The User Terms of Use

The User Terms of Use specify with respect to the use of the Services provided by us and are the same as those included in the Terms of Use already agreed upon by the Customer.

Chapter 1 General Provisions

•(Rules)

These User Terms of Use (the “User Terms”) shall apply to the relationship between us and Customer (describe below) in connection with the use of Qasee Services (the "the Services") provided by us. “We, “our” and “us” described in the User Terms of Use refers to Qasee, Inc. We and Customer hereby agree that the User Terms shall form the binding of the agreement concerning the use of the Services (the "Contract").

•(Definitions)

In the User Terms, the terms listed in each of the following items shall have the meaning set forth in each item.
(1) CustomerIt means any corporation, organization, partnership, or individual who has agreed to the User Terms and entered into the User Terms with us.
(2) AdministratorIt 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.
(3) User
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 Operation Administrator may specify Users within the number of persons separately specified by us.
(4) WebsiteIt 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.
(5) SoftwareIt means the applications and software created and published by us to provide the Services, including updates, amendments, substitutes, and copies.
(6) User InformationIt means the information stored on the servers managed by us for the purpose of the Services, communication records, and any other information of User, including but not limited to login, application information and web search information provided by User through the Services.

•(Changes to the User Terms)

1 We may change the contents of the User Terms at any time without the prior consent of Customer.
2 In the event that we change the contents of the User Terms and notifies User of such changes in accordance with the provisions of the User Terms, and the Services is used on or after the date specified in the notice, the User Terms as amended shall be deemed to have agreed to the User Terms and the revised Agreement shall apply to such changes. In the event any User fails to follow the procedures for termination within the period of time specified in the notice, such User shall be deemed to have consented to the User Terms as amended.

•(Notice)

1 In the event we notify User 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 Precautions for Use of the Services

•(Personal Information)

•We will receive personal information included in the Customer Information disclosed by the Customer based on entrustment by the Customer.
•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.
•We shall handle the personal information entrusted by Customer in accordance with the Privacy Policy separately prescribed and shall not use, process, copy or reproduce the same beyond the scope of the purpose of the entrustment.
•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.

•(UserID)

1 User shall, at its own risk, strictly control the User ID and the User password (the "User ID, etc.") specified for each User, and shall be responsible for any and all acts conducted using the above.
2 User shall not allow any person other than User to use the Services.

•(Synchronization Function)

1 User 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 User 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. User shall verify the accuracy, completeness, etc. of the data acquired by using the synchronization function in the synchronized target service as appropriate.
4 User 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 User 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.

•(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 User shall also verify the accuracy or completeness of the data, etc., acquired in cooperation with the Third-party Services at the collaborating website.
2 User 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 User 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 User and the operator of the Third-party Services.

•(Backup)

1 We shall not be liable for any damage or disadvantage to User caused by the absence of any backup data.
2 We may record User Information as a backup. Provided, however, that the restoration of User Information shall not be guaranteed.

•(Prohibited Acts)User 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.

Chapter 3 Termination and Withdraw

•(Termination by us)

1 In the event that Customer or User 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 User .
(1) In the event of any act in breach of the User 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 User 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 or User is inappropriate as a Customer or User of the Services.
2 In the event Customer or User 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 User.
3 In the event any Customer or User is subject to a disciplinary action to withdraw from membership pursuant to the provisions of Paragraph 1, we may delete such Customer or User Information.

Chapter 4 Suspension, Change and Termination of the Services

•(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 that Customer fails to pay the usage fee;
(2) 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.:
(3) 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;
(4) 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.);
(5) When the synchronizable service becomes unavailable due to the situation of the synchronizable service;
(6) When the provision of the Services becomes difficult due to laws and regulations, administrative orders, etc.; or
(7) If we determine that there is a possibility of unauthorized use of Customer ID or User ID
(8) 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 User due to the suspension of the Services pursuant to the preceding paragraph.

•(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 User due to the addition or modification of the Services pursuant to the preceding paragraph.

•(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 User. 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 User due to the discontinuation or termination of the Services pursuant to the provisions of the preceding paragraph.

Chapter 5 Provision of the Software

•(License)

We hereby grant to User who downloads the Software for the Services the non-exclusive license to use of the Software subject to the User Terms.

•(Prohibitions on the Software)

User 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 10:
(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.

•(Restriction on Use)

1 In the event of any of the following, we may limit the use of the Software by User 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 User 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 User.

Chapter 6 General Provisions

•(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 User Information has the accuracy, validity, usefulness, completeness, or otherwise. User shall use the User Information after making changes, revisions, etc., as necessary at their own discretion and responsibility.

•(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.

•(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 User for the Services and shall not be liable for any other damages.
2 In the event any User breaches the User Terms or causes any damage to us or any third party with regard to the use of the Services, User shall be required to compensate for such damage at the expense and liability of the User.
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).

•(Delegation)

We shall be entitled to delegate all or part of its operations relating to the Services to a third party.

•(Information Management)

1 We shall not disclose the User Information (excluding personal information) to any third party without the prior consent of User. 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 or User;
(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 User Information created by Customer (the "Statistical Data") so that no one can 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 User formation.
4 For the purpose of improving the quality of telephone service, we shall be entitled to record telephone calls with User and use the recorded contents in the course of business.

•(Non-Assignment of Rights and Obligations)

1 User 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 User Information, etc., and other information necessary for the provision of the Services in connection with such assignment, etc. User shall agree in advance to such transfer.
•(Governing Law; Court of Jurisdiction) 1 The User 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.

Change History

3rd Edition　Updated: April 20, 2022
2nd Edition　Updated: December 18, 2020
1st Edition　Effective: September 14, 2020

Japanese

3rd Edition　Updated: April 20, 2022
2nd Edition　Updated: December 18, 2020
1st Edition　Effective: September 14, 2020