This English version is for reference only.
This is intended to be as accurate as possible but should be understood that it may contain errors. If there is any inconsistency with the
original Japanese version, the original Japanese version shall take precedence and apply.
Chapter 1 General Provisions
Article 1 (Rules)
Article 2 (Definitions)
In the Terms, the terms listed in each of the following items shall have the meaning set forth in each item.
It means any corporation, organization, partnership, or individual who has agreed to the Terms and entered into the Terms with us.
It means the officers, employees, and other related personnel of Customer who have administrator rights regarding the use of the Services and who set User (defined below) rights, as designated by Customer at the time of application for the Services.
It means the person who is authorized to install the Software on a terminal to be used and to use the Software, as designated by the Operation Administrator.
The Administrator may specify Users within the number of persons separately specified by us.
It means the website operated by us to provide the Services. The Services will be provided to Customers and Users through the Website or the Software as defined in the following paragraph.
It means the applications and software created and published by us to provide the Services, including updates, amendments, substitutes, and copies.
(6) Registration Information
It means the information relating to Customer as determined by us that must be registered as a prerequisite to using the Services.
(7) Customer Information
It means the information stored on the servers managed by us for the purpose of the Services, communication records, and any other information of Administrator and User, including but not limited to the Registration Information, login, application information and web search information provided by Administrator and User through the Services.
Article 3 (Changes to the Terms)
1 We may change the contents of the Terms at any time without the prior consent of Customer.
2 In the event that we change the contents of the Terms and notifies Customer of such changes in accordance with the provisions of the Terms, and the Services is used on or after the date specified in the notice (provided that the date will be the day on which we issue the notice if such date is not specified in the notice), the Terms as amended shall be deemed to have agreed to the Terms and the revised Agreement shall apply to such changes. In the event any Customer fails to follow the procedures for termination within the period of time specified in the notice, such Customer shall be deemed to have consented to the Terms as amended.
Article 4 (Notice)
1 In the event we notify Customer in connection with the Services, it shall implement such measures as posting on the Website or sending e-mails or documents to the e-mail address or address registered as Registration Information in the manner deemed appropriate by us.
2 Any notice given pursuant to the provision of the preceding paragraph shall be effective when the notice is posted on the Website in the former case and when we send the e-mail or document in the latter case.
3 Any inquiry regarding the Services or any other communication or notice from Customer to us shall be made in the manner set forth by us.
Chapter 2 Effect of Contract
Article 5 (Effect of the Contract (Admission))
1 The Contract shall come into effect when a person who wishes to use the Services agrees to the Terms, registers the Registration Information, makes an application in the manner specified by us, and we accept the application.
2 Customer will use the Services from the date on which both Customer and we have agreed upon the Contract Period (the “Contract Period”) in the application set forth in the preceding paragraph. There are six (6) types of Contract plan: one (1) month, three (3) months, six (6) months, twelve (12) months, twenty (24) months, and thirty (36) months.
3 If a minor wish to use the Services, the consent of the legal representative is required. If a minor becomes a Customer or User, the use of the Services and the Terms shall be deemed to have been agreed to by the legal representative.
4 The Contract Period shall be automatically renewed with the same Contract Period unless the Contract is terminated before the expiration of the Contract Period. Provided that the Contract Period after renewal shall not exceed twelve (12) months.
Article 6 (Purpose of the Services)
1 The purpose of the Services is to contribute to the improvement of the business efficiency, optimization of the business allocation and strengthening of the organizational power of the Customer through the visualization and analysis of the business.
2 The Services analyze the Customer information acquired from the terminal used by the Software, based on the Customer’s entrustment to us, and provide the analysis results to the Customer on the Website. Please refer to our website and materials for more details of the contents and functions of the Services.
Article 7 (Fees and Payment Terms)
1 Customer shall pay fees to us for the use of the Services in accordance with the fee plan separately set forth by us. Provided, however, that this does not apply when we provide the Services free of charge for certain specified period.
2 As for the usage fees, the monthly fee shall be paid by the last day of the month before the Service is used. Provided, however, that in the event of a separate agreement between us and Customer, the terms of such agreement shall prevail.
3 In principle, Customer shall pay the fees by means of a credit card or by transferring to the bank account designated by us, and the details will be specified in the application form. The fees paid are non-refundable under any circumstances.
4 In principle, the monthly fees shall not be calculated on a prorated daily basis. Provided, however, that in the event that we designate the starting date of use or the starting date of the fee-based service in the middle of a month, the calculation shall be made on a prorated daily basis. The same shall apply to changes in fee changes due to changes in the number of users. Provided that the monthly fee for the month of cancellation or plan change is not calculated on a daily basis.
5 Communication costs required for using the Services (including communication costs incurred for downloading and using the Software) and communication devices shall be prepared by Customer at the expense and responsibility of Customer. Provided, however, that this shall not guarantee that the Website and the Software will operate properly on the communication devices used by Customer.
Article 8 (Change of Fee Plan)
1 In the event Customer desires to change the fee plan, Customer shall notify us of such change request in a manner designated by us, and we and Customer shall be entitled to change the fee plan on the date on which Customer agrees to change the Plan ( the "Plan Change Date").
2 If the next month's usage fee has been paid on or before the Plan Change Date, the fee plan shall change from the payment of the month after the next month. If the next month's usage fee has not been paid on or before the Plan Change Date, the fee plan shall change from the payment of the next month. Provided, however, that in the event of a separate agreement between us and Customer, the terms of such an agreement shall prevail.
Chapter 3 Precautions for Use of the Services
Article 9 (Personal Information)
1 We will receive personal information included in the Customer Information disclosed by the Customer based on entrustment by the Customer.
2 When Customer entrusts the handling of personal information to us, Customer shall guarantee that Customer is following the procedures prescribed in laws and regulations such as the Personal Information Protection Act.
4 We shall take necessary and appropriate measures to prevent leakage, loss, or damage of Personal Information entrusted by Customer, and in the event of leakage, loss, or damage, we shall take appropriate measures promptly.
Article 10 (Customer ID and User ID)
1 Customer shall strictly control Customer ID (e-mail address) and the Customer password (the "Customer ID, etc.") designated at the time of applying for the Services on its own responsibility, and shall be responsible for any and all acts conducted using the above.
2 Customer shall, at its own risk, strictly control the User ID and the User password (the "User ID, etc.") specified for each User, and shall cause the User to strictly control the above, and shall be responsible for any and all acts conducted using the above.
3 Customer shall not allow any person other than User to use the Services.
4 Customer shall cause User to comply with the Terms. Any breach of the Terms by User shall be deemed a breach of the Terms by Customer and Customer shall be jointly and severally liable with User for such breach.
Article 11 (Change of Registration Information)
In the event of any change in the Registration Information, Customer shall promptly submit such a notification by the method designated by us. We shall not be responsible for any damage suffered by any Customer due to the failure to submit the notification of the change in the Registration Information.
Article 12 (Synchronization Function)
1 Customer shall, at its own responsibility, register the ID, password, and other information (the "Synchronized Target ID, etc.") of the synchronized target service required for the use of the synchronization function.
2 We shall not use any Synchronized Target ID, etc. registered by any Customer for any purpose other than the synchronization function.
3 We use its best care in designating the synchronizable services. Provided, however, that such designation shall not imply any collaboration, coordination, authorization or any other partnership between us and the operator of the synchronizable services, and we shall make no warranty of any kind with respect to the accuracy, completeness of the data obtained by using the synchronization function. Customer shall verify the accuracy, completeness, etc. of the data acquired by using the synchronization function in the synchronized target service as appropriate.
4 Customer shall settle any and all disputes between Customer and the operator of the synchronized target service or any third party arising out of the wrong entry of the Synchronized Target ID, etc. or from the use of the synchronization function at their own responsibilities and expenses, and shall indemnify and hold us harmless from and against damages (including attorneys' fees) incurred by us.
5 Customer acknowledges in advance that the data acquired through the use of the synchronization function may not be accurately displayed on the Website due to system failure in the synchronized target service, or incidents such as communication devices, or other reasons.
Article 13 (Third-party Services)
1 Collaboration with the services operated by a third party other than us in the Services through its website or application software (including the synchronized target service, the "Third-party Services") shall not mean any alliance, cooperation, authorization or any other cooperative relationship between us and the operator of the Third-party Services, and Customer shall also verify the accuracy or completeness of the data, etc., acquired in cooperation with the Third-party Services at the collaborating website.
2 Customer shall use the Third-party Services at their own risk, and shall settle any dispute with the operator of such website and services or any third party or any other rights and obligations with regard to such website and services arising out of collaboration with the Third-party Services at their own expense and shall indemnify us for any damage (including attorneys' fees) incurred by us due to the same.
3 Customer acknowledges in advance that the data to be acquired in cooperation with the Third-party Services may not be accurately displayed on the Website due to any troubles in the communication facilities.
4 The use of the Third-party Services shall be subject to a separate agreement between Customer and the operator of the Third-party Services.
Article 14 (Backup)
1 We shall not be liable for any damage or disadvantage to Customer caused by the absence of any backup data.
2 We may record Customer Information as a backup. Provided, however, that the restoration of Customer Information shall not be guaranteed.
Article 15 (Prohibited Acts)
Customer shall not engage in any of the following acts in connection with the Services;
(1) Acts of making false statements to us;
(2) The use of the Website and information and services, including the Software, furnished by us pursuant to the Contract for purposes other than the use of the Services;
(3) Acts that infringe or are likely to infringe any property (including intellectual property rights), privacy, honor, reputation, likeness, publicity rights, or any other rights or interests of us or any third party;
(4) Acts that infringe or are likely to infringe the rights or interests of us or any third party other than those set forth in the preceding item;
(5) Acts that violate laws and regulations, or that violate or are likely to violate public order and morals;
(6) Acts of improperly using or acquiring a third party ‘s Customer ID, User ID, Synchronizer ID, or any other act of using the Service by pretending to be a third party;
(7) Acts that use or transmit or harmful programs such as computer viruses, or acts that may do so; or
(8) In addition to what is provided for in the preceding item, acts that we consider to cause or be likely to cause hindrance to the execution of its business by us, implementation of the Services, or the network facilities including acts of unauthorized computer access, etc.
Article 16 (Publication of Use Case)
1 Unless otherwise requested by Customer, we shall be entitled to disclose the Customer’s company name as a company using this Services.
2 Unless otherwise requested by Customer, we may, if the Customer is a legal entity, use the trademarks and logos free of charge to the extent necessary for the disclosure of such a use case.
Chapter 4 Termination and Withdrawal
Article 17 (Termination by Customer)
1 If Customer does not wishes to renew the Contract, the Customer may terminate the Contract on the last day of the month after two (2) months following the expiration date of the Contract Period by submitting a specified notification during the period from the first day of the previous month to the last day of the previous month of the expiration date of the Contract Period (hereinafter referred to as the "Termination Request Period"). If the Contract Period is shorter than the Termination Request Period, a termination request may be made at any time during the Contract Period, and termination may be made on the last day of the month after the two (2) months following the expiration date of the Contract Period, as described above.
2 Even in the event Customer terminates the Contract in accordance with the preceding paragraph, we will not refund the fees already received. In addition, even after the termination, Customer shall remain obliged to pay the fees accrued by the time of termination.
3 In the event Customer terminates the Contract pursuant to Paragraph 1, we shall be entitled to delete Customer Information accordingly.
Article 18 (Termination by us)
1 In the event that Customer falls under one of the following items, we may terminate all or part of the Contract and proceed the Customer's withdrawal or take necessary treatments such as the suspension of providing the Services and the prohibition of the re-registration, without any notice to Customer.
(1) In the event of any act in breach of the Terms;
(2) In the event of any falsity, error, or omission in the whole or part of the Registration Information provided to us;
(3) In the event that Customer is or becomes a person with limited capacity to act and does not submit a written consent or written ratification with the name and seal of the statutory agent after a reasonable period of time has elapsed from the formal demand;
(4) When we reasonably determine that an anti-social group (refers to an organized crime group, a member of an organized crime group, a rightist group, organized crime associate members, sokaiya, racketeer groups, group engaging in criminal activities under the pretext of conducting social campaigns, a crime group specialized in intellectual crimes, or any other person equivalent thereto; the same shall apply hereinafter) engages in any exchange or involvement with anti-social forces, etc., such as cooperation or management, or is substantially involved in the management of an anti-social force, etc.;
(5) In the event that the use of the credit cards or payment accounts designated by Customer is suspended by a credit card company, advance agent, etc.;
(6) In the event of a petition for provisional attachment, seizure, or auction, the petition for commencement of bankruptcy proceedings, commencement of corporate reorganization procedures, commencement of civil rehabilitation procedures, or disposition for failure to pay taxes and other public charges;
(7) When it turns out that Customer was previously subject to disciplinary action for withdrawal from the Services.
(8) In the event Customer and the Operation Administrator become missing or no-contactable for more than ninety (90) days; or
(9) In the event we reasonably determine that Customer is inappropriate as a Customer of the Services.
2 In the event any Customer withdraws from membership pursuant to the preceding paragraph, we will not refund the usage fees already received and shall not be liable for any damage or disadvantage incurred by the Customer or any third party.
3 In the event any Customer is subject to a disciplinary action to withdraw from membership pursuant to the provisions of Paragraph 1, we may delete such Customer Information.
Chapter 5 Suspension, Change and Termination of the Services
Article 19 (Discontinuation of the Service)
1 In the event of any one of the following, we may suspend all or part of the Services without giving prior notice to Customer:
(1) In the event of a failure in the systems, facilities, etc., required for the provision of the Services, or the need for maintenance or construction, etc.:
(2) When it has become difficult for the telecommunications carrier to provide the Services due to acts of third parties other than us, such as discontinuation of the provision by the telecommunications carrier;
(3) In the event that the provision of the Services becomes difficult or likely to become difficult due to an emergency (natural disaster, epidemic, war, terrorism, insurrection, rebellion, administrative disposition, labor dispute, etc.);
(4) When the synchronizable service becomes unavailable due to the situation of the synchronizable service;
(5) When the provision of the Services becomes difficult due to laws and regulations, administrative orders, etc.; or
(6) If we determine that there is a possibility of unauthorized use of Customer ID or User ID
(7) When we determine that the discontinuation of the Services is unavoidable for any reason not attributable to us.
2 We shall not be liable for any damage or disadvantage caused to Customer or any third party due to the suspension of the Services pursuant to the preceding paragraph.
Article 20 (Change of Service)
1 We may add or modify a part of the Services at our discretion. We do not guarantee that the addition or modification of the Services pursuant to this Article will maintain all the functions and performance before such an addition or modification.
2 We shall not be liable for any damage or disadvantage incurred by any Customer due to the addition or modification of the Services pursuant to the preceding paragraph.
Article 21 (Discontinuation and Termination of the Services)
1 We may, at its discretion, suspend or terminate the provision of any or all of the Services after giving prior notice to Customer. Provided, however, that in the event the contents of the suspension or termination are not significant, such suspension or termination may be implemented without notice.
2 We shall not be liable in any way for any damage suffered by any Customer due to the discontinuation or termination of the Services pursuant to the provisions of the preceding paragraph.
Chapter 6 Provision of the Software
Article 22 (License)
We hereby grant to any Customer who downloads the Software for the Services the non-exclusive license to use of the Software subject to the Terms. Customer shall cause the User to comply with the provisions set forth in this chapter with regard to the use of the Software.
Article 23 (Prohibitions on the Software)
Customer shall not engage in any of the following acts in connection with the use of the Software in addition to the matters set forth in Article 15:
(1) Make modifications such as duplication, translation, or adaptation of the Software;
(2) Sell, distribute, sublicense, transmit (including make transmittable), rent, transfer, lease or otherwise dispose of the Software;
(3) Use in a manner that avoids technical protective measures such as copy guards provided in the Software;
(4) To reverse-engineer, decompile, disassemble or otherwise extract the source code in part or in whole of the Software;
(5) Publish the Software so that it can be reproduced by a third party; or
(6) Any other conduct deemed inappropriate by us in light of the purposes for which the Software is used other than as set forth in the preceding items.
Article 24 (Restriction on Use)
1 In the event of any of the following, we may limit the use of the Software by Customer in whole or in part:
(1) In the event the usage qualification, etc. cannot be confirmed in the license authentication function of the license and the Customer ID, etc. for the purpose of verifying the usage qualification;
(2) Use of the Software in a location where Internet connection is not available; or
(3) When using the Software in a telecommunication environment where real-time telecommunication is not available.
2 We are not obligated to provide any supports or modifications (including updates) to the Software. We may modify, change, update, or terminate the provision of the Software without prior notice to Customer.
Chapter 7 General Provisions
Article 25 (Exclusion of Anti-Social Forces)
Each party represents and warrants that a person who has fallen and shall not fall under any of the followings:
(1) Having relationships in which anti-social forces, etc. are found to have control over management
(2) Having a relationship in which anti-social forces, etc. are found to be substantially involved in management
(3) A person who has a relationship in which the person is found to be unjustly using an organized crime group member, etc., such as for the purpose of making illicit profits for the person, the company, or a third party, or for the purpose of inflicting damage on a third party
(4) A person who has a relationship in which he/she is found to be involved in providing funds, etc. or convenience to antisocial forces, etc.
(5) An officer or a person who is substantially involved in the management has a relationship with an antisocial force or the like that is socially reprehensible
Article 26 (Warranty)
We will use reasonable best efforts to ensure that the Services work in the operating environments. Provided, however, that We shall not guarantee that Customer Information has the accuracy, validity, usefulness, completeness, or otherwise. Customer shall use the Customer Information after making changes, revisions, etc., as necessary at their own discretion and responsibility.
Article 27 (Intellectual Property Rights)
All intellectual property rights, such as copyrights, moral rights, patents, utility model rights, design rights, trademarks, and publicity rights related to the Services, belong to us and the third party who is the legitimate right holder, and the effect of the Contract does not mean the granting of the use of the intellectual property rights beyond the scope required for the use of the Services.
Article 28 (Indemnification and Limitation of Liability)
1 In case where we are found to have been intentionally or grossly negligent with respect to any damages directly incurred by Customer with respect to the Services, we will indemnify Customer for such damage incurred by Customer up to the total amount of the monthly charges for the latest six (6) months received from Customer for the Services and shall not be liable for any other damages.
2 In the event any Customer breaches the Terms or causes any damage to us or any third party with regard to the use of the Services, Customer shall be required to compensate for such damage at the expense and liability of the Customer.
3 In the event any dispute arises between Customer and a third party in connection with the Services, Customer shall resolve such dispute at its own responsibility and expense, without causing any inconvenience to us and shall indemnify us for such damage (including attorneys' fees).
Article 29 (Delegation)
We shall be entitled to delegate all or part of its operations relating to the Services to a third party.
Article 30 (Information Management)
1 We shall not disclose the Customer Information (excluding personal information) to any third party without the prior consent of Customer. Provided, however, that this provision shall not apply to the following cases:
(1) In the event it is deemed necessary to comply with a request by law or a public organization;
(2) In the event it is necessary for the protection of the life, body, or property of any person and it is difficult to obtain the consent of Customer;
(3) Disclosure of the information of registered Users using the Services to a payment system company, credit company, bank, etc. for the purpose of charging Customer for the usage fee;
(4) Disclosure of the information to trustee or agents as may be required to provide the Services or improve its functionality; or
(5) Shared use to provide collaborative services of us and our affiliates.
2 Despite the provisions of the preceding paragraph, we may collect, analyze and produce the attributes of Customer Information (the "Statistical Data") so that Customer cannot be identified, and use such information for the Services and our other services. In addition, the Statistical Data may be disclosed to a third party.
3 We shall take reasonable and maximum safety measures against such risks as loss, destruction, rodent, and leakage of Customer Information.
4 For the purpose of improving the quality of telephone service, we shall be entitled to record telephone calls with Customer and use the recorded contents in the course of business.
Article 31 (Non-Assignment of Rights and Obligations)
1 Customer shall not assign its rights and obligations under the Contract to any third party (including comprehensive succession due to merger, corporate separation, etc.) or pledge the same as the object of security without the prior written consent of us.
2 In the event we assign the Services or business related to the Services to a third party or transfer the business related to the Services to a third party as a result of merger or company split, we may cause such third party to succeed the status, rights and obligations under the Contract, and the information required to provide the Registration Information, the Customer Information, etc., and other information necessary for the provision of the Services in connection with such assignment, etc. Customer shall agree in advance to such transfer.
Article 32 (Governing Law; Court of Jurisdiction)
1 The Terms and the Contract shall be governed by and construed in accordance with the laws of Japan.
2 In the event of any dispute between Customer and us in connection with the Contract, the Tokyo District Court shall be the exclusive court of jurisdiction in the first instance.
Updated: September 1, 2022
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Updated: January 27, 2020
Effective: June 25, 2019