- Seller: KINCHAKU INC.
- Address: 812-0011 Fukuoka, Hakata Ward, Hakata Ekimae, 1 Chome−11−13, MB Hakata, Office 402
- Representative: Domi Shingu
- Official Website: kinchaku.com
- Phone Number: 050-1809-4495
- Contact Email: help@kinchaku.com
- Support Hours: Weekdays (Monday to Friday) 11:00 to 17:00
- Sale Price: Set per usage plan, separately displayed.
- Additional Required Fees Besides Product Price:
- Consumption tax
- Credit card fees, will be charged separately.
- Shipping: No shipping fees as this is a provision of cloud services.
- Payment Methods: Credit card (payment timing varies by company), bank transfer.
- Delivery Time: Same day after payment confirmation.
- Equipment Needed for Use: Customers must prepare their own computer, internet environment, etc., necessary for service use.
Provision Period and Method of Service: After completion of registration, a login ID and password will be provided to the user. With these credentials, the user can immediately use the service. - Returns: Due to the nature of the service, returns are not accepted.
- Cancellation Terms: Cancellation is possible at any time during the contract period. Service provision ends on the next contract renewal date upon cancellation, and billing will be stopped. Cancellation can be done from each service's settings page. No refunds for mid-term cancellation.
- Operating Environment Supported OS: macOS 10.0~, Windows 10~, Linux Ubuntu 12.04~
Terms of Use
Chapter 1 General Provisions
Article 1 (Application of Terms of Use)
- These Terms of Use define the conditions applicable to the Contractor (defined in Article 2) when using the Service and to our company when providing the Service.
- Our company will provide the Service based on the contract concerning the Service between our company and the Contractor (hereinafter referred to as "this Contract") concluded based on these Terms of Use.
- The Contractor shall use the Service under these Terms of Use.
Article 2 (Definition of Terms)
The definitions of terms in these Terms of Use are as follows:
- "Service" refers to all services provided on this portal page and this homepage by our company based on these Terms of Use.
- "Contractor" refers to a person who concludes this Contract and uses the Service.
- "Contractor Identification Number" refers to a unique number issued to the Contractor at the time of account registration for the Service, which identifies the Contractor.
- "Contractor Content" refers to data, information, and materials including applications, software, data, text, voice, images, and other content provided, registered, or transmitted by the Contractor using the Service.
- "User" refers to an individual or corporation who agrees to the terms specified by our company and is permitted by our company to access or use the Service or Contractor Content.
- "Our company" refers to KINCHAKU Corporation.
- "Effective Date" refers to the date on which our company accepts the Contractor's application under these Terms of Use and this Contract becomes validly concluded between the Contractor and our company.
- "Service Commencement Date" refers to the first day on which the Contractor can access the Service using their Contractor Identification Number or other information, as determined by our company during the registration process.
- "This Portal Page" refers to the web page disclosed exclusively to the Contractor by our company for the Service.
- "This Homepage" refers to the web page published on the Internet by our company for the Service.
- "Username" refers to the string of characters set by the Contractor when registering an account for the Service through this portal page.
- "Optional Services" refers to additional functions available to Contractors who use the monthly or annual plan of the Service, by applying through this portal page in the manner specified by our company.
Chapter 2 Conclusion and Termination of this Contract
Article 3 (Conclusion of this Contract)
- When wishing to use the Service, the Contractor shall apply for a new account registration following the procedures specified by our company after accepting these Terms of Use. Our company is not obliged to accept any request for the use of the Service.
This Contract becomes effective from the Effective Date and remains effective until the day it is terminated by the Contractor or our company according to the conditions of these Terms of Use or the day the provision of the Service ends, whichever comes first. - The period of the Service (hereinafter referred to as "Service Period") for the monthly plan shall be one month from the Service Commencement Date of the monthly plan. It will automatically extend for another month under the same conditions unless terminated by the Contractor or our company according to these Terms of Use. For the annual plan, the Service Period shall be one year from the Service Commencement Date of the annual plan, and it will automatically extend for another year under the same conditions unless terminated by the Contractor or our company according to these Terms of Use.
- If a Contractor using the monthly plan changes to the annual plan during the Service Period of the monthly plan, the Service Period for the annual plan will commence the day after the last day of the Service Period for the respective monthly plan.
Article 4 (Termination of this Contract)
- The Contractor can terminate this Contract at any time and terminate their Service account by notifying our company in the manner specified by our company and following the prescribed procedures. The termination of this Contract shall be effective when the Contractor's cancellation procedures are completed and our company deletes the Contractor's Service account.
- Even if the Contractor terminates this Contract based on the preceding paragraph, the Contractor shall not be exempted from the obligation to pay the usage fee for the current month or year, and our company is not obliged to refund any usage fees received at the point of termination. However, the Contractor can continue using the Service until the end of the Service Period.
- Our company can terminate this Contract without bearing any responsibility by notifying the Contractor at a reasonable time.
- The Contractor or our company can immediately terminate this Contract when the other party falls under any of the following items:
- When the other party fails to perform the obligations under this Contract and still does not perform the obligations within 30 days after being urged to do so (including delay in payment of the usage fee for the Service but not limited to this).
- When the other party suspends normal business activities or there is a reasonable prospect of suspension, or in any jurisdiction, when subjected to seizure, provisional seizure, provisional disposition, auction application, bankruptcy proceedings application, or enters liquidation, or there is a reasonable prospect of undergoing similar procedures.
- When agreed in writing by both parties.
- In other cases where the Contractor or our company reasonably deems it appropriate to terminate the Contract.
- Our company can immediately terminate this Contract by notifying the Contractor when the Contractor falls under any of the following items:
- When the relationship with the third party providing the software or other technologies used to provide the Service ends for any reason, or there is a need to change the method of providing part of the Service using such software or other technologies.
- When complying with local government laws or demands.
- When our company determines that it is impossible to execute the provision of the Service to the Contractor or the provision of the Service to the Contractor due to regulatory reasons.
- In other cases where our company deems it appropriate to terminate the Contract.
- If this Contract is terminated, except in the case provided in paragraph 2 of this Article, the rights of the Contractor to use the Service and access rights under this Contract shall also terminate, and the Contractor shall immediately repay all monetary obligations (including monetary obligations for work to be completed after the termination date) to our company.
- After the termination of this Contract, our company is not obliged to continue providing the Service or hosting and saving the Contractor Content.
- After the termination of this Contract, support, hosting, saving, and other service requirements shall follow the agreement between our company and the Contractor before the termination of this Contract, and the Contractor can use them as long as the Contractor pays our company the usage fee and other payable fees after the termination of the Service.
- However, for Contractor Content provided, registered, or transmitted during the trial period (referring to the period until 72 hours have passed since the account registration for the Service or until the Service Period for the monthly or annual plan commences, whichever is earlier, during which the Contractor can use the Service for free. The same applies hereinafter.), our company shall save it for 90 days after the end of the trial period and can delete it if the Service Period for the monthly or annual plan does not commence within 90 days after the end of the trial period.
Chapter 3 Provision of Services
Article 5 (Maintenance and Interruption)
- The Service is provided 24 hours a day, 365 days a year, excluding the time for maintenance and periods when the provision of the Service is interrupted based on paragraph 4 of this Article.
- Our company can temporarily interrupt the provision of the Service to conduct planned maintenance (hereinafter referred to as "Planned Maintenance"). In this case, our company shall make reasonable efforts to notify the Contractor of the Planned Maintenance 14 days in advance through this homepage, this portal page, or Email.
- Our company can temporarily interrupt the Service to maintain the Service or eliminate security risks including attacks or fraudulent acts on our company's environment (hereinafter referred to as "Emergency Maintenance"). If the Contractor is affected by Emergency Maintenance, our company shall make reasonable efforts to notify the Contractor of the Emergency Maintenance as soon as possible after its execution.
- Our company can immediately and without prior notice temporarily interrupt the entire or part of the Service when falling under any of the following items:
- When the use of the Service by the Contractor (including access to the Service by third parties using the Contractor's Contractor Identification Number or other information) creates or is likely to create a security risk to the Service or third parties, when such use is fraudulent, or when such use incurs some responsibility to our company.
- When the Contractor or a third party using the Contractor's Contractor Identification Number or other information violates the Contract (including breaches of assurances in paragraph 8, item 1, or item 2 of Article 15) or there is a breach.
- When the Contractor suspends normal business activities or there is a reasonable prospect of suspension, or in any jurisdiction, when undergoing bankruptcy, liquidation, dissolution, or similar procedures (until the situation is resolved in a manner our company recognizes).
- In other cases when our company deems interruption necessary.
- If the reasons in each item of paragraph 4 are not sufficiently and immediately resolved, our company can immediately terminate the temporarily interrupted Service and also terminate this Contract. Even during the period of temporary interruption of the Service, the Contractor's obligation to pay the usage fee continues.
- Our company shall not bear any responsibility for damages incurred by the Contractor or User as a result of measures taken by our company based on this Article.
Article 6 (Support)
- Our company shall, at its discretion, respond to questions regarding the specifications, operating methods, and performance of the Service.
- Our company is not obliged to provide support not specified in these Terms of Use or other regulations. Also, our company is not obliged to respond to questions regarding services and software individually introduced by the Contractor, software used in combination with the Service, or the internal structure of our company's environment. The Contractor shall bear responsibility for their own applications (including web applications and other applications created by the Contractor using the Service and source code created by the Contractor concerning the use of the Service) and APIs, information processing devices, information recording devices, etc., used by the Contractor or User to use the Service, and our company is not obliged to provide technical support for these.
Article 7 (Intellectual Property)
- All patents, utility model rights, design rights, copyrights, know-how, and all other intellectual property rights and data of experimental tests and other records provided concerning the Service belong to our company. Unless otherwise specified or expressly restricted by laws, regulations, etc., the Contractor cannot reproduce, adapt, publicly transmit (including making transmission possible), modify, reverse engineer (including decompiling, disassembling, and analyzing undisclosed internal structures), etc., the software and content, etc.
- In these Terms of Use and other regulations, when policies, rules, or restrictions applicable to the method of using the Service and the method of constructing web or applications that operate on the Service or use the Service are specified, the Contractor must comply with them.
- When the Contractor uses their own software in the Service, the Contractor shall obtain the necessary rights and licenses to use such software in the Service at their own responsibility. Rights to Contractor Content shall not be transferred from the Contractor to our company under this Contract.
Article 8 (Data Management)
- The Contractor shall back up and save their own data including Contractor Content and other data provided, registered, or transmitted using the Service at their own responsibility. The Contractor agrees that our company shall not bear any responsibility for any loss, damage, or other damages related to the Contractor Content and other data, regardless of the circumstances.
- After the termination of this Contract or the Service Period, if the Contractor Content data exists in our company's environment, our company can delete it at our company's discretion without bearing any responsibility. However, if our company and the Contractor explicitly agreed on the support and applicable conditions to be provided by our company to the Contractor after such termination before the termination, it shall follow the agreed content.
Article 9 (Prohibited Acts)
The Contractor shall not engage in the following acts when using the Service:
- Using the Service for purposes other than those entered on the application screen for the Service.
- Allowing a third party to use the Service without the prior written consent of our company (including the act of a User who is an individual allowing a corporation or other corporation to which the User belongs to use the Service).
- Infringing on the copyright, trademark rights, and other intellectual property rights of our company or a third party or acts that may infringe on them.
- Infringing on the life, body, property, privacy, or portrait rights of our company or a third party or acts that may infringe on them.
- Discriminating against, defaming, insulting, or disparaging our company or a third party, promoting discrimination against our company or a third party, or damaging the honor or credit of our company or a third party, or acts that may do so.
- Acts that lead to crimes or are highly likely to lead to crimes, such as fraud, abuse of controlled substances, child prostitution, illegal buying and selling of bank accounts and mobile phones, etc.
- Transmitting or posting obscene, child pornography, or child abuse images, documents, etc.
- Establishing a pyramid scheme or soliciting participation in it.
- Altering or deleting information that can be used through the Service
- Transmitting or posting harmful computer programs, etc.
- After installation, performing acts of unauthorized access to server facilities, network equipment, and other facilities (including those installed by Users, hereinafter referred to as "Server Facilities") that Users can directly operate in the Service, or to our company's router equipment, infrastructure facilities, line facilities, power facilities, and other facilities used by our company to provide the Service (excluding Server Facilities) (hereinafter referred to as "Telecommunications Facilities, etc.").
- Performing acts that interfere or may interfere with the use or operation of facilities of our company or a third party or Server Facilities or Telecommunications Facilities, etc.
- Using the Service in a manner or manner that interferes with or may interfere with a third party's communication.
- Performing acts that obstruct or may obstruct the provision of our company's Service.
- Posting information that is cruel, such as the scene of a murder, images of animal abuse, and other information that significantly repels others or may do so, or transmitting it to an unspecified number of people.
- Inducing or soliciting suicide.
- Posting information that leads to crimes or illegal acts, information that unfairly defames, insults, or invades the privacy of others, or information that may do so on a web page for an unspecified number of people.
- Performing acts that significantly trouble other Contractors, Users, or other third parties, acts that are not socially acceptable, or acts that may do so.
- Acts contrary to public order and morals or acts that may do so.
- Acts that violate laws or acts that may do so.
- Linking with the purpose or manner of promoting acts that fall under any of the preceding items, knowing that such acts fall under any of the preceding items.
- Engaging in acts for profit through the Service or preparing for such acts
- Other acts that our company deems inappropriate as a Contractor of the Service.
- Our company can delete all or part of the information or computer programs, etc., transmitted or posted by the Contractor or User in the Service without prior notice to the Contractor or User if our company determines that such acts violate the preceding paragraph or may violate it.
- Our company shall not bear any responsibility for damages incurred by the Contractor or User as a result of measures taken by our company based on this paragraph.
Article 10 (Contractor's Responsibility)
- The Contractor shall be responsible for the use and management of the Contractor Identification Number, Username, and password, etc., and our company shall not bear any responsibility for damages incurred by the Contractor due to their use by a third party. In addition, the usage fee incurred by the third party's use shall be borne entirely by the Contractor, and the Contractor shall immediately notify our company if the Contractor Identification Number, Username, and password, etc., are lost, stolen, leaked, or if there is a case or suspicion of unauthorized use of the Service by a third party or actual unauthorized use.
- The Contractor shall bear all responsibility related to all data provided or transmitted by the Contractor using the Service, including Contractor Content. If our company incurs damages related to the Contractor Content or data provided or transmitted by the Contractor using the Service, the Contractor shall compensate our company for such damages.
- The Contractor acknowledges and agrees that our company does not guarantee the integrity, completeness, or accuracy of the Service.
Article 11 (Contractor Content)
Our company can analyze, duplicate, and otherwise use (including licensing to third parties and all other uses) the nature, amount, etc., of Contractor Content and all data provided or transmitted by the Contractor using the Service if necessary for the operation of the Service, for audits, for administrative or criminal investigations, or in other cases our company deems reasonable.
Article 12 (Information Security)
- Our company shall take prescribed information security protective measures against our company's environment. Our company's responsibility concerning information security is limited to maintaining these information security protective measures. All facilities used to store and process Contractor Content within our company's environment shall comply with reasonable security standards at least equivalent to those facilities our company uses to process and store similar information of its own.
- Our company does not guarantee that no information security issues will arise concerning our company's environment. The Contractor may be required to comply with government regulations or take security measures beyond those prescribed in these Terms of Use and other regulations concerning software included in Contractor Content. In such cases, the Contractor must first take additional required security measures and certify that they have taken such measures before providing, registering, or transmitting such Content.
- The Contractor acknowledges that there may be known or unknown security vulnerabilities in the hardware or software that operates in our company's environment.
- The Contractor shall take appropriate security and protection measures for Contractor Content at their own responsibility, including the use of encryption technology to protect Contractor Content from unauthorized access.
- The Contractor shall, at their discretion and responsibility, apply corrective software provided by licensors or other third parties and take necessary measures to mitigate potential vulnerabilities concerning software that can be accessed or used in connection with the Service.
- If the Contractor suspects that there has been an attack or fraudulent act by a third party on our company's environment, the Contractor shall immediately notify our company and cooperate with our company within the necessary scope for countermeasures against such attacks or fraudulent acts.
- Our company shall make reasonable efforts to mitigate vulnerabilities in our company's environment if vulnerabilities exist.
- Contractor Content will be hosted and accessed using virtual servers that can be connected in the region agreed upon in writing between the parties when mapping data flows.
- By accessing the Service, the Contractor agrees and understands the following items:
- Our company can install an intrusion detection system (hereinafter referred to as "IDS") on our company's facilities, etc., provided for the Service or used for the Service to detect communication attempting unauthorized intrusion into our company's facilities, etc., communication attempting destruction of our company's facilities, etc., or communication attempting to disable the Service, etc. (hereinafter collectively referred to as "Hostile Communication").
- Our company can check the content of communication between our company's facilities and the outside and communication using our company's facilities to determine whether the communication is Hostile Communication through the IDS.
- Our company can aggregate and analyze records of Hostile Communication obtained through the IDS, create statistical materials, and use and process them limitedly for improving the safety of the Service, our company's environment, and our company's products and services.
- Our company can publish the statistical materials created, anonymized to the extent that the Contractor and the degree of vulnerability of their data are not identified, for the purpose of research, development, improvement, enlightenment of information security, or other purposes.
Article 13 (Confidential Information)
- The Contractor and the Company shall treat all information not publicly disclosed by the other party (hereinafter referred to as "Confidential Information") as confidential, maintain its secrecy, and use it solely for the purpose of accessing and providing or using the Service. Furthermore, the Contractor and the Company shall not disclose or leak Confidential Information to anyone other than their own officers, employees, subcontractors, and other representatives who need to know the Confidential Information in order to perform their obligations under this Agreement.
- Notwithstanding the provisions of the preceding paragraph, the Contractor and the Company may disclose Confidential Information to the extent necessary in accordance with laws, court orders, or orders from supervisory agencies or other public institutions with authority over the Company or the Contractor.
- Upon request from the other party or upon termination of this Agreement, the Contractor and the Company shall return, destroy, or erase the Confidential Information to the other party in a technically and economically feasible manner after consultation. However, the recipient of Confidential Information is not obligated to return, destroy, or erase the following:
- Items that are difficult to specify and erase.
- Duplicates of computer records or files containing Confidential Information resulting from automatic backup procedures
Confidential Information required to be retained by laws, government, or regulatory authorities, or documents and other information based on such Confidential Information that cannot be returned, destroyed, or erased, shall continue to be subject to the confidentiality obligations under this Agreement.
- This article does not exempt the Contractor from the responsibility to recover Contractor Content at the end of the Agreement.
Chapter 4 Usage Fees
Article 14 (Payment and Usage Fees)
- The period for which payment for the usage fees of the Service (excluding the fees for optional services, hereinafter the same in this paragraph and the next) is due shall be monthly for the monthly plan, starting from the service start date of the monthly plan, and annually for the annual plan, starting from the service start date of the annual plan. The usage fees for the Service shall be as posted on the homepage.
- The Contractor shall pay the Company the usage fees for the current month or year, including the equivalent amount of consumption tax, by credit card payment to the Company by the last day of the previous service period (for the first month or year’s usage fees after transitioning from a trial period to a monthly or annual plan, by a date separately designated by the Company). If the payment due date falls on a financial institution's holiday, the payment due date shall be the preceding business day.
- The Contractor shall pay the Company the usage fees for optional services as separately determined by the Company under separately determined conditions.
- If the Contractor fails to fulfill any monetary obligations arising under this Agreement, the Contractor shall pay the Company a late payment fee calculated at an annual rate of 14.6% from the day following the payment due date until the day of full payment.
Chapter 5 Miscellaneous
Article 15 (General Provisions)
1. Posting of Terms
Our Company shall post the latest terms and conditions on the homepage or the portal page.
2. Notifications
All notifications under these terms and conditions shall be made via postings on the homepage or the portal page, or by email. Notifications made via the homepage or portal site are effective from the time of posting. Notifications by email are effective from the time of sending unless otherwise stated in the email. It is the Contractor's responsibility to ensure that their email address is operational, and emails sent to the email address associated with the Contractor's identification number are deemed received by the Contractor at the time of sending by the Company.
3. Changes to the Service
The Company may change the content of the Service or terminate the provision of the Service at its discretion. If a change to the Service is significant and decreases the functionality or security of the Service, or if the Company terminates the provision of the Service, the Company shall notify the Contractor in advance. If the Company terminates all of the services provided or if a change to the Service adversely affects the Contractor, the Company shall notify the Contractor of such changes or the termination of the Service on the homepage or the portal page, or by email, etc., at least one month in advance. However, this does not apply in cases of compliance with laws or other unavoidable circumstances. The Company is not liable for any damages incurred by the Contractor or users due to changes or termination of the Service.
4. Amendment of the Agreement
Due to the large number and variety of applications for the Service, the Company may amend these terms and conditions as necessary. Changes to the terms will take effect 14 days after posting on the homepage or notification to the Contractor by email (or immediately, if required by applicable law). The Contractor agrees to be bound by the amended terms and conditions if they continue to access or use the Service after such posting or notification.
5. Assignment
- The Contractor may not assign, transfer, re-license, or delegate any part or all of the functions of the Service or rights and obligations under these terms and conditions to any third party without explicit written agreement with the Company. However, the Company's right to receive payments and the sale of the business including the Service by the Company are not restricted.
- The Company may assign its receivables from the Contractor to a third party designated by the Company without prior consent from the Contractor in case of default.
6. Warranty and Disclaimer
- Except as expressly stated in these terms and conditions, the Company makes no warranties or representations, expressed or implied, regarding the provision of the Service, including but not limited to, suitability for a specific purpose, effectiveness of functions and effects, quality of service, safety against threats, merchantability, completeness, accuracy, identity or consistency of replicated or transferred data, non-infringement of third-party rights, normal operation of equipment and facilities provided to users based on the Service, and constant provision of the Service.
- The Company is not liable for any disadvantages or damages incurred by the Contractor or users in using the Service. Even if the Company is liable for damages to the Contractor, the liability of the Company, except in cases of intentional or gross negligence, shall be limited to direct ordinary damages caused by breaches of obligations or torts attributable to the Company, up to the amount paid by the Contractor for the use of the Service or 1,000 yen, whichever is higher.
- Notwithstanding the previous paragraph, the Company is not liable for any delays in performance or inability to perform all or part of the Service due to natural disasters, war, other force majeure events, or reasons not attributable to the Company. In case of disputes arising between third parties (domestic or foreign) and the Company or the Contractor or users due to the use of the Service, the Contractor or user shall resolve the disputes at their own expense and responsibility, and the Company shall not be liable.
7. Handling of Personal Information
- The Company shall handle information obtained in relation to this Agreement, including personal information as defined by the Personal Information Protection Law or other identifiable information or anonymized information under the same law (hereinafter referred to as "Personal Information, etc."), in accordance with the Company's privacy policy and comply with laws.
- When providing information containing Personal Information, etc., the Contractor shall clearly indicate this to the Company and warrant and represent that all of the following facts are accurate and true.
- The Contractor has legitimate authority to acquire and provide such Personal Information, etc., to the Company under the Personal Information Protection Law and other applicable laws.
- The Contractor complies with the Personal Information Protection Law and other applicable laws.
- If the Contractor receives information containing Personal Information, etc., from the Company, the Contractor shall, at their own expense and responsibility, take all necessary procedures for compliance with the Personal Information Protection Law and other applicable laws and shall not use such Personal Information, etc., for purposes other than the use of the Service.
- If the Contractor causes loss, damage, or leakage (hereinafter referred to as "Leakage, etc.") of Personal Information, etc., provided by the Company, or if it is determined that there is a possibility of occurrence, or if it is used for purposes other than the use of the Service, the Contractor shall immediately report the occurrence date, cause, content, and other matters to the Company.
- In the event described in the preceding paragraph, the Contractor shall resolve the issue at their own expense and responsibility with the user, and the Company shall not be liable.
- If the Contractor causes Leakage, etc., of Personal Information, etc., or uses it for purposes other than the use of the Service due to reasons attributable to the Contractor, resulting in damage to the Company, users, or other third parties, the Contractor shall be liable for compensation for such damages.
8. Exclusion of Antisocial Forces
- The Company and the Contractor represent and warrant that they do not currently, and will not in the future, fall under any of the categories listed from paragraph 2 to paragraph 6 below, as of the effective date:
- Being a member of organized crime groups, organized crime group members, persons who have not been organized crime group members for less than five years, quasi-members of organized crime groups, related individuals or companies of organized crime groups, corporate extortionists (sokaiya), social movement or political racketeering groups (shakai undo etc. hyobo goro), special intelligence violent groups, or other similar individuals (hereinafter collectively referred to as "Antisocial Forces").
- Having a relationship that is recognized as being under the substantial control or involvement in the management by Antisocial Forces.
- Having a relationship that is recognized as improperly using Antisocial Forces for the purpose of gaining unjust profit for oneself or a third party or causing damage to a third party.
- Having a relationship that is recognized as providing funds or benefits to Antisocial Forces.
- Having a socially reprehensible relationship with Antisocial Forces.
- The Company and the Contractor pledge not to engage in fraud, violence, threatening behavior, acts of making demands beyond legal responsibility, acts of damaging the credit or obstructing the business of the other party or related parties, or any other similar acts, either by themselves or through the use of users or third parties.
- If the Company or the Contractor determines that the other party has violated any of the provisions from paragraph 1 to paragraph 7, they may terminate this Agreement immediately without any notice or demand.
- The Company or the Contractor may request an explanation or submission of documents from the other party if it is deemed that the other party falls under the category of Antisocial Forces, and the other party must promptly respond. If the other party does not promptly respond, or if it is determined that the other party has not responded sincerely, such as by providing false explanations or submitting false documents, the Company or the Contractor may immediately terminate this Agreement without any notice or demand.
- The Company or the Contractor shall not be liable for any damages incurred by the other party due to termination based on this article.
9. Disclosure
The Company may disclose the Contractor's company name, usage examples, usage status, in whole or in part, on the Company's website, portal site, social networking services, broadcasting, publishing, or other media within the scope necessary for the purpose of publicizing, advertising, and promoting the Company's Service or usage achievements, and the Contractor agrees in advance to such disclosure.
10. Dispute Resolution
In the event of a dispute or an unaddressed matter related to this Agreement, the Company and the Contractor shall resolve it in good faith through consultation.
11. Agreed Jurisdiction
For all disputes arising from or related to this Agreement, the Fukuoka District Court or the Fukuoka Summary Court shall be the exclusive agreed court of first instance.
12. Governing Law
The formation, effect, interpretation, and performance of this Agreement shall be governed by the laws of Japan.
13. Subcontracting
The Company may subcontract all or part of the work related to the Service to a third party at its own responsibility. The Contractor may allow the subcontractor to use the Service within the scope of the subcontracting, provided that the Contractor does not permit the subcontractor to use the Contractor's identification number and username. The Contractor guarantees that the subcontractor will comply with this Agreement and is liable for any acts or omissions by the subcontractor related to the use of the Service.
14. Survival Provision
The termination of this Agreement does not affect the provisions of this Agreement that reasonably need to continue or are intended to continue.
15. Third-Party Beneficiaries
Unless otherwise specified, this Agreement and these terms and conditions do not confer any rights or benefits on third parties.
16. Enforceability
If any provision of these terms and conditions is determined to be illegal, invalid, or unenforceable, in whole or in part, the other provisions and the remaining parts of the provisions deemed invalid or unenforceable shall continue to have full force and effect.
17. Entire Agreement
This Agreement represents all legal and contractual relationships related to the Service between the parties and supersedes any previous representations, promises, transactions, discussions, or understandings regarding the subject matter of these terms and conditions and this Agreement, unless there is fraudulent misrepresentation. Each party acknowledges that they are not relying on any conditions other than those stipulated in these terms and conditions. No waiver of any rights or authority under this Agreement shall be deemed to have been waived unless in writing and signed by the representative with the authority to waive on behalf of the waiving party.
18. Interpretation
The terms "including," "in particular," "for example," or similar expressions are used to illustrate and do not limit the meaning of the terms preceding such expressions.
This document is a translation of the original version written in Japanese. In the event of any discrepancies, the Japanese version shall take precedence and hold priority.
- Enacted on September 1, 2018
- Revised on November 25, 2021
- Revised on June 6, 2023