclaimers, etc.)

1. While the Company endeavors to maintain and improve the services related to the Cognitive & Visual Function Self-Checker, it makes no warranties of any kind regarding the following, and the Company, the Company’s distributors, and Medical Institutions, etc. shall bear no liability for any damages incurred by Users arising from use of the Self-Checker-Related Services and Sites:

(1) Fitness for a particular purpose, usefulness, accuracy, completeness, safety, or legality of the Self-Checker-Related Services and Sites

(2) That no defects, errors, bugs, or other issues will occur in the content of the Self-Checker-Related Services and Sites

(3) That the Self-Checker-Related Services and Sites do not infringe third-party rights

2. If data within server facilities installed by the Company for the services (including servers and network equipment/lines within data centers contracted by the Company) is corrupted or lost, the Company, the Company’s distributors, and Medical Institutions, etc. shall bear no liability for any damages thereby incurred by Users.

3. If the contact details (such as email address, postal address, or telephone number) registered by a User for receipt of test results are incorrect, and as a result notices from the Company or the Company’s distributors concerning the receipt of test results do not reach the User, and/or the test results are sent to someone other than the User, the Company, the Company’s distributors, and Medical Institutions, etc. shall bear no liability, including for any damages arising therefrom.

Article 9 (Damages)

Even if the User suffers direct or indirect damage arising from use of the services related to the Cognitive & Visual Function Self-Checker, the Company, the Company’s distributors, and Medical Institutions, etc. shall bear no liability. If the foregoing provision is held invalid under the Consumer Contract Act or other applicable laws and the Company, the Company’s distributors, and Medical Institutions, etc. are liable for damages based on default or tort, liability shall be limited to compensation for the User’s direct and ordinary damages actually incurred (excluding lost profits), and the Company, the Company’s distributors, and Medical Institutions, etc. shall have no liability for any special damages (including cases where such damages were or could have been foreseen).

Article 10 (Changes to and Termination of Services)

The Company may, at its discretion, change the content of or terminate provision of all or part of the services related to the Cognitive & Visual Function Self-Checker. The Company, the Company’s distributors, and Medical Institutions, etc. shall not be liable to Users for any damages or disadvantages (including lost profits by the User and damages arising from third-party claims for compensation) resulting from such changes or termination.

Article 11 (Severability)

1. Even if any provision or part of these Terms is held invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions or parts other than such invalid or unenforceable portion (the “Invalid Portion”) shall remain in full force and effect. The Company, the Company’s distributors, Medical Institutions, etc., and the Users shall endeavor to modify the Invalid Portion to the extent necessary to render it lawful and enforceable and to ensure legal and economic effects equivalent to its intent.

2. Even if any provision or part of these Terms is held invalid or unenforceable with respect to a particular User, such determination shall not affect the validity with respect to other Users.

Article 12 (Transfer of Business, etc.)

If the Company transfers to a third party all or part of the business related to the Cognitive & Visual Function Self-Checker, the Company may, in connection with such transfer, assign to the transferee its position as service provider for all or part of the services, its status and rights and obligations under these Terms, and Users’ registration information and other information. Users hereby give prior consent to such assignment of their status, rights and obligations, and other information.

Article 13 (Jurisdiction)

These Terms shall be governed by and construed in accordance with the laws of Japan. Any disputes between a User and the Company arising in connection with matters set forth in these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Article 14 (Good-Faith Discussions)

Any matters not provided for in these Terms or any doubts arising in the interpretation of these Terms shall be resolved through good-faith discussions between the User and the Company, the Company’s distributors, or Medical Institutions, etc.

Article 15 (Amendments and Updates to these Terms)

The Company may amend these Terms when it deems necessary. The amended Terms shall be publicized on the Company’s website or by other appropriate means, and shall take effect on the date that is two weeks after such public notice.

Established: December 1, 2021

Revised: February 2, 2026