UI Collabo Terms of Use
Article 1 (Definitions)
- The “Terms” means these UI Collabo Terms of Service.
- The “Company” refers to Potential United Inc.
- The “Agreement” refers to the contract between the company and the user based on these Terms and Conditions.
- The “service” means the service called “UI Collabo” operated by the company (if the name or content of the service is changed for any reason, including the service after such change).
- The term “Other Regulations” means product introductions, guidelines, help, and other regulations regarding the services other than these Terms and Conditions.
- The term “User” shall mean a person who enters into this Agreement with the company and uses the service.
- The “Registered Matters” means the information that a prospective user registers at the time of application for the service, as prescribed by the company.
- The “ID and password” means the ID and password required to use the service.
- The term “the Site” means the website operated by the company with respect to the service.
- The term “the Site, etc.” means the Site and the services.
- The term “Usage Environment” means the environment required for the service, including hardware, software, Internet connection lines, and security.
- The "Transmitted Information" means text, illustrations, images, videos, and other information (including automatically generated information and processing results based on such information) that you transmit to us, other users, or third parties using the service.
- “User data” means all data (including text data, voice data, image data, etc.) provided by a user to the company on the service.
- “User Information” refers to the company name, country, address, e-mail address, payment information (billing address information, credit card information, etc.), and other information related to the attributes of the relevant user among the user data.
- The term “Intellectual Property Rights” shall mean patent rights, utility model rights, design rights, trademark rights, copyrights, rights under the Unfair Competition Prevention Law, and any other property rights or personal rights.
- “Storage” means the portion of the service that stores the image data and attached file data uploaded by the user, which is the part of the user data that records information within the service.
- The term “Monthly Contract” shall mean a contract for one month of the service, which is commenced upon payment of one month's usage fee.
- The term “Annual Contract” means a one (1) year contract for the service, which is commenced upon payment of one (1) year's subscription fee for the service.
Article 2 (Purpose)
- This Agreement sets forth the terms and conditions of use for the service provided by the company.
- The user shall use the service by these Terms of Use, and if the user does not agree to these Terms of Use, the user may not use the service.
- When a user expresses an intention to start using the services (including by clicking an account registration button or other similar action to apply for the use of the services), the user declaring such intention represents and warrants that he/she has the full legal authority to enter into this Agreement on behalf of or represent the parties to this Agreement (Contractor) and to bind such parties to the content of this Agreement.
Article 3 (Scope of Application)
- These Terms of Use apply to the company and the user. By registering as a user of the service, the user is deemed to have agreed to all of the terms and conditions of this Agreement.
- The company may establish other rules on the website. In the event of any discrepancy between these Terms of Use and other rules, these Terms of Use shall take precedence.
Article 4 (The Service)
- The company may improve, add, delete, etc., the specifications of the service without prior individual notice, and the user agrees to such improvements, additions, deletions, etc., in advance.
- The user may use the service by the method determined by the company to the extent permitted by these Terms of Use only during the effective period of these Terms of Use.
- The company makes no warranty of any kind as regards the following items.
- No malfunction or failure occurs in the usage environment due to the use of the service.
- That the service is accurate and complete.
- The service shall operate permanently.
- The service is suitable and valuable for the user's purposes.
- The service conforms to the laws and regulations applicable to the user, internal rules of industry associations, etc.
Article 5 (User)
- Users include the customers specified in the following items.
- Subscriber
subscriber means a corporation or individual who is a contracting entity that has agreed to the terms of this Agreement and has entered into a contract with the company for the use of the service. - Contract administrator
subscriber Administrator means the individual who has the legal authority to perform legal acts on behalf of the subscriber or the user who performs the following procedures related to the contract and payment: (1) formal registration, (2) viewing of contract details and payment history, (3) change of usage plan, (4) change of payment method, (5) change of contract administrator, (6) application for termination of use, and other procedures related to the contract and payment. And subscriber Administrator is also the individual who has the legal authority to perform the legal acts of the subscriber. - Payer
Payer means a person who is the billing recipient of the usage fees related to the Usage Contract between the subscriber and the company and who is designated as a payer at the time of registration or on the service. - End users
An End user is each individual who accesses the service among the users. End users are divided into general users who can only perform basic operations and administrative users who can perform administrative operations in addition to basic operations.
- Subscriber
- The contractor and contract administrator represent and warrant, and have the obligation and responsibility to investigate and verify, any of the following
- All users subject to the contract, including end users, must be 18 years of age or older.
- When a user under the age of 18 is included in the user subject to the contract, and the user continues to use the service, the user's parental authority or legal representative must consent to the registration, storage, or use of the user's personal information on the service in advance. prior consent of the person with parental authority or legal representative of the user to register, store or use the user's personal information on the service.
- The subscriber and the contract administrator shall be obligated to have the end user comply with these Terms and Conditions and shall be responsible for the End user's compliance with these Terms and Conditions.
Article 6 (Account and Password)
- One account is issued to each user.
- The users shall specify their password under the conditions set by the company (e.g., not easily guessable, a combination of alphanumeric characters, etc.).
- The company shall deem a person who has logged in as a genuine user if the company confirms by a prescribed method that the ID and password used at the time of logging in match the registered ones.
- The users shall manage their account and password at their own risk, and the company shall not be liable for any use of the user's account by any third party other than the user.
- The company shall not be liable for any damage incurred by the user due to insufficient management of the ID and password by the user, error in use, unauthorized use, etc.
Article 7 (Provision of User Information)
When the user applies for the service, and when the company requests the user to provide user information, the user shall promptly respond to such request and provide the company with user information.
Article 8 (Change of User Information)
- If there is any change in the information that the user has notified the company of, the user shall immediately inform the company of such change by the method prescribed by the company.
- The company shall not be liable for any damage incurred by the user as a result of communications, notifications, claims, etc., from the company not reaching the user due to the user's failure to make the notification in the preceding paragraph (including cases where the notification is delayed or incorrect) The company shall not be liable for any damage incurred by the user as a result of communications, n notifications, claims, etc. from the company not reaching the user or being delayed due to failure to make the notification in the preceding paragraph (including cases of late or inaccurate notification).
Article 9 (Notification and Communication)
- Notification and communication from the company to the user shall be made by means the company deems appropriate, such as sending written documents, e-mails, or posting on the service or the website. If such notice or communication is sent by e-mail or posted on the service or the site, it shall be deemed to have reached the user at the time it is distributed on the Internet.
- Notification and communication from the user to the company shall be made through the inquiry form prescribed by the company, through the feedback form prescribed by the company, or to the e-mail address for inquiries. The company will not be able to respond to any notification or contact from other sources.
- The company shall not be obliged to reply to any notice or communication from the user to the company.
Article 10 (Attribution of Rights)
- All intellectual property rights related to the service belong to the company except those licensed to the company.
- The granting of the license to use the service set forth in these Terms does not grant any rights concerning the company's intellectual property rights related to the service, except as expressly stipulated in these Terms. The user may not use the service in any manner beyond that which is contemplated by the service.
Article 11 (Transmission Information)
- The user warrants that he/she has the legal right to transmit the transmitted information and that it does not infringe on the rights of the company, other users, or third parties.
- The user shall continue to own the intellectual property rights of the transmitted information after transmission. The company may use or exploit (including but not limited to the reproduction, adaptation, public transmission, and making transmittable necessary for that purpose) the transmitted information only to the extent necessary for the operation of this service. The user agrees not to exercise moral rights of authorship against the company, third parties who have legitimately acquired the rights from the company, or persons who have inherited the rights from such third parties.
- The company may, without prior notice, view, store, restore, or disclose to a third party all or part of the Transmitted Information ("Viewing, etc.") if the company determines that any of the following applies. The company shall not be obliged to disclose the reason for the above decision.
- When the user has given consent
- When there is no response from the user within 7 days of the company contacting the user to request consent for viewing, etc.
- When we receive an official request from a court of law, the police, or other public institution by laws and regulations.
- When the person is obliged to inspect, etc., by the law
- When the user commits an act prohibited by these Terms of Use
- When necessary to protect the life, body, or other important rights of the user or a third party
- When it is necessary for the maintenance of the service or to resolve technical malfunctions
- When it is necessary to comply with the above items
- The company may, without prior notice, delete all or part of the transmitted information or temporarily suspend its publication or posting if the company determines that any of the following applies (hereinafter referred to as "Deletion, etc."). The company shall not be liable for any information that has been deleted, including restoration of said information, and shall not be obligated to disclose the reason for the above decision.
- When the user has given consent
- When there is no response from the user within 7 days of the company contacting the user to request consent for deletion, etc.
- When we receive an official request from a court of law, the police, or other public institution in accordance with laws and regulations
- When the company is obliged to delete the information in accordance with the law
- When the user commits an act prohibited by these Terms of Use
- When necessary to protect the life, body, or other important rights of the user or a third party
- When these Terms and Conditions are terminated, regardless of the reason
- When the service is changed, suspended, or terminated in accordance with Article 21, Article 22, or Article 23
- When there is a need that is equivalent to each of the above items
- We can back up the transmitted information at our discretion for the convenience of restoration in the event of system failure without the user’s consent.
- We will delete the transmitted information after a storage period determined separately by us upon the termination of this Service Agreement. After the termination of this Service Agreement, the company shall not be liable for any damages incurred by you or any third party in relation to the storage, deletion, backup, etc., of the transmitted information.
Article 12 (Prohibited Matters)
- In using the service, the following acts are prohibited.
- Violation of any provision of these Terms and Conditions
- Reverse engineering, decompiling, disassembling, hacking, disabling, interfering with, disassembling, modifying, copying, converting, destroying, building a mirror site of, or performing any other similar acts with respect to part or all of the service
- Any act of special access beyond the scope of normal use by scraping, crawling (programs such as crawlers, robots, or spiders), or other similar means, or any act of obtaining information regarding the service.
- Access to the server of the service other than from the front-end program provided by the service
- Modification of all or part of the front-end program provided by the service
- Issuing a large number of requests to the Site, etc., and placing a load on the system.
- Interfering with the operation and maintenance of the service
- The act of allowing a third party other than the user to use the service
- Transferring or lending your account to a third party
- Use of another person's account or password without that person's permission
- Unauthorized access, cracking, or other equivalent acts
- Violation of laws and regulations
- Criminal acts and related activities
- Reproducing, copying, duplicating, transferring, extracting, processing, modifying, making transmittable, or otherwise making secondary use of the service, or making it available to third parties by lending, selling, redistributing, publicly transmitting, licensing, etc.
- Infringement on the intellectual property rights, privacy rights, honorary rights, trust, portrait rights, or any other rights or interests of the company or any third party in addition to the preceding items
- Acts against public order and morals
- Behavior that is considered socially inappropriate
- The act of reproduction, modification, transmission, or any other acts to the extent necessary for the operation of the service by the company, which constitutes an infringement of the intellectual property rights, privacy rights, honour, credit, likeness, or any other rights or interests of other users or third parties. Transmission of information to the company
- Falsifying information that can be used by the service
- Cooperation with or involvement in the maintenance, operation, or management of antisocial forces, etc. (meaning organized crime groups, organized crime groups, antisocial parties, and other similar groups; the same shall apply hereinafter) or any other interaction or involvement with antisocial forces, etc. Any act of interacting or being involved in any way with Anti-Social Forces, etc., such as cooperating or being involved in the maintenance, operation, or management of Anti-Social Forces, Etc.
- Acts that directly or indirectly cause or facilitate any of the foregoing acts
- Other acts that the company deems inappropriate
- If there is a comprehensive succession such as a merger in the subscriber, the surviving company, due to the merger, shall succeed to the subscriber's status under the Agreement within the scope of this Agreement.
- Notwithstanding the provisions of the preceding two paragraphs, the user may invite the subscriber's business partners (including the subscriber's affiliated companies) as users, provided that the subscriber and user shall be fully responsible for the invitation. In this case, the user shall not grant the business partner the authority to manage the service.
- In the case of the preceding paragraph, the subscriber and the Contract Manager shall be obligated to have the business partner who has been invited as a user comply with these Terms of Use and shall be liable for any acts of a said business partner.
- In the case of the preceding two paragraphs, if we request you to suspend the use of a specific business partner that you have invited after showing reasonable cause, such as the partner violating the provisions of these Terms of Use, including the preceding paragraph, you shall comply with the request.
- The company may disclose or delete the user’s information who has committed the prohibited acts outlined in Paragraph 1. In such cases, the user may not object to the actions taken by the company.
Article 13 (Suspension of Use and Account Termination)
- Suppose a user falls under any of the following items. In that case, we may terminate all or part of the contract with the such user for the service (hereinafter referred to as the "Service Agreement") or suspend all future use of the service or terminate the user's account.
- If there is any false information in the user registration
- When the company does not provide user Information in response to a request by the company
- When the user has committed a prohibited act
- When the company recognizes that there is doubt about the user's payment of the Usage Charges
- When the credit card company cancels the user's payment of the Usage Charges
- When a Free user has not used the service for 90 days or more
- If the business license is cancelled or suspended by the supervisory authority
- In the event of suspension of payment or insolvency, or the event that a bill or check is dishonoured
- In the event of a petition for seizure, provisional seizure, provisional disposition, or auction, or the event of delinquent payment of taxes and public dues
- When a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or special liquidation is filed
- In the event of dissolution (except in the case of a merger) or de fac to suspension or cessation of business (xi) In the event of dissolution (except in the case of a merger) or de facto suspension or cessation of business
- If the company recognizes that there is a risk that there will be a material change in the assets or credit status of the user and that the performance of the user's obligations under these Terms of Use or other terms and conditions for the service may become difficult.
- In other cases where the company deems it inappropriate to continue using the service.
- In the case of the preceding paragraph, the user shall forfeit the benefit of time for all debts owed to the company without any notice or demand from the company and shall immediately repay all debts in a lump sum.
- The company shall not be liable for any damage incurred by the user due to the cancellation of the service Agreement, suspension of the service use, or account termination as outlined in Paragraph 1.
Article 14 (Exclusion of Transactions with Antisocial Forces)
- The user and the company shall each commit to the following items to the other party.
- Any person who is currently an organized crime group, a member of an organized crime group, a person who has been a member of an organized crime group for less than five years, a quasi-constituent of an organized crime group, a company related to an organized crime group, a general meeting house, a person who is a target of social activities, a special intelligence group or other similar groups (hereinafter collectively referred to as "Anti-Social Forces"). Not a person who is a quasi-organized crime syndicate member.
- You do not fall under any of the following items.
- Having a relationship in which antisocial forces are deemed to control the management
- Having a relationship in which antisocial forces are deemed to be substantially involved in the management
- Having a relationship that is deemed to involve unjustified use of antisocial forces, such as for the purpose of making unjust profits for oneself, one's own company, or a third party, or for the purpose of inflicting damage on a third party.
- Having a relationship that cooperates with or is involved in the maintenance or operation of antisocial forces, such as providing funds, etc., or benefits to antisocial forces.
- An officer or a person substantially involved in the company’s management has a socially reprehensible relationship with antisocial forces.
- Not to perform any of the following acts about the service, either by yourself or by using a third party
- Violent demanding acts
- Unreasonable acts of demand beyond legal responsibility
- Behaving in a threatening manner or using violence in connection with a transaction
- Acts of spreading rumors, using deception or force to obstruct the other party's business, or defaming the other party's credibility
- Other acts equivalent to the preceding items
- If the user or the company violates the commitment in the preceding paragraph, the other party may terminate all or part of the Service Usage Contract without any notice. In this case, the terminated party shall not make any claim against the other party for any damage caused by the termination.
- If a user violates the commitment in Paragraph 1, the company may, in addition to the provisions of the preceding paragraph, suspend the user from using the service at any time in the future and terminate the user's account. In this case, the provisions of Paragraph 3 of the preceding article shall apply mutatis mutandis.
- If the company suspends the use or terminates a user account in accordance with the preceding paragraph, the user shall immediately compensate the company for all damages incurred by the company.
Article 15 (Types of Service)
- The service is provided under the free plan (synonymous with "Starter Plan"). The same applies hereafter) and paid plans. The service has a free plan (synonymous with "Starter Plan") and a paid plan.
- Starter Plan is a service that allows you to use some of the features of the Paid Plans that we specify for free.
- Paid plans include Light Plan, Business Plan, and Enterprise Plan.
- The Light Plan, Business Plan, and Enterprise Plan are the higher-paid plans in that order.
Article 16 (Effective Period)
- The term of validity of the Service Usage Contract shall be a period determined separately by the company.
- Notwithstanding the provisions of the preceding paragraph, if neither the user nor the company expresses a different intention by the expiration date, the Service Usage Contract shall be automatically renewed under the same terms and conditions for a period separately determined by the company, and the same shall apply thereafter.
- Unless otherwise agreed between SOFTBANK TELECOM and the subscriber, the subscriber and user may not terminate the Service Usage Contract during the period specified in the preceding two paragraphs (referring to Paragraphs 1 and 2 of this Article).
- The subscriber of a paid plan can make a contract on a monthly or annual basis.
- The validity period of monthly and annual contracts shall be determined separately by the company.
- The subscriber of a Monthly Subscription may change to an Annual Subscription at the expiration of the applicable Monthly Subscription by applying for such change in the manner prescribed by SOFTBANK TELECOM.
- A subscriber to an Annual Subscription may change to a Monthly Subscription at the expiration of such the Annual Subscription by applying for such change in the manner prescribed by SOFTBANK TELECOM.
Article 17 (Change of Plan)
- A free plan subscriber can transfer to a paid plan by applying for it through the method prescribed by the company.
- A subscriber of a paid plan may change the plan among Light Plan, Business Plan, and Enterprise Plan by applying for the plan by the method prescribed by the company. However, the plan cannot be changed in any of the following cases
- If you are changing from an Enterprise or Business Plan to a Light Plan and the number of administrative users exceeds the maximum number of administrative users for the Light Plan.
- If you are changing from an Enterprise or Business Plan to a Light Plan and the number of projects you have opened exceeds the maximum number of projects for the Light Plan.
- If you are changing from an Enterprise or Business Plan to a Light Plan and your storage capacity exceeds the storage capacity limit of the Light Plan.
- A subscriber of a paid plan can change to a free plan by applying for it through the method prescribed by the company. However, the plan cannot be changed in the following cases
- The number of administrative users exceeds the maximum number of administrative users in the Starter Plan.
- If the number of projects opened exceeds the maximum number of projects in the Starter Plan.
- If the storage capacity exceeds the storage capacity of the Starter Plan.
- The Plan Amendment shall be implemented at the time specified in each of the following items.
- In the case of a change from a free plan to a paid plan, when the application is accepted.
- In the case of a change from a paid plan to a free plan, the date of expiration of the contract.
- In the case of a change from a Light Plan to a Business Plan or Enterprise Plan, when the application is accepted.
- In the case of a change from a Business Plan to an Enterprise Plan, when the application is accepted.
- If you are changing from an Enterprise Plan to a Business Plan or Light Plan, the date of expiration of the contract.
- In case of changing from Business Plan to Light Plan, the date of contract expiration.
- The decision on whether or not to implement the plan modification outlined in Paragraphs 2 and 3 shall be made three (3) days prior to the contract’s expiration date.
- Business Plan and Enterprise Plan subscribers may apply for the Additional Storage Capacity Option and Additional Administrative User Option (hereinafter referred to as "Additional Options").
- The subscriber who has applied for the Additional Option may request to change or cancel the Additional Option at any time.
- After the subscriber has applied for the use, change, or cancellation of the additional options, a notice of application completion will be sent by the method specified by SOFTBANK TELECOM. The application is complete when the application completion notification is sent.
- The contract term of the Additional Option shall be until the expiration date of the contract term of the Business Plan or Enterprise Plan under contract. Unless the subscriber requests to terminate the contract of Additional Service, the contract shall be automatically renewed for one month in case of a monthly contract and automatically renewed for one year in case of an annual contract. The same shall apply thereafter.
Article 18 (Application)
- Some of the services can be used by using a web browser on the user's computer. The OS and Web browser of the computer that can be used will be separately specified by the company.
- The user shall bear the communication charges when using the service on a personal computer.
- When using the service on a personal computer, the company shall not be liable for any damage incurred by the user due to a decrease in communication speed, communication line malfunction or accident, or deterioration of the communication environment.
Article 19 (User Data Management and Information Security)
- This company shall take the utmost care to protect the user data registered on the service. However, the user shall be responsible for managing user data, and the company shall not be liable for the deletion or loss of user data due to the user's negligence or any other reason attributable to the user.
- Certain portions of the service allow the user to upload, provide, store, transmit or receive text, files, or other user data. The user will continue to retain all administrative rights, intellectual property rights, and other rights they have to such user data. In other words, the user maintains and manages the rights belonging to the user.
- We do not acquire intellectual property rights to any text, files, or other user data you upload, share, or store on the service. The service allows you to share documents and open them on different devices.
- The user controls who can access the user data uploaded by the user to the service.
Article 20 (User's Responsibility)
- The user must resolve any problems between users or between the user and a third party on the service at the user's responsibility and expense, and the company shall not be held responsible for any such problems.
- The user shall bear all responsibility for any problems that occur in relation to information registered or published by the user on the service, and the company shall not be liable for any such problems.
Article 21 (Temporary Suspension and Suspension of Provision)
- The company may suspend or temporarily discontinue all or part of the service without notice to users for any of the following reasons.
- When performing maintenance and updating of systems, software, servers, etc., for providing the service.
- When the company determines that there is a security problem due to excessive load on the system for providing the service or unauthorized access, etc.
- If a provision of the service becomes difficult due to fire, power failure, earthquake, eruption, tsunami, or other natural disasters.
- When it becomes challenging to provide the service due to war, disturbance, riot, civil commotion, labor dispute, etc.
- In addition to the preceding items, when the company deems it necessary to discontinue or temporarily suspend the provision of the service for operational or technical reasons.
- The company may suspend the provision of the service until the user has a reason for the suspension as specified in each of the following items or until the user has a reason for resumption as specified in each item.
-
(Reason for suspension)
Failure to process the payment of the usage fee by the payment method specified by our company.
(Reason for reopening)
Confirmation of receipt of the full amount of unpaid fees -
(Reason for suspension)
Unpaid fees have accrued, and the company is unable to contact the subscriber.
(Reason for reopening)
The subscriber can be contacted, and payment of the full amount of unpaid fees has been confirmed. -
(Reason for suspension)
Inability to contact the user when it is necessary for us to contact the user
(Reason for reopening)
The ability to contact the user in question. -
(Reason for suspension)
Violation of Article 12, if the violation is not corrected.
(Reason for reopening)
The condition of violation of Article 12 has been corrected.
-
- If the service is suspended or temporarily interrupted for more than 24 hours, the amount corresponding to the period of suspension shall be refunded to the user on a pro-rata basis.
- The company shall not be liable for any suspension or temporary interruption of the service as described in Paragraph 2.
Article 22 (Changes to the Contents of the Service)
The company may, for its reasons, add, change or delete the contents of the service (hereinafter referred to as "Change, etc."). The company may add, change or delete the contents of the service ("Changes, etc.") at its convenience.
Article 23 (Discontinuation of the Service)
- The company may terminate the service Agreement or discontinue the provision of the service in the event of unavoidable circumstances.
- If the service is to be discontinued, the company shall notify customers in advance by means of a notice on the website or other appropriate methods. However, this shall not apply in case of emergency or other unavoidable circumstances. In the event of discontinuation of the service, the company shall refund to the user a pro-rata portion of the already paid usage fees corresponding to the number of days the service will not be provided.
Article 24 (Usage Fees)
- This service has a free plan and paid plan. In the case of a paid plan, the user shall pay by the date specified by the company by the payment method specified by the company. The user shall be responsible for any fees associated with the payment and any costs associated with the maintenance of the usage environment when using the service.
- The usage fee for the Additional Option shall be in accordance with the Additional Option fee details separately stipulated by the company. The initial fee will be calculated on a pro-rata basis based on the number of days remaining from the start date of the Additional Option subscription to the next renewal date.
- The company will not refund the Usage Fees even if the user fails to receive the services or no longer needs to receive the services during the effective period of this Agreement for any reason whatsoever.
- The company may change the Usage Fees by Article 32 when the need to change the Usage Fees arises due to business reasons, enactment, revision, or abolition of laws and regulations, changes in economic conditions, or other reasons.
- The usage fee shall be determined by the company in a separate fee schedule.
- The company shall calculate the usage fee and invoice the user.
- The company may revise the usage fees without the user's consent.
- If there are any changes to the fees, the company shall promptly notify the user.
- The revised usage fees shall be applied at the time of contract renewal. The user’s continued use of the service after a change in the usage fees shall be deemed to constitute acceptance of the said change.
- All fees paid by the user to the company for the service shall not be refunded for any reason whatsoever.
- In the event of termination of use of the service (including transfer from a paid plan to a free plan), regardless of the reason for such termination, the fee will not be reduced or exempted, and the user shall pay the fee until the expiration of the paid plan subscription period (the user shall not be entitled to a refund of the fee already paid).
Article 25 (Payment of Usage Fees)
- The company shall separately announce the payment due date and payment method of the usage fee in the fee schedule or on other websites.
- The user shall be responsible for all transfer fees and other costs paid to the financial institution.
- If the user has selected any payment methods outlined in the separate fee schedule, the user shall immediately notify the company via the Inquiry Form if there is a discrepancy in the payment method.
- In the case of payment by a method other than the payment method specified by the company, the company shall not be liable for any damage incurred by the user or other third parties due to the user's negligence, such as the company being unable to confirm the fact that the user has paid, and the user concerned shall, at the company's request, pay the Usage Fees by the payment method designated by the company.
Article 26 (Prohibition of Assignment of Rights and Obligations)
-
User shall not transfer the user's position as a user of the service and the rights and obligations about the service, in whole or part, to any third party without the company’s prior written consent.
Article 27 (Privacy and Personal Information)
-
User privacy and the handling of personal information shall be governed by the Privacy Policy and other terms and conditions separately set forth by the company.
Article 28 (Confidentiality)
- The user and we shall not disclose or divulge to a third party any information other than the user data outlined in Article 1, which the other party has disclosed by expressly indicating in advance or separately in writing within 14 days after disclosure that such information is confidential information. The user shall not disclose or divulge to any third party any information regarding the technical or business or any other business of the other party which the company has disclosed to the other party by Article 1 without the prior written consent of the other party and shall use such information only to execute this Service Use Agreement and shall not use such information for any other purposes. However, suppose the person who has received the information reasonably determines that it is necessary to disclose confidential information to himself/herself or to an officer or employee of an affiliated company or a lawyer, accountant, or tax accountant who is obligated to maintain confidentiality under the law. In that case, the person who has received the information shall, on condition that he/she assumes obligations equivalent or greater than those outlined in this Article, disclose the confidential information only to the minimum extent necessary on his/her responsibility.
- The preceding paragraph shall not apply to any of the following types of information.
- Information that was already in its possession when the disclosure was received
- Information that is already public knowledge at the time of disclosure
- Information that has become public knowledge through no fault of its own after being disclosed
- Information lawfully obtained from a third party with legitimate authority
- Information that was independently developed or obtained without information disclosed by the other party
- The provisions of this Article shall remain in effect for three (3) years after the termination of the Service Agreement.
Article 29 (Disclaimer)
- The company shall not be liable for any defects in the service, suspension or termination of the service, deletion or alteration of information, or any damage to the user or any third party caused by such defects, except in cases of intentional misconduct.
- We will not be liable for any damages to you or any third party arising out of your use of the service, except as otherwise provided in these Terms of Use, unless such damages are caused by our intentional misconduct.
Article 30 (Handling of User's Trade Name, etc.))
The company may use the user's trade name, trademark, or logo mark ("Trade Name, etc.") for the company's marketing and other purposes. In addition, this company may disclose or publicly announce information to the effect that the user is a user of this service, contents distributed using this service, measures implemented, etc., in general expressions. However, this shall not apply if the user has stated an objection to the company by stating in the subject line of an email and at the beginning of the body of the email, "Request for suspension of the use of trade names, etc." to the email address for inquiries among the means of communication from the user to the company outlined in Article 9, and the company has accepted said communication.
Article 31 (Treatment upon Termination of the Agreement)
- In the event of termination of the service Usage Agreement between the user and the company, regardless of the cause of termination, the user shall lose all rights and privileges related to the user's account used for the service, and the company shall not be liable for any losses incurred by you as a result of such termination.
- In the event of termination of the service Usage Agreement between a user and the company, regardless of the cause of termination, the company shall, in principle, destroy the user data of such user and shall not restore the user data, no matter what the user may have requested.
Article 32 (Modification of Terms)
- The company may modify these Terms at any time and for any reason, and the user agrees to such modification in advance.
- Unless otherwise specified by the company, any changes to these Terms of Use will be notified to the user by means of posting on the Site.
- Changes to these Terms and Conditions shall take effect from the date specified in the notice in the preceding paragraph.
- In the event of any changes to the usage fees or other important matters, the company shall endeavor to give notice in accordance with Paragraph 2 within a reasonable period before the effective date specified in the notice in Paragraph 2.
- If you do not agree to any changes to this Agreement, your only recourse is to terminate this Agreement mid-term.
- The user shall check the latest Terms of Use from time to time when using the site, etc.
Article 33 (Dispute Resolution and Compensation for Damages)
- You shall compensate us for any damage you cause us with your use of the service.
- If the user receives a claim from a third party or has a dispute with a third party in relation to the service, the user shall immediately notify the company of the details of such claim or dispute and shall handle such claim or dispute at the user's expense and responsibility and report the progress and results thereof to the company.
- If the company receives a claim from a third party or a dispute arises with a third party in relation to the use of the service by a user, the user shall, at the user's expense and responsibility, handle said claim or dispute, report the progress and results thereof to the company, and compensate the company for the amount of money the company is forced to pay or other damages.
- The company shall compensate the user for any damage caused to the user in the provision of the service only in the case of willful misconduct on the part of the company.
- In the event that the company is obligated to compensate a user for damages, the scope of damages to be compensated shall be limited to actual damages incurred by the user (not including lost profits). The amount of damage to be compensated shall be limited to the amount of usage fee paid by the user to us for the use of the service during the past one (1) year from the last day of the month preceding the month in which the relevant damage occurred. This Article shall apply to all compensation for damages regardless of default of obligation, liability for defects, obligation to restore the service to its original state, unjust enrichment, tort, or any other cause of the claim.
Article 34 (Term of this Agreement)
- The Term of this Agreement shall be determined separately at the time of application for the start of use of this service. However, if the user does not apply for non-renewal by the method prescribed by the company by three (3) business days prior to the last day of the month preceding the month in which the expiration date falls, this Agreement shall be renewed under the same conditions, and the same shall apply thereafter.
- The user shall pay the usage fee until the expiration of the contract term, even after the user requests not to renew the contract, and the company shall retain the user data of such user until the expiration of the contract term.
Article 35 (Entire Agreement)
This Agreement constitutes the entire agreement between the parties hereto and supersedes all prior agreements, representations, and understandings, whether oral or written, between the parties hereto.
Article 36 (Governing Law)
These Terms and Conditions shall be governed by and construed by the laws of Japan.
Article 37 (Court of Jurisdiction)
Any dispute arising out of or in connection with these Terms and Conditions shall be submitted to the exclusive jurisdiction of the Osaka District Court or Osaka Summary Court in the first instance, depending on the amount of the claim.
Article 38 (Order of Priority of Terms and Conditions)
If there is any discrepancy or difference between the Japanese text and the English text, the Japanese text shall prevail.
Article 39 (Handling of Time)
All times dealt with in these Terms and Conditions shall be Japan Standard Time.
Article 40 (Survival Clause)
- The invalidity of any part of these Terms and Conditions shall not affect the validity of any other part of these Terms and Conditions.
- Even if the service Agreement is terminated, the provisions of Article 12, Article 14, Article 20, Article 24, Article 26, Article 29, Article 31, Article 36, Article 37, Article 38, Article 39, and this Article shall remain in effect.
Article 41 (Consultation)
If any problem arises between you and the company with respect to the service, you and the company shall consult with each other in good faith and endeavour to resolve the problem.
Enforcement and Revision Information
The first edition was enacted and effective as of 01, Dec, 2022.