Re:Earth Cloud Service Terms of Service
If there are any differences between this and the Japanese, the Japanese text is the legal definition.
Article 1 (Purpose of this Agreement)
Article 2 (Definition of Terms)
In this Agreement, the following terms shall have the following meanings.
Terms of Service: A contract for the provision of the Service between the Company and the Subscriber based on these Terms of Service.
Applicant: A corporation, institution, etc. applying for provision of the Service toThe company.
Subscriber: A corporation, institution, etc. that concludes a Service Agreement with the Company and receives provision of the Service.
User: A person who uses the Service with the Subscriber's approval.
User ID: A code used to identify a user designated by the Subscriber.
The Company shall provide the Service in accordance with the contents of the Service Agreement, and the Subscriber shall use the Service under the terms and conditions specified in the Service Agreement and by the Company.
The details of the Service shall be described in the User Guidelines and other documents. Exhibit A shall constitute a part of the User Agreement.
Article 4 (Modification of this Agreement)
This Agreement may be changed at any time without the prior consent of the Subscriber. The terms and conditions of service after the Terms of Service have been changed shall be in accordance with the new Terms of Service after the change.
When making changes as described in the preceding paragraph, the Company shall notify the Subscriber or display on the Service the contents of the new Terms of Service after the changes are made with a notice period of at least 14 days. However, if the Company deems the change to be minor and not particularly detrimental to the subscriber, no notice will be given.
Article 5 (Application for Subscription Agreement)
Notwithstanding the provisions of the preceding paragraph, in the following cases, the Company may not accept the application for the subscription agreement or may withhold its acceptance.
When the applicant does not exist.
When there is a false entry or omission in the application form (form) prescribed by the Company.
In the event that the applicant has been late in paying for the Service or has attempted to fraudulently evade payment for the Service in the past.
When the purpose of use of the Service is different from the original purpose, such as evaluation, analysis, etc.
If the applicant or its representative or officer falls under the category of antisocial forces (meaning organized crime groups, organized crime groups members, etc.) or is likely to fall under such category.
When there are other reasonable grounds for the Company to deem the application inappropriate.
If the Company does not accept the application for a subscription agreement or withholds its acceptance in accordance with the preceding paragraph, the Company shall notify the applicant (subscriber) to that effect. However,The company will not be liable for refusing to accept or withholding acceptance.
Article 6 (Term of Usage Contract)
The term of the Subscriber Agreement shall be one year from the date of commencement of use of the Service (the date of acceptance of the application for commencement of use by the Company or the date agreed upon between the Company and the Subscriber).
If the subscriber does not apply for cancellation to the Company by the method designated by the Company at least one month prior to the expiration date of the subscription agreement, the subscription agreement shall be renewed for one year with the same content and conditions, with the day following the expiration date of the subscription agreement as the contract renewal date, and the same shall apply thereafter.
Article 7 (Scope of Service)
This Service provides an environment in which the Subscriber can use the Service by connecting to a server designated byThe company via a telecommunications line from a terminal device managed by the Subscriber (a smartphone, mobile phone, PC, etc.; hereinafter referred to as "Terminal Device") under conditions designated byThe company.
The Subscriber may obtain the software for smartphone terminals necessary for use of the Service through an application delivery service provided by a third party (hereinafter referred to as "Delivery Service").
This Company shall not be held responsible even if the Subscriber is unable to obtain the software for smartphone terminals due to discontinuation or suspension of all or part of the Delivery Service due to a malfunction or other reasons.
Article 8 (Restriction of Use)
The Service is provided for the Subscriber's own business use, and may not be used for commercial purposes (such as providing services, etc. to a third party, whether paid or free of charge).
The Subscriber's use of the Service shall be made by connecting to the URL designated by the Company from a terminal device, and the Subscriber may not obtain the software comprising the Service by downloading or copying the software itself, except for applications for the terminal device.
The Subscriber may not use the Service from multiple terminal devices at the same time using the same user ID.
The Subscriber may allow the Service to be used only by the Subscriber's officers or employees (including those who are engaged in the duties of the Subscriber within the business execution area of the Subscriber). The Subscriber may not allow other third parties to use the Service.
The Subscriber may not have more than the number of people using the account issued to it.
Article 9 (Changes to the Service)
The Company may, at its discretion, add or change any part of the Service for the purpose of adding or improving the functionality of the Service. However, there is no guarantee that all functions and performance of the Service prior to the change will be maintained as a result of such additions or changes.
Article 10 (Service Level)
The Companys will use commercially reasonable efforts to provide the Service in a manner that meets the standards set forth in the User Guide.
Unless otherwise stated, the service levels in the User Guide set forth the Company's effort goals for the Service, and the Company shall not be liable for any damages or any other liability in the event that the service level falls below the service level.
Article 11 (User ID and Password)
The Subscriber himself/herself shall be given a user ID and password in accordance with the method and conditions of use determined by the Company.
The Subscriber shall strictly manage the user ID and password of the user at his/her own responsibility to prevent unauthorized use of the user ID and password.
The Subscriber shall not disclose or lend his/her user ID to a third party under any circumstances.
This company shall not be liable for any damage incurred by the subscriber due to unauthorized use of the user ID and password.
This company may deem that all acts of use of the Service performed after the authentication of user IDs and passwords belong to the Subscriber.
Article 12 (Addition and Deletion of User ID)
The Subscriber may add or reduce the maximum number of user IDs stipulated in the Service Agreement by applying for such addition or reduction in accordance with the method specified by the Company. In such cases, Article 5 shall apply mutatis mutandis to the application procedures, etc.
When the Company accepts the application in the preceding paragraph, the Subscriber shall pay the fee for the Service based on the number of user IDs after the addition or deletion.
Article 13 (Users)
The Subscriber shall determine the Users and grant user IDs to the Users.
The Subscriber shall be responsible for the granting of the User ID and the use of the Service by the User, and shall ensure that unauthorized use of the Service does not occur within the scope of its responsibility.
Article 14 (Telecommunication lines)
The telecommunication line connecting the terminal equipment used by the Subscriber to the Service shall be secured and maintained at the Subscriber's own responsibility and expense, and the Company shall assume no responsibility whatsoever.
Article 15 (Management and Storage of Provided Data)
The Subscriber shall, at his/her own responsibility, preserve necessary information on data, etc. entered, provided, or transmitted in connection with the use of the Service.
In the event that information used by the Subscriber is lost due to a malfunction, etc. of the equipment, etc. providing the Service, the Company shall record it separately and store it for a certain period of time for the purpose of restoring the information, but shall not be obligated to restore the information.
For the purpose of restoration from loss due to failure or mishandling, etc., the Company will provide a function to save the data entered and registered by the subscriber in accordance with the contents specified by the Company. However, there is no guarantee that all data will be saved or restored by this function. In the event that data is to be restored using such functions, the Company will charge a fee for such restoration.
Article 16 (Management of Personal Information)
We shall promptly destroy any personal information that is no longer necessary for the provision of this service at our own risk, without leaving any copies.
The provisions of this Article shall remain in effect even after the termination of the Service Agreement.
Article 17 (Management and Use of Information by the Company)
For the purpose of statistical research for the purpose of improvement of the Service, maintenance and management of the Service, etc., the Company shall use statistical values of the Subscriber's use of the Service, frequency of use of screens and items, etc., or analyze and utilize secondary processing of such information to the extent necessary for statistical research, and the Subscriber agrees to such statistical research, secondary processing and utilization.
The Company shall endeavor to maintain confidentiality and manage the data entered by the Subscriber with the care of a good manager.
The Subscriber agrees that if the Company is required to disclose or submit information related to the Service by order of a court of law or other legally authorized government agency, the Company may disclose or submit the information in accordance with such order, and the Subscriber shall not object to such disclosure or submission.
Article 18 (Usage Fees and Calculation Method of the Service)
Fees for use of the Service and the method of calculation shall be in accordance with a quotation or invoice to be issued separately.
Article 19 (Method of Payment of Usage Fees)
- The subscriber shall pay the usage fees for the Service and consumption tax, etc. (hereinafter referred to as "Usage Fees, etc.") for the period from the date the usage contract is established to the date of termination of the usage contract.
- The Subscriber shall pay the Usage Fees, etc. for the subscription period even if the Service is unavailable due to suspension or discontinuation of the Service or other reasons during the subscription period of the subscription agreement.
- The Subscriber shall pay the Service usage fees, etc. to the financial institution designated by the Company by the date designated by the Company in accordance with the invoice from the Company. The Subscriber shall bear the bank transfer fees and other expenses necessary for payment.
Article 20 (Late Payment)
If the Subscriber does not pay the Service Usage Charges, etc. after the designated payment due date, the Subscriber shall pay an amount calculated at an interest rate of 14.6% per annum for the number of days from the day after the designated payment due date to the payment date as a late payment charge.
Article 21 (Consignment)
The Company may outsource all or part of the operations related to the provision of the Service to a third party without the Subscriber's consent. In such case, however, the Company shall manage the contractor responsibly.
Article 22 (Prohibited Acts)
The Subscriber shall not engage in any of the following acts when using the Service.
Acts that violate or may violate laws and regulations.
Acts that offend public order and morals.
Acts that obstruct or may obstruct the use of other Subscribers.
Acts of unauthorized access to hardware or software comprising the Service, acts of cracking, or other acts that interfere with facilities, etc.
Acts that obstruct or may obstruct the provision of this service.
Analysis, reverse engineering, or other attempts to obtain the source code of software comprising the Service. However, this shall exclude the source code disclosed by the Company as open source software and the source code provided to the Subscriber.
Acts of using or attempting to obtain another person's user ID.
Acts of viewing, changing, or falsifying data of other subscribers or acts that may result in such acts.
Article 23 (Intellectual Property Rights)
All intellectual property rights, including copyrights, and other rights related to the tangible and intangible components of the Service (including software programs, databases, icons, images, text, manuals and other related documents) belong to the Company or third parties authorized by the Company.
Article 24 (Liability in case of Infringement)
In the event that a third party files a claim or other claim against the Subscriber for intellectual property rights in connection with the use of the Service, the Subscriber shall immediately notify the Company in writing, and the Company shall handle such claim or other claim at its own responsibility and expense.
However, this shall not apply if the claim is based on reasons attributable to the Subscriber himself/herself, or if the Subscriber fails to promptly notify the Company of the occurrence of a claim, etc. and the Company misses an opportunity to take appropriate measures to defend itself.
Article 25 (Principle of Self-Responsibility)
The Subscriber assumes full responsibility for the use of the Service and all actions (registration, viewing, deletion, transmission, etc. of information) within the Service and the results thereof.
If the Subscriber causes damage to a third party due to reasons attributable to the Subscriber or receives a claim or other demand from a third party in connection with the use of the Service, the Subscriber shall handle and resolve the claim or demand at the Subscriber's own responsibility and expense.
The Subscriber shall compensate the Company for such damage caused by the Subscriber's intention or negligence.
Article 26 (Limitation of Warranty)
This Company warrants that the Service will be provided in substantially good working order in all material respects.
The Company does not warrant that the software comprising the Service will be free from bugs or other defects, or that the Service will meet the Subscriber's specific purpose of use. Furthermore, the Company does not guarantee the proper operation of the Service when other software is used on the terminal equipment or when the Service is used in combination with other software, etc.
If a material defect is found in the Service, the Company's liability shall be limited to efforts to correct or remove the defect to the extent commercially reasonable.
This Article is the sole warranty for the Service.
Article 27 (Disclaimer and Limitation of Damages)
Even if the Company incurs damages to the Subscriber in connection with the Service for reasons attributable to the Company, the Company's liability for compensation shall be limited to the usage fees paid by the Subscriber to the Company for the past 6 months, except in cases of intentional or gross negligence on the part of the Company.
Even if the Company is liable, the Company shall not be liable for any compensation for damages caused by loss of business opportunities, lost profits, or loss or damage to data of the Subscriber, regardless of contractual liability, tort liability, or any other cause of claim.
Article 28 (Suspension of this Service)
This Service may be temporarily suspended by the Company at regular intervals or as necessary for maintenance work. 2The Company shall notify the Subscriber in advance of any maintenance work. However, in case of emergency, the Company shall suspend the Service without prior notice and promptly notify the Subscriber after the fact.
In addition to the provisions of Paragraph 1, the Company may temporarily suspend the Service when it is judged that the continuation of the Service may seriously impede the Subscriber due to sabotage by a third party, or for other unavoidable reasons.
This Company shall not be liable for any disadvantage or damage incurred by the Subscriber due to the suspension of the Service made in accordance with this Article.
Article 29 (Discontinuation of the Service)
This company reserves the right to discontinue all or part of the Service at any time.
When discontinuing all or part of the Service,The company will notify the subscriber of such discontinuation at least 3 months prior to the discontinuation of the Service.
Even in the case of discontinuation of the Service for reasons beyond the Company's control, such as the establishment, revision, or abolition of laws and regulations, natural disasters, or other unavoidable reasons that make it impossible to give at least three months' notice, the Company will give notice to the subscriber as promptly as possible.
If notice is given in accordance with the procedures stipulated in this Article,The company will not assume any responsibility for the results of the discontinuation of the Service.
Article 30 (Cancellation by the Subscriber)
The Subscriber may not cancel the Service Contract during the period specified in Article 6, Paragraph 1.
If the subscriber wishes to cancel the subscription agreement for his/her own reason within the period of the subscription agreement extended in accordance with Article 6, Paragraph 2, the subscriber shall notify the Company of such intention by the method designated by the Company at least.
months prior to the date of intended cancellation.
Article 31 (Cancellation by the Company)
If the Company determines that the Subscriber falls under any of the following items, the Company may cancel all or part of the Usage Contract without requiring a notice to the Subscriber.
When the subscriber commits an act that interferes with the Company's business.
If the Company receives a seizure, provisional seizure, provisional disposition, tax delinquency disposition, or other disposition by public authority against important assets, or files a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or special liquidation.
In the event of dissolution or transfer of the entire business, or a resolution to that effect is passed.
When a bill or check drawn or accepted by the Bank itself is dishonored or otherwise becomes suspended.
If the Company receives a disposition of suspension of business, or revocation of business license or business registration from the supervisory authority.
When one of the reasons listed in each item of Article 5, Paragraph 2 exists.
When the Subscriber violates the Usage Contract, etc., or when a serious event occurs that makes it difficult to continue providing the Service for reasons attributable to the Subscriber (hereinafter referred to as "Violation, etc.") and the Subscriber does not correct the violation within 14 days despite a written notice of the violation, etc., the Company may terminate all or part of the Usage Contract.
Article 32 (Processing after termination of contract)
If the subscription agreement is terminated for any reason, the subscriber immediately terminates use of the service and may not use the service thereafter.
When the subscription agreement is terminated for any reason, the Company shall erase all data stored in the Service at its own responsibility within 60 days from the date of termination.
The Company shall not be obligated to compensate the Subscriber for any damage caused by the erasure of data in accordance with this Article.
Notwithstanding the preceding paragraphs, if the subscriber notifies the Company at least 30 days prior to the termination date, the information stored in the service will be provided for a fee. In this case, the following conditions of provision shall be determined upon consultation.
- Data format
- Method of provision
- Fees and payment terms
Article 33 (Notices)
Notices regarding the Service and other notices from the Company to the Subscriber as stipulated in these Terms and Conditions shall be made by e-mail or by other means determined by the Company. Notices shall become effective upon transmission from the Company.
Article 34 (Prohibition of Assignment of Rights and Obligations)
The subscriber shall not allow a third party to succeed to the contractual status of the subscription agreement, nor shall the subscriber transfer, allow a third party to succeed to, or offer as security all or part of his/her rights and obligations under the subscription agreement.
Article 35 (Force Majeure)
If the performance of the Service is prevented by a natural disaster, enactment or falsification of laws and regulations, or any other force majeure event, the Company shall not be liable for any damage caused to the Subscriber by such force majeure event, notwithstanding any other provision of the User Agreement.
Article 36 (Consultation)
Article 37 (Governing Law and Jurisdiction)
Enacted on December 25, 2020