Term of use for our web application services
I.T. Infusion Co., Ltd. (hereinafter referred to as "the Company") will accept your company (hereinafter referred to as the "Usage ) agrees as follows in accordance with the Application Service Terms of Use (hereinafter referred to as the "Terms").
This agreement shall apply to the Company for the use of this service by accepting the contents of this agreement and using the application method specified by I.T. Infusion Co., Ltd. (hereinafter referred to as "our company"). (hereinafter referred to as "user") and our company.
Article 1 (Application for use of this service)
1. Based on this agreement, the "Services" for which the Company grants users the right to use them shall be provided by the Company through an ASP (Application Service Provider) method.
2. When the Company approves the application by the user in the preceding paragraph, the Company shall notify the user's contact information (address or e-mail address) stated in the application form to that effect. A usage contract between the Company and the user shall be established at the time when the Company sends such notice (notice means the notice specified in Article 6, Paragraph 1).
3. When using each Service, in addition to these Terms, if there are separate provisions for each Service, the individual provisions will apply.
Article 2 (Usage License)
1. The right to use the Service granted by the Company to the User under these Terms is non-transferable, non-sublicensable, and non-exclusive. In addition, the user cannot set a security interest for the right to use this service. 2. The User must use the Service and all materials provided to the User in connection with the provision of the Service with the care of a good manager.
Article 3 (Changes to Terms)
The Terms may be revised at any time by the Company notifying the User's contact information and posting the revised Terms on the website of the Service. If you use the Service after such changes, we will assume that you have agreed to the changes.
Article 4 (Non-guarantee)
The user shall determine the reliability, accuracy, legality, non-infringement of the rights of a third party, suitability for a specific purpose, usefulness, etc. of the content of the service, and use the service. You must use it at your own risk. We do not provide any guarantees regarding these.
Article 5 (Prohibitions)
1. The User shall not perform any of the acts prescribed in the following items.
(1) Developing or selling services similar to or similar to the Services, or acts similar to these
(2) Acts that violate laws and regulations or are contrary to public order and morals
(3) Acts that lead to fraud or other crimes
(4) Acts that infringe intellectual property rights such as copyrights, trademark rights, or other rights of the Company or a third party
(5) Acts that infringe on the portrait rights and privacy of third parties
(6) Actions that impede or impede the property, telecommunications lines, or other facilities of the Company or a third party, or actions that interfere with the use of facilities of the Company or a third party, or the operation and maintenance of business.
(7) Impersonating a third party to use the Service, or to transmit or display information;
(8) Acts of falsifying or erasing the contents of the Service or information that can be used by the Service;
(9) Acts that discriminate against or slander third parties, or damage their honor or credibility
(10) Sending or posting images, documents, etc. that are obscene, child pornography, or child abuse;
(11) Acts of establishing or soliciting an infinite chain of events
(12) Acts of transmitting or posting harmful computer programs such as viruses
(13) Acts of sending advertising, publicity or solicitation emails to third parties without permission, or acts of sending emails that make third parties feel disgusted (harassment emails)
(14) Other acts that cause disadvantage to the Company or a third party
(15) Acts that may fall under any of the preceding items or acts that use the Service for purposes or methods that may fall under any of the preceding items
(16) Acts of assigning, having a third party accept, or providing as collateral all or part of the rights and obligations arising from the status of the use contract and the use contract
2. If the User commits any of the acts listed in the preceding paragraph, the User must immediately notify the Company and take measures in accordance with the Company's instructions.
3. Regarding the use of the Service, if the User engages in any of the acts listed in the items of Paragraph 1, the Company may temporarily suspend the provision of all or part of the Service without prior notice to the User. We may suspend or delete the data accumulated in our server through the use of this service by the user (hereinafter referred to as "this data"). (The subject of deletion includes, but is not limited to, information related to acts that fall under each item of Paragraph 1.)
Article 6 (Management of ID and Password)
After the conclusion of the usage contract, the Company will notify the user of the login ID and password for the Service, and promptly set up the system environment so that the user can use the Service.
1. Based on the preceding paragraph, the user must manage the ID and password issued by the company at the user's responsibility so that they are not known to third parties.
2. The Company shall not be held responsible for any damage caused by accidents caused by reasons not attributable to the Company, or unauthorized use of IDs and passwords by users or third parties, or other accidents.
3. IDs and passwords are provided only for use by users, and such IDs and passwords cannot be provided to third parties without the consent of the Company.
Article 7 (Handling of data)
1. The Company may freely use the Data as statistical data, as long as it does not contain information that identifies the User. 2. The user must acquire a backup of the data at his/her own responsibility. The Company shall not be liable for any damages (including damages due to the loss of the Data) caused by the User not obtaining a backup of the Data. 3. The Company shall be able to delete the Data without the consent of the User upon termination of the Service Agreement. 4. The handling of personal information of users is subject to the privacy policy separately established by the Company.
Article 8 (Usage Fee and Payment Method)
1. The User shall pay the Company the amount described in each of the following items as consideration for using the Service (hereinafter referred to as the "Service Usage Fee"). The specific amount shall be as stated in the application form (or our application web page).
(1) Initial setup fee: Refers to the fee for setting up the environment performed by the Company so that the Service can be used.
(2) Monthly Fee: Refers to the usage fee that is incurred every month as consideration for using the Service.
(3) Other optional fees: Refers to fees determined by the Company as compensation for using the Service other than the preceding two items.
2. The user shall pay the service usage fee for the current month by transferring it to the bank account designated by the Company by the end of the following month. Please note that the transfer fee will be borne by the customer. However, if the Company and the user enter into a separate contract regarding payment methods, the provisions of such contract shall apply.
3. If the user does not pay the service usage fee after the prescribed payment date, the user shall pay the amount calculated at an annual interest rate of 14.6% for the number of days from the day after the prescribed payment date to the actual payment date. shall be paid as delay damages together with the service usage fee and other obligations by the method specified by the Company.
4. Even if the usage start date and usage end date of the Service are in the middle of the month, the monthly fee will not be calculated on a per diem basis.
Article 9 (Suspension of the Service)
1. When the user falls under any of the following items, or when the Company determines that there is a risk of falling under any of the following items, the Company will suspend the provision of all or part of the Service. I accept that there are cases.
(1) When it is necessary to inspect, repair, or update the data of servers, software, etc. necessary for the operation of the Service.
(2) When there are unavoidable circumstances such as equipment failure
2. The Company may suspend the provision of all or part of the Service without notice or demand to the User.
Article 10 (Suspension of the Service)
If the Company determines that the User falls under any of the items of Article 14, Paragraph 1, the Company may suspend the provision of all or part of the Service without notice or demand to the User. shall be
Article 11 (Abolition of the Service)
The Company may discontinue all or part of the Service by notifying the User at least one month in advance.
Article 12 (Disclaimer)
1. The Company shall not be liable for any damages incurred by the User due to the suspension, suspension or abolition of the Service pursuant to the preceding three articles. In addition, the Company shall not be liable for any delay or inability to perform all or part of these Terms due to natural disasters, wars, riots, civil strife, strikes, industrial action, or other force majeure.
2. In any case where the Company is liable for damages to the user under these Terms, the scope of damages that the Company should compensate the user shall be limited to the direct and normal damages actually incurred by the user due to the actions of the Company. This shall be limited to damages, and shall be limited to the total amount of service usage fees actually received by the Company from users in the most recent year.
3. Except for what is expressly stipulated in these Terms, the Company shall not be liable for any damages arising from the provision of the Service to the User or a third party or the use of the Service by the User.
4. The specifications of the Service are "Facebook" and "Instagram" operated by Facebook, Inc., "Twitter" operated by Twitter, Inc., LINE operated by LINE Corporation, LINE @ (hereinafter referred to as SNS service), TikTok Pte Ltd. is operated by Tiktok.Information is obtained in accordance with the specifications of the API, or information that is publicly disclosed by the operator. Errors due to malfunctions etc. will be corrected as soon as possible. However, we do not guarantee any loss of opportunity due to this.
5. If the continuation of the Service becomes permanently difficult due to changes in the specifications of Instagram or Twitter services and APIs, suspension of usage rights, or consolidation, the Service will be discontinued with notice to users. If the usage contract period remains at the time of termination of the service, we will not charge the monthly fee for the month following the termination. If the monthly fee for the month following the month of service discontinuation has already been paid to the Company, the balance of the monthly fee for the month after the month of discontinuation shall be refunded by transfer to the account designated by the user by the end of the second month after the month of discontinuation. increase. In addition, when terminating the Service, the Company will not be held responsible for any corrections made to the service provider (website, app, digital signage, etc.), or for the introduction or introduction of services with alternative functions.
Article 13 (Ownership of Intellectual Property Rights)
1. The copyright and any other rights related to the Service belong to the Company or a third party who has granted a license to the Company, and these rights shall not be transferred to the User. In addition, the user shall not use the company's trade name, trademark/mark and logo mark without the prior written consent of the company. 2. The user shall copy, provide, transfer, distribute, lend, transmit, modify, translate, reverse engineer, reverse compile, disassemble, and other intellectual property rights of the Company related to the Service shall not perform any act that infringes on
Article 14 (Cancellation)
1. If the user or our company falls under any of the following items, the other party may cancel the whole or part of the service contract in the future only by giving notice without any demand. We assume that we can.
(1) When the other party violates this agreement and does not correct it despite receiving a notice from the other party with a reasonable period of time.
(2) When the business is suspended or the business license or business registration is canceled by the supervisory authority
(3) When there is a petition for seizure, provisional seizure, provisional disposition, compulsory execution, auction as execution of security interest, bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, etc., or other circumstances that significantly damage credibility. when there was
(4) Dissolution (excluding cases due to merger), liquidation commencement, or transfer of all (including substantially all) of the business to a third party
(5) When a clearing house is dishonored, or when payment is suspended or insolvent, etc.
(6) When violating laws and ordinances
(7) When it is found to fall under anti-social forces or have a relationship with anti-social forces
(8) When it turns out that there is a falsehood or error in the application form regarding the user. However, for the avoidance of doubt, only the Company shall have the right to cancel under this item.
(9) When the other party determines that there is a risk of falling under any of the preceding items, or when there are other reasonable grounds to recognize that the performance of the obligation is difficult
2. If the Company or the user falls under any of the items in the preceding paragraph, the other party may claim compensation for damages suffered as a result, regardless of whether the contract has been canceled.
3. If the usage contract is canceled, the user shall lose the benefit of time and must immediately repay the debt to the Company.
Article 15 (Confidentiality)
1. The Company and the user shall not disclose information disclosed by the other party after clearly indicating that it is confidential (hereinafter referred to as "confidential information") to a third party without the prior written consent of the other party. shall not be used or reproduced beyond the extent necessary for the performance of the usage contract. In addition, when either party discloses confidential information only orally, it shall clearly indicate that it is confidential at the time of disclosure, and within 30 days after disclosure, together with the content of such information, You must send a document or e-mail stating that it is applicable to the other party.
2. Notwithstanding the provisions of the preceding paragraph, the following information shall not be classified as confidential information.
(1) Information that was publicly known at the time of disclosure or provision by the other party
(2) Information already owned by the other party at the time of disclosure or provision by the other party
(3) Information that becomes publicly known after being disclosed or provided by the other party without due to its own breach of contract, omission, negligence, negligence, etc.
(4) Information independently developed without relying on any information disclosed or provided by the other party
(5) Information lawfully disclosed by a third party without any confidentiality obligation
3. Notwithstanding the provisions of Paragraph 1, the Company and the User shall, for the performance of the Service Agreement, either themselves or their affiliated companies that need to know Confidential Information In addition, the term "company submitting financial statements" in the relevant provisions of the regulations shall be read as our company or users). Confidential information disclosed by the other party may be disclosed to members, lawyers, tax accountants, certified public accountants, and other professionals who are obliged to keep confidential under laws and regulations. In addition, when the Company provides all or part of the services provided by a third party as the Service, or when subcontracting the work related to the provision of the Service to a third party, the Company will fulfill the usage contract. We shall be able to disclose the confidential information of the user to the third party to the extent necessary for the purpose.
4. In accordance with the provisions of laws and regulations, if the disclosure of confidential information is requested by a court or other public institution, the Company and the user may disclose confidential information to the extent necessary to comply with such request. We assume that we can. In this case, the Company and the user shall promptly notify the other party of the receipt of such request, and shall take necessary measures to protect the other party's confidential information as much as possible. The same shall apply when disclosure or disclosure of confidential information is requested based on the rules of the financial instruments exchange. In addition, if the Company or an affiliated company of the user receives such a request, the affiliated company may comply with the request, provided that the party that owns the affiliated company takes the measures prescribed in this paragraph. will do.
5. Upon termination of the Service Agreement or upon request from the other party, the Company and the user shall immediately return the confidential information to the other party, or destroy or delete it according to the other party's instructions.
6. The confidentiality obligation under this article shall continue for three years after the termination of the usage contract.
7. If a separate confidentiality agreement (regardless of the name of the agreement) has been concluded between the Company and the user regarding the use of the Service, the provisions of the said confidentiality agreement shall take precedence over the provisions of this article. shall apply.
Article 16 (Compensation for damages)
If the Company incurs damages due to a user violating these Terms, the user must compensate for all damages and costs (including lost profits and attorneys' fees).
Article 17 (Exclusion of Antisocial Forces)
1. The Company shall not be liable if the user, the user's agent regarding the establishment of this agreement, or the person who mediated the conclusion of this agreement is an anti-social force, etc. The same shall apply hereinafter), the Terms may be terminated immediately in the future by notifying the User in writing without requiring a demand. will do.
2. The Company shall not be liable if a party to a contract (hereinafter referred to as “Related Contract”) concluded by the User in relation to this Agreement, an agent of a party to a Related Contract relating to the conclusion of a Related Contract, or a person who mediated the conclusion of a Related Contract If it turns out that it is a social force, etc., the user may be asked to cancel the relevant contract or take other necessary measures.
3. If the user refuses to take the necessary measures based on the preceding paragraph without justifiable reason, the Company will immediately terminate the Terms by notifying the user in writing without any demand. shall be able to cancel.
4. Except for the cases stipulated in the preceding paragraphs, the Company shall not be liable for the fact that the user's director, auditor, employee or other member, shareholder, business partner, advisor or other advisor is an anti-social force, etc., or that the user In the event that it is found that the company has some kind of interaction or involvement with antisocial forces, such as cooperation or involvement in the maintenance, operation, or management of antisocial forces, etc. through funding or other means, we will issue a notice requesting dissolution. If this is not resolved within a reasonable period of time after receipt by the user, this agreement can be canceled immediately in the future by notifying the user in writing.
5. The Company, which has terminated this Agreement based on this section, shall not be liable for any damages incurred by the User due to such termination.
Article 18 (Period of Use)
1. The period of use of this service shall be as stated in the application form.
2. Notwithstanding the provisions of the preceding paragraph, if the User or the Company does not make a request pursuant to the provisions of the Company that the User or the Company will not renew the usage contract one month before the expiration of the period, the period of use of the Service will be as indicated in the application form. It shall be automatically extended for the same period as the stated period, and the same shall apply thereafter. However, if a different provision is made in the application form, the entry in the application form shall prevail.
3. By paying the service fee for the remaining period of use of the service and submitting a document specified by the company, the user will receive the document on the last day of the following month It is possible to cancel the usage contract.
Article 19 (Obligations of the User after Termination of the Use Contract
In the event of termination of the Service Agreement (regardless of the reason), the User shall take the measures specified in the individual regulations or the measures instructed by the Company in any manner at any time. If no such response has been made after the day following the termination date, the User shall be deemed to have continued to use the Service. In this case, the user must pay the service usage fee equivalent to the period until such correspondence is made.
Article 20 (Discussion Matters)
The User and the Company shall cooperate with each other in fulfilling the Service Agreement, and shall discuss and resolve any matters not stipulated in the Terms and any doubts arising therein in good faith.
Article 21 (Agency)
1. A third party designated by the Company as a sales agent of the Company (hereinafter referred to as the "Sales Agent") may propose the Service to the User and accept the User's application. In this case, the distributor may bill the user for the usage fee on behalf of the Company.
2. In the event that a sales agent is unable to perform the Company's sales agent business normally, the Company may change into a sales agent and perform acts such as billing usage fees, and users shall agree to this.
Article 22 (Confirmation of Applicable Laws)
Among the matters stipulated in these Terms, those that are prohibited or invalid under the laws and regulations applicable to transactions between the Company and users based on these Terms shall not be effective, and the Company and Users shall: Transactions shall be conducted in accordance with the provisions of laws and regulations. In addition, if it is possible to construct a contract that does not violate laws and regulations by modifying the content of such provisions, the Company and the user shall comply with such provisions to the extent permitted by law ( conditions) shall be amended and survived.
Article 23 (Survival Clause)
Articles 7, 12, 13, 15, 16, 19 and 24 of this Agreement and the User's obligations under this Agreement, regardless of the end of the period of use of the Service Terms shall survive.
Article 24 (Governing Law and Jurisdiction)
This Agreement shall be governed by the laws of Japan, and the Tokyo District Court shall be the exclusive jurisdictional court of first instance for any dispute arising from or related to this Agreement.
- July 1st, 2018 released.
- June 1st, 2023 updated.
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For Customers and Authorized Users who use Workspaces established for Customers in Japan:
I.T.Infusion Inc.
1-19-1 Hiroo, Shibuya
Tokyo 150-0012
JAPAN