Drowsiness Guard

1. About these terms

These Terms of Use ("Terms") set out the conditions for using Drowsiness Guard (the Android app and the web version, together the "App"), provided by Studio Toriumi (the "Operator"). We ask for your agreement to these Terms before first use — on the first-launch screen in the Android app, and on the screen shown when you first open the web version. If you do not agree, you cannot use the App.

Please read these Terms together with the Privacy Policy (https://inemuri.toriumis.com/app/privacy/, Japanese).

2. The App is an aid

The App watches your eyelids and head position through the camera and, when a condition lasts for a set time, alerts you with sound, vibration, the screen and the light.

• It is not a substitute for sleep. If strong sleepiness persists, rest first and consult a doctor.
• It is not a medical device. It is not intended to diagnose, treat or prevent sleep disorders such as sleep apnea, and no such effect is promised.
• It is not a safety device. It does not replace occupational-safety, fleet-management or monitoring systems.

3. It can miss and it can misfire

Detection depends on your device's camera and on machine-learning models. In situations like the following the App may miss signs of drowsiness, or go off when you are not asleep:

• Dark rooms, backlight, strong reflections
• Glasses reflections, sunglasses, masks, beards or hair covering the eyes or part of the face
• Your face out of frame, turned sideways, or far from the camera
• Processing delays or stops caused by device performance, temperature, battery or other apps
• Fading awareness with the eyes open (the App cannot see this)

The App is built to keep watching while other apps are in front or the screen is off, but device settings or OS restrictions can stop it. The web version stops when the browser is closed, the screen is turned off, or another app is brought to the front.

4. Use in a car

If you use the App in a vehicle, you do so at your own risk, as an aid only, and you agree to all of the following.

• The App does not replace the driver's duty of care or safety checks, and it is not a driver-assistance system, a safety device or in-vehicle equipment.
• It can miss signs of drowsiness and it can misfire (Section 3). The absence of an alarm is not evidence that you are safe.
• Do not operate the device while driving. Set up, start and stop the App while parked. Mount the device securely where it does not block your view or controls.
• Follow the traffic laws of the country or region where you drive. Looking at a screen or handling a device while moving is prohibited in some places.
• If you feel sleepy, stop in a safe place (a service area, a parking lot, a safe shoulder) and rest — whether or not the App has gone off. The App's "take a break" prompt is an aid; the decision to rest is yours.
• In a commercial vehicle, follow your operator's and employer's rules. The App does not fulfil any fleet-management obligation.

To the extent permitted by law, the Operator accepts no liability for accidents, violations or damage arising from reliance on the App.

5. Privacy

Camera images and microphone audio are processed only on your device and are never recorded, stored or sent anywhere. No account is needed. See the Privacy Policy for details.

What stays on your device: settings (display mode, language, thresholds, whether car mode is on, whether you agreed to these Terms, and so on) and, in the Android app, the sleep hours and alert counts you record yourself. You can delete all of it.

6. Paid features and ads (Android app)

• The Android app offers a one-time paid upgrade (Premium) through Google Play and shows ads. Prices and contents are as shown in the app.
• Purchases, refunds and cancellations follow Google Play's rules. The Operator cannot issue refunds directly.
• Paid features may be added or changed without notice. We will not remove features from people who have already paid.
• The web version is free and currently shows no ads.

7. Prohibited uses

• Watching another person without their consent
• Using the App's output on its own as grounds for labour management, evaluation or discipline
• Modifying or reverse-engineering the App in a way that infringes the rights of the Operator or third parties
• Any use that violates the law or public order

8. Disclaimer of warranties

The App is provided "as is". The Operator makes no warranty as to its accuracy, usefulness, fitness for a particular purpose or continued availability.

Except in cases of wilful misconduct or gross negligence, the Operator is not liable for damage arising from use of, or inability to use, the App — including accidents, injury, lateness, business losses and loss of data. Where consumer-protection law limits such exclusions, they apply only to the extent permitted.

9. Changes and contact

• These Terms may change. For material changes we will ask for your agreement again in the App. Updated Terms take effect when posted on this page.
• These Terms are governed by the laws of Japan. The Kyoto District Court has exclusive jurisdiction in the first instance over disputes arising from these Terms.
• Operator: Studio Toriumi (https://toriumis.com/en/)
• Email: info@toriumis.com

This English text is provided for convenience. If it differs from the Japanese version, the Japanese version prevails.