Chapter 1: General Provisions
Article 1 (Applicability of Terms)
DirectCloud Co., Ltd. (hereinafter 'the Company') establishes these DirectCloud Terms of Service (hereinafter 'these Terms') and provides services related to DirectCloud (hereinafter 'the Service') to subscribers pursuant to these Terms.
Article 2 (Definitions)
The following terms used in these Terms shall be defined as follows:
- 1. 'DirectCloud' refers to the collective name for the following services (including future revisions, improvements, and newly added service types and names):
- ・DirectCloud
- 2. 'The System' refers to the server equipment and network equipment that the Company licenses to subscribers for use in connection with the Service under these Terms.
- 3. 'The Site' refers to the website operated by the Company on the internet for subscribers to use the Service.
- 4. 'The Software' refers to software that must be downloaded to use certain features of the Service. Unless otherwise specified, the Service includes the Software.
- 5. 'Subscriber' refers to a person who has concluded a service usage agreement (hereinafter 'Service Usage Agreement') with the Company under these Terms.
- 6. 'User' refers to a person who has registered as a user according to procedures prescribed by the Company, based on the Service Usage Agreement between the subscriber and the Company, and is authorized to use the Service.
- 7. 'Trial Period' refers to the period during which persons who have applied for and been permitted to use the Service for verification purposes according to the Company's prescribed procedures may use the Service free of charge.
- 8. 'Free Plan' refers to a usage type in which the Service is used free of charge (excluding use during the Trial Period).
- 9. 'Free Plan User' refers to a third party among 'Users' whom a Free Plan subscriber has permitted to use the Service under these Terms.
Article 3 (Scope of Terms)
- 1. These Terms shall apply to all contractual relationships between subscribers and the Company regarding the Service.
- 2. Various regulations, notices, and guidelines established by the Company for the smooth operation of the Service shall constitute part of these Terms.
Chapter 2: Service Content and Fees
Article 4 (Matters Outside the Scope of the Service)
- 1. The following matters are outside the scope of the Service and shall be handled at the subscriber's own judgment and responsibility; the Company shall bear no responsibility whatsoever:
- (1) Computer devices, communication equipment, communication lines, other network equipment, and content management not covered by the System that are necessary for using the Service.
- (2) Recovery in the event of service interruptions or failures caused by the following:
- a. Interruptions or failures attributable to the equipment described in the preceding item.
- b. Interruptions or failures attributable to improper use of the Service by subscribers or users, or other causes attributable to subscribers or users.
- c. Interruptions or failures attributable to intentional acts or negligence of third parties.
- d. Interruptions or failures attributable to causes beyond the control of both subscribers and the Company, such as power outages, fires, earthquakes, and labor disputes.
- (3) Matters not explicitly stated as the Company's responsibility in the Service Specifications, in addition to the foregoing items.
- 2. If subscribers request the Company to provide services related to the matters described in the preceding items, the parties shall separately consult on the provision conditions and implement them only after reaching a written agreement.
- 3. If implementation of the following actions is necessary due to the matters in each item of paragraph 1, or at the subscriber's request, the costs shall be borne by the subscriber, and the Company shall notify the subscriber in advance:
- (1) Changes to the scope and functional specifications of the System.
- (2) Changes to maintenance and operation contents related to the System.
Article 5 (New Applications and Contract Modification Procedures for the Service)
- 1. Applications to use the Service shall be made by completing the required information on the application screen of the Service website operated by the Company and clicking [Agree], or by completing the required information on the Company's designated application form, signing and sealing it, and submitting it to the Company.
- 2. The Service Usage Agreement shall be established when the Company accepts the application described in the preceding paragraph. However, the Company may not accept applications in the following cases:
- (1) When the prescribed procedures of the Company are not followed.
- (2) When the Company judges that operational or technical problems arise or are likely to arise in providing the Service.
- (3) When the Company otherwise judges the application to be inappropriate.
- 3. Subscribers must immediately notify the Company of any changes to the content of the application form submitted pursuant to paragraph 1.
- 4. Plan changes during the contract period at the subscriber's request shall be governed by the following:
- (1) Applications to change from the current plan to a higher plan shall be made by submitting the Company's prescribed application form. The Company aims to complete contract modification procedures within 5 business days of application.
- (2) Changes from the current plan to a lower plan and partial cancellation of options shall only be accepted during the contract renewal month. Mid-term changes outside the renewal month shall not be accepted.
Article 6 (Service Usage Fees)
The usage fees for the Service (hereinafter 'Usage Fees') shall be the total of the monthly basic fee and option fees for the Service separately prescribed by the Company, plus consumption tax. However, Usage Fees shall not be charged for the Free Plan or for use during the Trial Period specified at the time of concluding the Service Usage Agreement.
Article 7 (Contract Period)
The effective period of the Service Usage Agreement shall be 12 months from the commencement of service use for all plans except the Free Plan and use during the Trial Period specified at the time of concluding the Service Usage Agreement. Unless the subscriber gives notice of cancellation, the agreement shall be automatically renewed for one year under the same conditions, and so forth thereafter. The Free Plan usage agreement shall continue from when a user applies according to the Company's designated method and the Company approves and the service commences, until the Free Plan user submits a cancellation application by the Company's designated method.
Article 8 (Billing and Payment of Usage Fees)
- 1. Payment methods for Usage Fees shall be either: monthly payment, where fees for the period from the 1st to the last day of each month are paid by the last day of the following month; or annual lump-sum payment, where one year's Usage Fees are paid in advance.
- 2. Subscribers may select one of the payment methods described in the preceding paragraph and shall pay the billed amount by the Company's designated method after the Company issues an invoice. All costs related to bank transfer fees and similar charges shall be borne by the subscriber.
- 3. If a subscriber fails to pay Usage Fees after the payment deadline, the subscriber shall pay late payment damages at an annual rate of 3% from the day following the payment deadline until payment is completed.
- 4. Subscribers shall agree in advance that Usage Fees once paid shall not be refunded for any reason.
- 5. Subscribers are responsible for providing complete and accurate payment information and contact details to the Company.
Article 9 (Changes to Service Content)
The Company may change the System specifications, Service content, Usage Fees, and other service content as necessary for the purpose of Service improvement. When such changes occur (excluding cases where Service content or functions are added while maintaining the same Usage Fees, or cases where Usage Fees are reduced while maintaining the same Service content), the Company shall promptly notify subscribers by the methods specified in Article 25.
Article 10 (Support)
- 1. The Company shall provide support for the Service to subscribers according to their contract plan, excluding Free Plan subscribers and those using the Service during the Trial Period specified at the time of concluding the Service Usage Agreement. Support details for each contract plan shall be described at the following
URL: https://help.directcloud.jp/s/inquiry
- 2. Before receiving Company support, subscribers shall make reasonable efforts on their own to resolve issues requiring support.
Chapter 3: Subscriber Responsibilities
Article 11 (Account Management Responsibilities)
- 1. The Company shall assign administrator IDs and passwords (hereinafter 'IDs etc.') necessary for accessing the Site to subscribers. Subscribers must not disclose or provide these to third parties other than the subscriber's employees.
- 2. Subscribers shall manage IDs etc. at their own responsibility. The Company shall bear no responsibility for any damages incurred by subscribers due to leakage, usage errors, or unauthorized use by third parties, except in cases of the Company's intentional misconduct or gross negligence.
- 3. If the Company suffers damages due to leakage of IDs etc., usage errors, or unauthorized use by third parties, subscribers shall be liable to compensate such damages.
Article 12 (Usage Restrictions for the Service)
- 1. Subscribers must not, themselves or through users, distribute the following information using the Service:
- (1) Information that violates public order and morals, such as obscenity, gambling, or violence, and information likely to do so.
- (2) Information that induces criminal acts and information likely to do so.
- (3) Information that constitutes unfair competition and information likely to do so.
- (4) Information that infringes on others' copyrights or other rights and information likely to do so.
- (5) Information that infringes on others' privacy and information likely to do so.
- (6) Information that damages or defames others' reputation or credit and information likely to do so.
- (7) Information that promotes discrimination based on gender, ethnicity, race, etc., and information likely to do so.
- (8) Information containing harmful programs and information likely to do so.
- (9) Information for purposes other than legitimate communication, such as junk mail, spam mail, and chain mail, and information likely to do so.
- (10) Information that interferes with the operation of the Service or the Company's business and information likely to do so.
- (11) Information that violates laws and regulations and information likely to do so.
- (12) Information contracted for distribution from third parties (except with the Company's permission).
- (13) Other information that the Company judges to be inappropriate.
- 2. If the Company judges that subscribers or users are likely to violate the provisions of the preceding paragraph, or in other cases where the Company judges that there is a risk of impeding the proper operation of the Service, the Company may view information distributed or scheduled to be distributed by subscribers or users.
- 3. If the Company judges that subscribers or users have violated the provisions of paragraph 1, the Company may request correction within a specified period. If the subscriber does not correct within this period, the Company may immediately suspend the provision of the Service to that subscriber. Even if the Service Usage Agreement terminates before the end of the month as a result, the subscriber must pay the monthly Usage Fee for that month.
- 4. When subscribers exceed data transfer volume limits or storage capacity limits, the Company shall notify subscribers in advance to encourage improvement. However, if there is no indication of improvement after notification, the Company may suspend all or part of the Service functions to maintain proper operation. The upper limit of downloadable data transfer volume available to subscribers shall be equal to the contracted disk capacity.
- 5. When Free Plan subscribers exceed storage capacity limits, the Company may suspend all Service functions for those subscribers.
Article 13 (Responsibilities for Service Use)
- 1. Information (content) provided or transmitted by subscribers etc. using the Service is provided at the responsibility of subscribers etc. The Company makes no warranties regarding its content and bears no responsibility for damages arising therefrom.
- 2. If third parties make claims or demands for damages against the Company in connection with subscribers' or users' use of the Service, subscribers shall respond to and resolve such issues, and if the Company suffers damages (including reasonable attorney's fees for responding to such claims) attributable to those claims, subscribers shall be liable to compensate the Company for such damages.
- 3. Management and backup of source data or processed data used in the Service shall be entirely at the responsibility of subscribers and users. The Company bears no responsibility for data loss or other incidents caused by software bugs or equipment failures in the Service.
- 4. Subscribers shall ensure users comply with these Terms in connection with the use of the Service. Subscribers shall also be directly liable to the Company for all acts by themselves or users that could cause system failures.
- 5. The Company may restrict or temporarily suspend the provision of the Service for maintenance of telecommunications equipment, by notifying subscribers as far as possible at least one week in advance through posting on the website or by other methods designated by the Company.
- 6. If data related to or stored and used by subscribers within the System's storage is lost, damaged, leaked, or used for purposes other than its original purpose due to the subscriber's intentional act or negligence without the Company's knowledge, the Company shall bear no responsibility whatsoever for any damages incurred by subscribers or third parties, regardless of the cause.
Article 14 (Provision of API)
- 1. The Company may provide APIs for building servers, providing services, or managing on the Company's network environment to subscribers under certain service plans only.
- 2. Copyrights and intellectual property rights related to APIs shall belong to the Company. Subscribers may not use APIs for purposes other than those stated in the preceding paragraph without prior consent from the Company.
- 3. The Company makes no warranties regarding APIs that they are free from defects, fit for specific purposes, do not infringe third-party rights, or will be provided continuously. Decisions regarding the use of APIs shall be made at subscribers' own responsibility, and the Company bears no responsibility for any damages, including loss or damage of data, suspension of server equipment, or any other damages arising from the use of APIs.
Article 15 (Quality Assurance Program)
- 1. The Company shall apply the Quality Assurance Program (SLA) specified in this Article to certain services prescribed by the Company, excluding the Free Plan and use during the Trial Period specified at the time of concluding the Service Usage Agreement.
- 2. If server operation rates fall below the Company's guaranteed values due to causes attributable to the Company, the Company shall reduce a portion of the subscriber's monthly Usage Fees. Conditions for reduction are as follows:
- (1) When the subscriber notifies the Company of the occurrence of a failure and the Company confirms the failure.
- (2) When the Company confirms the failure and notifies the subscriber.
- 3. This Article shall not apply if the cause of server downtime falls under any of the following, or if the subscriber cancels the contract:
- (1) When a failure occurs on the line connecting to the Company's network.
- (2) When a failure occurs attributable to equipment outside the Company's management.
- (3) When the Company performs maintenance work.
- (4) When the interruption is a function of the Service (server restart associated with failover).
- (5) When a failure occurs due to natural disasters, spread of disease, or third-party interference.
- (6) When a failure occurs due to acts violating obligations under the Terms.
- 4. The Quality Assurance Program specified in this Article constitutes the entirety of the Company's responsibility for damages incurred by subscribers through use of the Service. The Company bears no responsibility beyond what is specified in this Article for server downtime, data loss, damage, leakage, or other damages related to the Service.
- 5. Reduction applications by subscribers shall be completed only when the 'DirectCloud Service Quality Assurance Program Reduction Application Form' is mailed to the Company by the 20th of the month following the restoration of the System, and the Company confirms no issues with the application content. The Company shall not accept reduction applications that are not completed within this period.
Article 16 (Contract Cancellation by Subscriber)
When subscribers cancel the Service Usage Agreement, the following shall apply:
- (1) Regardless of whether usage fees are paid monthly or annually in a lump sum, cancellation applications must be submitted to the Company by the 25th of the month preceding the expiration date (hereinafter 'Cancellation Application Deadline'). If received through the Company's prescribed procedures by the Cancellation Application Deadline, the service usage agreement shall be terminated at the end of the following month. If submitted after the Cancellation Application Deadline, the contract shall be terminated at the end of the month after next. In such cases, the subscriber shall pay monthly fees through the month following the month of the cancellation application.
- (2) If subscribers cancel the contract mid-term during the effective period of the Service Usage Agreement (after commencement or renewal, at a point before the expiration of the contract period), subscribers shall pay the Company in a lump sum the monthly Usage Fees corresponding to the remaining period.
- (3) When the subscriber expresses intent to cancel the Service Usage Agreement, the Company may deem that the subscriber has also expressed intent to cancel all option service agreements associated with the Service Usage Agreement.
Chapter 4: Information Handling
Article 17 (Confidentiality)
- 1. Subscribers or users and the Company shall use confidential business, technical, and other operational information of the other party obtained through use or provision of the Service (including the content of the Service Usage Agreement and service specifications) only for the provision and use of the Service, and shall not disclose or leak to third parties without the consent of that party. However, if disclosure is required by law or by courts, police, government agencies, or other public institutions, disclosure shall be made after providing prior written notice.
- 2. The following information shall not constitute confidential information to be maintained under this Article:
- (1) Information already in the public domain, and information that becomes public domain after the subscriber's use of the Service through no fault of the subscriber or users and the Company.
- (2) Information that subscribers or users and the Company already possessed before obtaining it through use or provision of the Service.
- (3) Information independently developed or discovered by subscribers or users and the Company without relying on information obtained through the Service.
- (4) Information lawfully obtained by subscribers or users and the Company from third parties having legitimate rights without bearing confidentiality obligations.
- 3. The provisions of this Article shall remain in effect after the termination of the Service Usage Agreement.
Article 18 (Information Handling)
- 1. The Company shall implement necessary and appropriate security management measures for personal information and other information collected from subscribers or users through their use of the Service, in accordance with the Company's separately established personal information handling policy.
- 2. Regarding data stored by subscribers in the Service, subscribers shall manage such data at their own responsibility, and the Company shall not review, check, or disclose such data to third parties. However, exceptions apply in the following cases:
- (1) When disclosure is requested pursuant to laws or regulations, or by judicial, administrative, or other regulatory bodies.
- (2) When there is an urgent need to protect the life, health, or property of subscribers or the public.
- (3) When technically necessary to the minimum extent necessary for responding to security incidents, fulfilling legal obligations, or investigating and restoring major failures in the Service. 'Security incidents' refers to information security incidents as defined by ISO/IEC 27001, and 'major failures' refers to failures involving service-wide outages or risk of data loss.
- 3. The Company shall not claim intellectual property or other rights over data (text, images, videos, and other various files) stored by subscribers or users in the Service.
- 4. Operation logs generated during use of the Service shall be strictly managed on the administrator page. The Company shall not use such operation logs beyond the purposes specified in these Terms.
- 5. For the purpose of evaluating and improving Service functions, the Company shall record information about subscribers' use of the Service (hereinafter 'Usage Information'). Usage Information shall be used solely for the Company's own service improvement and statistical analysis purposes as statistical information or information processed so as not to identify individuals or companies. The Company shall not acquire or analyze the content of files uploaded by subscribers or users, nor shall it provide Usage Information to third parties. However, if subscribers or users use DirectCloud AI or other features that analyze file content and explicitly designate such files as analysis targets, the Company may process the file content to the extent necessary for providing such features.
- 6. Specific information included in Usage Information is as follows:
- (1) Usage status of each Service function (operation logs)
- (2) Process information that accessed the application
- (3) Statistical information such as number of registered users, number of guests, and number of logins
- 7. When subscribers apply for contracts through agents, the Company may provide the subscriber's contract information, user information, etc. to such agents as follows:
- (1) Information provided to agents: All contract information and user information (excluding sensitive personal information) of subscribers, unless subscribers specifically request otherwise.
- (2) Method of providing information to agents: By paper, electronic data transmission, delivery in external storage media format, or server access.
- (3) Stopping information provision under this paragraph: When subscribers themselves request the Company to stop providing information to agents under this paragraph, the Company shall, pursuant to applicable laws, promptly stop providing personal data identifying subscribers to agents.
- 8. The Company has obtained certification for ISO/IEC 27001 (Information Security Management System) and ISO/IEC 27017 (Information Security Controls for Cloud Services) within the certification scope separately published or presented by the Company, and implements information security management measures based on such certifications and these standards. Details such as certification scope, certification body, and validity period can be confirmed on the Company's website or materials separately presented by the Company. Access to subscriber data in the Service is limited to specific personnel authorized based on business necessity, and records of access are maintained.
Article 19 (System Administrator Duties)
- 1. Subscribers shall designate a system administrator for matters relating to the use of the Service and notify the Company in writing. The same applies when changing the system administrator.
- 2. The system administrator specified in the preceding paragraph shall perform the following:
- (1) Sending and receiving notices between subscribers and the Company regarding the Service, and necessary consultations.
- (2) Necessary instructions to relevant parties within the subscriber's organization for appropriate use of the Service.
- (3) Maintenance of facilities and equipment within the subscriber's organization for appropriate operation of the Service.
- (4) Matters separately agreed upon between subscribers and the Company, in addition to the foregoing items.
Article 20 (Attribution of Intellectual Property Rights)
- 1. All copyrights, industrial property rights, intellectual property rights, and other rights relating to all programs, software, services, procedures, trademarks, trade names, etc. constituting the System and the implementation environment of the Service belong to the Company or other legitimate rights holders and are not transferred to subscribers or users. Except as specifically provided in the Service Usage Agreement, they are not licensed to subscribers or users.
- 2. Subscribers shall handle the System and the Service as follows:
- (1) Not to use for purposes other than the use of the Service.
- (2) Not to reproduce, modify, or edit, and not to perform reverse engineering, decompilation, or disassembly.
- (3) Not to lend, transfer, or pledge to third parties, regardless of whether for profit.
- 3. The provisions of this Article shall remain in effect after the termination of the Service Usage Agreement.
Article 21 (Company's Restriction or Temporary Suspension of Service and Contract Cancellation)
- 1. The Company may restrict use of the Service, immediately suspend all or part of the Service without prior notice, or cancel the Service Usage Agreement if subscribers fall under any of the following:
- (1) When the subscriber's own issued bills or checks are dishonored, when applications for attachment, provisional attachment, provisional disposition, or auction have been filed, or when delinquent tax collection has been imposed; when bankruptcy proceedings, corporate reorganization proceedings, or civil rehabilitation proceedings have been filed, or when the subscriber has entered liquidation; when the subscriber has dissolved or attempts to transfer all or a material part of its business to a third party; or when there are reasonable grounds to believe that the subscriber's financial condition has deteriorated or is likely to deteriorate.
- (2) When the subscriber impedes others' use of the Service through excessive access beyond normal usage, interferes with the operation of the Service, or damages the Company's reputation or credit.
- (3) When there are false statements or omissions in the usage application form, usage change application form, or other notification contents.
- (4) When the subscriber receives a disposition revoking or suspending a business license approved by a supervisory authority.
- (5) When circumstances arise that make it difficult to comply with the Service Usage Agreement.
- (6) When these Terms are violated.
- (7) When the subscriber fails to pay Usage Fees for 30 days.
- (8) For Free Plan subscribers, when no login or other usage activity prescribed by the Company can be confirmed for 120 consecutive days or more.
- (9) When it is found that a Free Plan subscriber is an individual.
- 2. In any of the following cases, the Company may notify subscribers in advance, or in urgent cases after the fact, and temporarily suspend all or part of the Service:
- (1) When regular or emergency maintenance inspections of the System are performed.
- (2) When failures occur in the System.
- (3) When provision of the Service becomes difficult due to power outages, fires, earthquakes, labor disputes, or other causes not attributable to the Company.
- (4) When provision of the Service becomes difficult for operational or technical reasons related to the System, in addition to the foregoing items.
- 3. If all or part of the System is destroyed or damaged by natural disasters or other force majeure, making use of the System impossible and restoration is not anticipated, the Company may notify subscribers and cancel the Service Usage Agreement.
- 4. The Company may abolish the entire Service and cancel the Service Usage Agreement by notifying subscribers at least 90 days in advance, regardless of reason. However, this period may be shortened when there are unavoidable circumstances.
- 5. If subscribers violate the Service Usage Agreement and such violation is not corrected within 30 days after the Company's request for correction, the Company may cancel the agreement. Additionally, if the subscriber's violation is recognized as significantly impeding the Company's business operations, the Company may cancel the agreement without prior notice.
- 6. If a contract is cancelled pursuant to the preceding paragraph, subscribers shall lose the benefit of time for all debts owed to the Company related to their use, and shall immediately pay the full amount to the Company. In addition, subscribers shall immediately pay the Company an amount equivalent to the monthly Usage Fees for the remaining period until the expiration of the cancelled contract's effective period.
- 7. Even if the Service is temporarily suspended or a contract is cancelled pursuant to the provisions of this Article, the Company shall bear no responsibility to subscribers or any other party, except as otherwise specifically provided in these Terms.
Article 22 (Non-Involvement with Anti-Social Forces)
- 1. Subscribers and the Company represent and warrant that they currently do not fall under any of the following items (1) through (8), and pledge that they will not fall under any of them in the future:
- (1) Being an organized crime group, organized crime group-related company, corporate racketeer, social movement advocate gangster, special intelligence violent group, or their members or equivalent persons (hereinafter collectively 'organized crime groups etc.'), or being a person who has not yet been 5 years since ceasing to be an organized crime group etc.
- (2) Having a relationship recognized as organized crime groups etc. controlling management.
- (3) Having a relationship recognized as organized crime groups etc. being substantially involved in management.
- (4) Using or being used by organized crime groups etc.
- (5) Providing funds or conveniences to organized crime groups etc.
- (6) Having other situations where involvement with organized crime groups etc. is reasonably suspected.
- (7) Having a history of conduct by oneself or through a third party that could cause related parties to recognize that oneself or related parties are organized crime groups etc.
- (8) Having other situations where involvement with organized crime groups etc. is reasonably suspected by third-party organizations.
- 2. If it becomes apparent that a subscriber falls under any of the items of the preceding paragraph, the Company may cancel all or part of the contract without any notice. In such cases, the Company shall bear no liability for damages to subscribers arising from such cancellation, while being entitled to claim compensation for damages suffered by the Company.
- 3. 'Subscribers' in paragraphs 1 and 2 include not only the legal entity but also directors, auditors, and other officers, as well as shareholders who have substantial influence on business continuity.
Article 23 (Processing Upon Service Termination)
- 1. When the Service Usage Agreement terminates for any reason, whether by expiration, mutual agreement, cancellation under Article 16 or 22, or otherwise, subscribers shall not use the Service in any way and must immediately return or destroy all items provided by the Company (including Service specification documents for the Service).
- 2. The Company may delete all registered data etc. 60 days after the termination of the Service Usage Agreement.
- 3. Notwithstanding the provisions of the preceding paragraph, if a Free Plan contract is cancelled, the Company may immediately delete all registered data etc. after such cancellation.
- 4. The Company bears no responsibility for any damages incurred by subscribers due to deletion of data etc. pursuant to the preceding paragraph.
- 5. All debts owed by subscribers to the Company shall not be extinguished until such debts are fulfilled, even after the termination of the Service Usage Agreement (regardless of the reason for termination, whether expiration, cancellation, etc.).
Article 24 (Damages)
- 1. If subscribers violate the Service Usage Agreement and cause damages to the Company, subscribers shall be liable to compensate for such damages.
- 2. If subscribers cause damages to third parties through their use of the Service, or if claims are made by third parties, subscribers shall resolve such matters at their own responsibility, except in cases attributable to the Company, and shall not cause the Company to bear any responsibility.
- 3. Except as otherwise specifically provided in these Terms, and except in cases of the Company's intentional misconduct or gross negligence, the Company shall bear no responsibility to subscribers or any other party for results arising from use of the Service, regardless of the cause, whether System defects or failures, third-party intrusion into the System, business disputes, or otherwise.
- 4. When the Company bears liability for damages to subscribers, the cumulative total of compensation borne by the Company shall be limited to the total of the subscriber's Usage Fees paid to the Company for the most recent 6 months (or the total Usage Fees paid to the Company if less than 6 months). However, the Company shall only compensate for direct and actual damages incurred by subscribers.
- 5. Notwithstanding the provisions of this Article, the Company shall bear no responsibility whatsoever to Free Plan subscribers under any circumstances.
Article 25 (Notifications)
- 1. Notifications between subscribers and the Company under these Terms shall be made by the following methods or other methods designated by the Company:
- (1) By sending an email to the email address previously designated in writing by the recipient. Email notifications shall be deemed complete when the email has been properly delivered to the server managing the recipient's email address and the recipient has received it.
- (2) By posting messages on the top screen of the administrator functions provided to subscribers by the Company.
Article 26 (Recontracting)
Even if subscribers conclude a new contract again after the termination of the Service Usage Agreement at their request, the Company makes no warranties whatsoever regarding the restoration or continued use of data etc. from when the subscriber previously used the Service.
Article 27 (Restrictions on Assignment of Rights and Obligations)
Subscribers must not lend, assign, or pledge all or part of their rights or obligations under the Service Usage Agreement to third parties without prior written consent from the Company.
Article 28 (Dispute Resolution)
- 1. If disputes arise regarding matters not specified in the Service Usage Agreement or these Terms, both parties shall negotiate in good faith to reach an amicable resolution.
- 2. The governing law for the Service Usage Agreement and these Terms shall be the laws of Japan.
- 3. For disputes arising between subscribers and the Company in connection with the Service Usage Agreement or these Terms, the Summary Court or District Court having jurisdiction over the location of the Company's head office or branch offices shall be the court of exclusive agreed jurisdiction for the first instance.
Article 29 (Other Terms)
- 1. In case of any conflict between the Japanese version and other language versions of these Terms, the Japanese version shall prevail.
- 2. When these Terms are revised, subscribers shall be notified pursuant to Article 25.
- January 17, 2023 — Revised
- March 1, 2023 — Revised
- June 22, 2026 — Revised