These Terms of Use of use of Money Forward IT Management Cloud Beta Version (“Terms of Use”) shall apply to the use of Money Forward IT Management Cloud Beta Version (the “Service”) provided by Money Forward i, Inc. (“we,” “our,” or “us”), and set forth the Terms of Use and conditions regarding the use of the Service which the Customer (defined in Article 2(2)) shall agree on.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICE. THE CUSTOMER SHALL BE DEEMED TO HAVE AGREED TO THESE TERMS OF USE AS OF THE TIME OF REGISTRATION.
NOTE: THE SERVICE IS PROVIDED AS A BETA VERSION UNDER DEVELOPMENT. AS SUCH, THE FUNCTIONS AND CONTENT OF THE SERVICE AS STATED IN THESE TERMS OF USE MAY BE CHANGED FROM TIME TO TIME, AND THE COMPLETENESS OF THE FUNCTIONS AND CONTENT OF THE SERVICE, THE CONTINUITY OF THE SERVICE AND THE LIKE ARE NOT GUARANTEED AS STATED IN THESE TERMS OF USE. THEREFORE, PLEASE UNDERSTAND THESE MATTERS IN ADVANCE, AND USE THE SERVICE ON THE CUSTOMER’S OWN JUDGMENT.
Article 1 General Provisions and Scope of Application
1. These Terms of Use set forth the basic provisions between the Customer and us regarding the use of the Service.
2. These Terms of Use shall apply to the Customer and us regarding the use of the Service.
3. Additional terms and conditions or any documents that have been distributed, delivered, or posted on websites or apps (the “Website and/or App”) by us (“Additional Terms and Conditions”) in relation to the Service shall constitute a part of these Terms of Use, and if any Additional Terms and Conditions conflicts with any of these Terms of Use, the Additional Terms and Conditions shall prevail.
4. The authentication function of Money Forward ID issued by Money Forward, Inc. is used for the provision of the Service. The Customer shall be required to hold its Money Forward ID in compliance with the Terms of Use of Money Forward ID of Money Forward, Inc. during the use of the Service.
Article 2 Definitions
In these Terms of Use, the following terms shall be defined as follows:
(1) “Service Agreement”
means an agreement entered between us and the Customer regarding the use of the Service and includes these Terms of Use and Additional Terms and Conditions.
(2) “Customer”
means a corporation, organization, or individual that desires to use the Service and executes the Service Agreement with us upon agreeing to these Terms of Use. The “Customer” means embraces the meaning of the collection of all of its Users (as defined in Item 3).
(3) “User”
means a person who has been granted access to the Service by the Customer pursuant to the procedures as set forth by us.
(4) “Registration Information”
means information that is determined by us and provided by the Customer to us prior to the execution of the Service Agreement, information that we determine as necessary and require to be registered during the use of the Service, and additions and modifications by the Customer to the above information.
(5) “Transmitted Data”
means contents (including, but not limited to, letters, numbers, formulas, images, and other data) that the Customer transmits through or stores in the Service.
(6) “User ID”
means a code that is linked with a Money Forward ID by the authentication function of the Money Forward ID, and is used to distinguish the Customer from others (including among Users designated by the Customer) in combination with its User Password.
(7) “User Password”
means a code that is used to distinguish the Customer from others (including among Users designated by the Customer) in combination with its User ID.
(8) “User Account”
means a User ID and a User Password collectively.
(9) “Cloud Services”
mean cloud-type services that are operated and provided by third parties and are designated by us at our discretion as services that the Customer can manage through the Service.
(10) “Cloud Service ID”
means a code that is used to distinguish the Customer from others in combination with its Cloud Service Password.
(11) “Cloud Service Password”
means a code that is used to distinguish the Customer from others in combination with its Cloud Service ID.
(12) “API Token”
means a token that is issued by a third party to us at the Customer’s request or demand for us to access the system in which information of the user of the cloud service provider is stored. The issuer of an API Token is called as a “Cloud Service Provider.”
(13) “Aggregation Functions”
mean (1) a function that enables to acquire the Customer’s information and display and reference to the obtained information on the Website and/or App, and (2) a function that enables to update the Customer’s information stored by Cloud Services or Cloud Service Providers, whenever the Customer accesses any of the Cloud Services via the Website and/or App, or we access the system of the Cloud Service Providers using an API Token.
(14) “Intellectual Property Rights”
mean copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including the right to acquire or apply for registration of any of these rights).
Article 3 Content of the Service
1. The detaile of the Service are as follows.
(1) The service called as “Money Forward IT Management Cloud” that supports the management, operation, and the procedures regarding the use of the Cloud Services, by automatically obtaining the information stored in the Cloud Services used by the Customer or the Cloud Service Providers, using the Aggregation Functions
(2) Other services related or ancillary to the service in the preceding item
2. We shall indicate on our designated Service website the Cloud Services to which Customers can access using the Service and the Cloud Service Providers that obtain information using an API Token. Customer may obtain its information through the Service only if the Customer obtains the information from the Cloud Service for which the Customer has a Cloud Service ID and a Cloud Service Password to access, or only if we have an API Token issued pursuant to the procedures of the Cloud Service Provider.
3. For the proper Service operation, we may confirm the Customers’ information and how Customers use the Service. Customer shall consent to this in advance.
4. We may add or remove (including temporarily suspend access to) Cloud Services or Cloud Service Providers that we can manage through the Service and no Customer may object to this.
5. The content and period of Customer’s information to be obtained through the Service shall be as decided by us at our discretion or as decided by the Cloud Service Provider and no Customer may object to this. The point in time that the content of information obtained from a Cloud Service or a Cloud Service Provider was created depends on the content of information provided by the Cloud Service operator or the Cloud Service Provider.
6. The Customer shall agree that we do not guarantee the nowness, timeliness, accuracy, or completeness of any content of information obtained or used by the Customer based on the Service.
Article 4 Customer Registration
1. Customer may apply to us for registration for using the Service (the “Registration for Use”) by agreeing to comply with these Terms of Use and providing us with its Registration Information in accordance with our prescribed manner.
2. We may determine whether or not to accept the Registration for Use in accordance with our criteria and only if we accept the registration, we shall complete the registration and provide the Service.
3. The Service Agreement based on these Terms of Use shall come into effect between the Customer and us when we start providing the Service to the Customer, and thereafter, the Customer may use the Service in accordance with our prescribed manner.
4. Customer shall transmit true and accurate information when registering its Registration Information. We will provide the Service based on the Registration Information registered by the Customer. We do not assume liability for damage incurred by any Customer due to falsified, incorrect, or missing part of the Registration Information. The same shall apply if any part of the Registration Information is modified as stated in the following article and we will provide the Service based on the Registration Information that is registered with us at the time the Service is used by the Customer.
Article 5 Modification of Customer’s Registration Information
1. Customer shall promptly take our prescribed modification procedures if any change occurs to its Registration Information.
2. If our notice does not reach to a Customer due to its default on the modification stated in the preceding paragraph, the Customer shall consent in advance and without objection that such notice will be deemed to have reached at the time it should normally reach.
3. We shall not assume any liability for damage due to the Customer’s default on the modification stated in Paragraph 1.
Article 6 Management of User IDs and User Passwords
1. Customer shall manage and safekeep User IDs and User Passwords at its own responsibility and shall not permit any third party to use them or lend, transfer, change the ownership of, sell, buy, or otherwise trade them. When we confirm that a User ID and a User Password are correctly entered, we may deem that the Customer who is registered as the owner of those User ID and User Password have used the Service.
2. The liability for damage due to insufficient management of, a fault in the use of, or the use by a third party of a User Account shall be borne by the applicable Customer and we shall not assume any liability unless we have intention or gross negligence.
3. Customer shall immediately notify us and follow our instructions if it is found that any of its User IDs, User Passwords, contents IDs, or contents Passwords has been stolen or used by a third party. In such case, we shall not assume any liability to compensate for damage incurred by the Customer as a result of the Customer following our instructions.
Article 7 Use of the Service
1. Customer may use the Service for the effective period of the Service Agreement, only in Japan, within the purpose of these Terms of Use and within the scope not in breach of these Terms of Use, and in accordance with our prescribed manner.
2. The Service may be used for free. However, Customer shall prepare and maintain at its expense and responsibility the computer, software, and other devices, telecommunication line and other telecommunication environment, and the like that are necessary for the use of the Service.
3. When using the Service, Customer shall:
(1) take security measures to prevent unauthorized access, information leakage or divulgation, or the like in connection with its use of the Service; and
(2) consent without objection that the Service may be partially discontinued due to the discontinuation of the link using an API Token between us and a Cloud Service Provider.
Article 8 Invitation to Users
1. Customer may invite a User as a Customer who are entitled to use the Service or remove any of the User(s) from the Customer who are entitled to use the Service in accordance with our prescribed conditions and manner.
2. User who is invited in accordance with the preceding paragraph may exercise all or part of the rights designated by us including the right to prepare, edit, and browse the Customer’s data, etc.
3. Customer shall manage and supervise the User to use the Service in accordance with these Terms of Use. If any of the Users breaches anything in these Terms of Use, the Customer will be deemed as having breached these Terms of Use. If the User breaches any of the Terms of Use, we may take measures stated in these Terms of Use against the User without through the Customer.
4. If any damage occurs to a third party or a dispute with a third party arises as a result of a breach of any of these Terms of Use by a Customer or a User, we shall not assume any liability and the Customer shall settle the damage or dispute at its own responsibility and expenses. If we incur any damage (including, but not limited to, attorney’s fees) due to such dispute, the Customer shall compensate for such damage incurred by us.
Article 9 Prohibited Matters
Customer shall not commit any of the following acts in using the Service.
(1) Act or possible act to violate any applicable law or regulation or act or possible act of encouraging to violate any applicable law or regulation
(2) Fraud on or intimidation of us, any other Customer of the Service, or any other third party
(3) Act of being against public policy
(4) Act of infringing the Intellectual Property Rights, portrait rights, privacy rights, honor, other rights or interests of us, any other Customer of the Service, or any other third party
(5) Act of transmitting through the Service information that falls under or we deem to fall under any of the following.
a. Information that contains an excessively violent or cruel expression
b. Information that contains a computer virus or any other harmful program
c. Information that contains an expression that impairs the honor or reputation of us, any other Customer of the Service, or any other third party
d. Information that contains an excessively indecent expression
e. Information that contains an expression that encourages discrimination
f. Information that contains an expression that encourages suicide or self-injury
g. Information that contains an expression that encourages an improper use of drug
h. Information that contains an anti-social expression
i. Information that contains an expression that gives others a discomfort
j. Information that contains a false statement
k. Information that contains a promotion, advertisement, solicitation, or business conduct
(6) Act of putting an excessive load on the Service and any Cloud Service’s and any Cloud Service Provider’s network, system, etc. that are accessible through the Service
(7) Act the purpose of which is to collect information of any other Customer of the Service
(8) Act of accessing improperly without authority to the whole system that connects to the Service, act of unrightfully rewriting or deleting information stored in our facilities, or any other act of damaging us
(9) Act of impersonating any other Customer or any third party
(10) Act of using any User ID or User Password of any other Customer or User of the Service (including, but not limited to, an act that two or more persons share one User ID or User Password)
(11) Act of providing benefits to anti-social forces (meaning an organized crime group, an organized crime group member, a person who has not passed five years from the day the person was no longer an organized crime group member, a right-wing organization, a quasi-member of an organized crime group, corporate racketeer (sokaiya), a group engaging in criminal activities under the pretext of conducting social campaigns or other activities (shakai undo tou hyobo goro), a crime group specialized in intellectual crimes (tokushu chinou bouryoku shuudan), or any other similar person; the same applies hereinafter)
(12) Act of using violence or threatening behavior (including, but not limited to, an act of telling that the Customer or any person affiliated with the Customer is anti-social forces, etc.)
(13) Any possible act of hindering our operation of the Service
(14) Act of breaching the subject matter or purpose of these Terms of Use and the provision of the Service
(15) Act of directly or indirectly raising or facilitating any of the acts stated in the preceding items
(16) Any other act that we consider inappropriate
Article 10 Customer Withdrawal
1. Customer shall be entitled to withdraw from the Service in a prescribed manner. A Customer who withdraws from the Service and the User who is permitted by the Customer to use the Service shall not be entitled to use the Service (only to the extent of the Service Agreement based on these Terms of Use under which the Customer withdraws) from the time of the withdrawal by the Customer.
2. In withdrawing, if a withdrawing Customer has any obligations to us (including, but not limited to, an obligation under these Terms of Use and an obligation to compensate us for damage), the withdrawing Customer shall automatically forfeit the benefit of time of these obligations and immediately perform all of these obligations to us.
3. No Customer shall be exempted from the obligations and liabilities to us borne by the Customer through its use of the Service even after withdrawing from the Service.
Article 11 Data Backup
1. Customer must manage or store data at its own responsibility.
2. Customer must store data by taking backups or by any other means by itself, as necessary, and we shall not guarantee that the data are stored or otherwise managed. We do not assume any liability even if the data stored and recorded in the Service disappear in an unexpected event.
3. We do not assume any liability for damage or disadvantage to any Customer arising as a result that the backup data of data does not exist, the Customer did not properly make backups of data pursuant to the preceding two paragraphs, or any other non-existence of backup data.
Article 12 Suspension of Use of Service or Removal of Account
1. If we judge that a Customer falls under or is likely to fall under any of the following, we shall be entitled to, without prior notice or demand, take necessary measures including temporarily suspending the Customer’s use of the Service, cancel the registration of the Customer, or terminate the Service Agreement with the Customer.
(1) If the Customer breaches any of these Terms of Use or if we determine that the Customer is likely to breach these Terms of Use
(2) If it is found that all or part of the information provided to us contains false representation of fact
(3) If it is found that a User ID or User Password or Cloud Service ID or Cloud Service Password has been stolen or used by a third party
(4) If the Customer is a minor, adult ward, person under curatorship, or person under assistance, and it is found that he or she has not obtained consent, etc. of his or her statutory agent, guardian, curator, or assistant
(5) If the Customer suspends payment or becomes insolvent or a petition is filed against the Customer for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings
(6) If a material change in the Customer’s business that substantially diminishes the Customer’s credibility or affects the Customer’s credibility is made
(7) If the Customer resolves its dissolution or a merger or other reorganization with any other company
(8) If the Customer dies or if the Customer becomes subject to an order for commencement of guardianship, curatorship, or assistance and there is a reasonable ground to terminate the Service Agreement
(9) If no response to our inquiry or other contact for answer is made for 30 days or more
(10) If we determine that the Customer is anti-social forces, etc. or contacts or is involved with anti-social forces, etc. including cooperating or being involved in the maintenance, operation, or management of anti-social forces, etc. through funding or any other act, or if it is found that anti-social forces, etc. is a corporation or the like that is substantially involved in the Customer’s management
(11) If the Customer was or is subject to a measure such as suspension of use of the Service or any other service provided by any Money Forward group company or removal of its ID
(12) If we determine that it is necessary for the operation, maintenance, and management of the Service
(13) If we otherwise determine that there is a reason similar to any of the preceding items
2. If a Customer falls under any of the items in the preceding paragraph, the Customer shall automatically forfeit the benefit of time of its obligations to us (including, but not limited to, obligations under these Terms of Use and liabilities to compensate us for damages) and immediately perform all of these obligations to us.
3. No Customer shall be exempted from any obligations and liabilities (including, but not limited to, compensation for damages) to us or third parties in its use of the Service even after a measure under Paragraph 1 is taken.
4. We shall not assume any liability for damage to Customer arising from our act under this article and we may retain and use the data and other information provided by the Customer to us even after a measure under Paragraph 1 is taken.
Article 13 Changes, Additions, Discontinuation, Suspension of the Service
1. We shall be entitled to make changes or additions to all or part of the Service and the content of software for the Service without prior notice to Customers.
2. We shall be entitled to discontinue the provision or operation of all or part of the Service at our discretion. When we discontinue the provision or operation of all or part of the Service at our discretion, we will notify Customers by means that we think as appropriate. However, we may not give notices in an emergency.
3. We shall be entitled to temporarily suspend all or part of the Service without prior notice to Customers, if:
(1) a periodic or emergency maintenance or repair of any of the hardware, software, telecommunication devices and facilities, etc. used for the Service is conducted;
(2) the services of a telecommunication carrier are not provided;
(3) the provision of the Service is difficult due to a natural disaster or any other force majeure;
(4) the provision of the Service is difficult due to a fire, power failure, any other unexpected accident, war, conflict, disturbance, riot, trade dispute, or the like;
(5) a massive load is put on the system due to excessive access or any other unexpected cause;
(6) it becomes necessary to ensure security of the Customers;
(7) the provision of all or part of a Cloud Service, the system of a Cloud Service Provider, the services linked with the Service and operated by a third party (the “Third Party Services”), and the like is temporarily suspended or discontinued;
(8) the operation of the Service becomes impossible due to a law or regulation or a measure thereunder; or
(9) we determine it necessary for a reason similar to any of the preceding items.
4. Customer consents in advance that all or part of its use of the Service may be limited if:
(1) the Customer’s usage qualification, etc. are not able to be confirmed by the authentication function of a User ID, User Password, etc. for the purpose of confirming its usage qualification, etc. for the Service;
(2) the Customer uses the Service in an environment where it cannot connect to the internet; or
(3) the Customer uses the Service in a telecommunication situation where it cannot communicate in real time.
5. We do not assume any obligation to provide Customers with support or corrected versions (including updated versions) of software for the Service.
6. We do not assume any liability for damage to any Customer arising from any measure we take under this article.
Article 14 Ownership of Rights
1. All the Intellectual Property Rights in or to the information, etc. provided by us in the Service belong to us or the persons who grant a license to us.
2. No Customer shall, without our permission, translate, edit, alter, or otherwise change the information, etc. provided by us or allow a third party to use such information, etc. or disclose such information, etc. to a third party or may commit any act (including, but not limited to, disassembling, decompiling, and reverse engineering) that is likely to infringe any of the Intellectual Property Rights owned by us or the persons who grant a license to us for any reason whatsoever.
3. Trademarks, logos, service marks, etc. (collectively, “Trademarks”) may be indicated in the Service, but this does not mean that we transfer to Customer or any other third party, or permit Customer or any other third party to use, these Trademarks.
4. Customer shall represent and warrant to us that it has a legitimate right to transmit Registration Information and Transmitted Data (information excluding personal numbers from Registration Information and Transmitted Data shall be hereinafter collectively referred to as the “Data”) to us and that its transmission of the Data. does not infringe any third party’s rights.
5. Customer shall grant us a worldwide, non-exclusive, gratuitous, sublicensable, and transferable license to use, reproduce, distribute, create derivative works from, display, and conduct anything with its Data to the extent necessary for us to provide the Service to it or only in accordance with these Terms of Use.
6. Customer shall agree not to exercise any moral rights against us or any person who succeeds or is granted rights from us.
Article 15 Management and Use of Information
1. We may treat data, etc. and any other information to be obtained through the use of the Service as the confidential information of the Customer, and we will not use such data, etc. and information beyond the scope prescribed by the applicable laws and regulations or beyond the scope of the purpose of use stated in the following items. Provided, however, personal information included in the information obtained by us shall be used in accordance with Items 6 and 7.
(1) To confirm the identity and usage qualification of the Customer
(2) To provide the Service
(3) To customize information and advertisement to be distributed in the Service to the Customer
(4) To send notices about the Service and services provided by us or our group companies
(5) To notify the suspension or discontinuation of, or termination of agreement for, the Service
(6) To respond to any acts in breach of these Terms of Use
(7) To notify any amendments, etc. to these Terms of Use and policies for the Service
(8) To respond to any dispute, litigation, etc.
(9) To respond to inquiries, etc. about the Service
(10) To conduct enhancement and improvement of the Service, service development, research, market analysis, and marketing by preparing anonymized data and statistic data (“Anonymized or Statistic Data”) in which information is processed into a form that cannot identify any specific corporation, organization, or individual by analyzing the information by age, affiliation, business type, size, and other attributes
(11) To conduct provision, maintenance, improvement, or development of the Service ancillary to any of the preceding items
2. We will not disclose to or share with any third party any Customer information without the Customer’s consent unless:
(1) we provide Customer information to a provider of a tool that is in our opinion appropriate to understand how the Service is used to the extent necessary to use the tool;
(2) we provide Customer information to a provider of Third Party Services, etc. to the reasonable extent to improve the link between the Service and the Third Party Services, etc. or functions thereof;
(3) we outsource all or part of the handling of Customer information to the extent necessary for us to achieve the purposes of use;
(4) Customer information is provided along with a succession of business for a merger or any other reason;
(5) it is based on the laws and regulations; or
(6) we are required to disclose Customer information by a court, police, or any other public agency under the laws, regulations, and rules.
3. We may change the purpose of the use of information to the extent reasonably recognized as being adequately relevant to the purpose of use before the change and we will notify or announce to the Customers when we make such change.
4. In the Service, access logs, etc. (including those automatically received from browsers and applications that contain visited web pages, information on usage environment, etc., and information on action histories, etc. in advertising pages and websites cookie-synced with the Service) are collected and analyzed by using Google Analytics (https://policies.google.com/technologies/partner-sites?hl=en) and other tools that we consider appropriate in order to understand how the Service is used and optimize the operation or improvement of the Service or the advertisements provided by us or third parties other than us. Those tools may use cookie, Advertising ID (AAID) provided by Google LLC, and others (“Cookies, Etc.”) and collect access logs, etc. that do not include personally identifiable information. Collected information is managed under the personal information protection policy of the tool provider. The personal information protection policy and opt-out policy of the tool provider can be confirmed at the tool provider’s website. We shall not assume any liability for damage from the use of the services of the tool providers.
5. We may disclose Anonymized or Statistic Data to third parties. In that case, only Anonymized or Statistic Data from which no specific corporation, organization, or individual can be identified will be disclosed and we will not disclose information that can identify any Customer.
6. We shall manage the Customer’s personal information obtained through its use of the Service (excluding personal numbers; the same applies in this paragraph) in accordance with our separately prescribed privacy policy and the Customer shall consent in advance that we handle the Customer’s personal information contained in the Customer’s data, etc. in accordance with our privacy policy.
7. We do not handle personal information other than the Customer’s personal information contained in the Customer’s data, etc.
Article 16 Exclusion of Anti-Social Forces
We prohibit the use of the Service by anti-social forces, etc. If we determine that a Customer is anti-social forces, etc., we shall be entitled to, without prior notice to the Customer, suspend the provision of the Service or terminate the Service Agreement. We do not assume any liability for damage or disadvantage to any Customer arising from the suspension of the provision of the Service or the termination of the Service Agreement.
Article 17 Compensation for Damages
1. If a Customer causes any damage to us by breaching these Terms of Use or in connection with its use of the Service, the Customer must compensate us for all of the damages (including fees for attorneys and other professionals and the amount equivalent to our personnel expenses).
2. If we receive a claim for the infringement of a right or for any other reason from other Customer, User, or third party in connection with the use of the Service by a Customer, the Customer must compensate for the amount that we are forced to pay to the third party based on the claim and the amount that we bear to settle the dispute, etc. for the claim (including fees for attorneys and other professionals and the amount equivalent to our personnel expenses).
Article 18 Disclaimer of Warranty and Limitation of Liability
1. WE DO NOT GUARANTEE ANYTHING INCLUDING THAT THE SERVICE, THE CONTENTS PROVIDED THROUGH THE SERVICE, AND OTHER INFORMATION OBTAINABLE BY THE CUSTOMER THROUGH THE SERVICE FIT FOR THE CUSTOMER’S PARTICULAR PURPOSE OR HAVE EXPECTED FUNCTIONS, MERCHANTABILITY, ACCURACY, AND USEFULNESS, THAT THE USE OF THE SERVICE BY THE CUSTOMER IS IN COMPLIANCE WITH THE LAWS, REGULATIONS, INTERNAL RULES OF INDUSTRIAL ASSOCIATIONS, AND OTHER RULES APPLICABLE TO THE CUSTOMER, THAT NO TROUBLE WILL OCCUR, THAT ANY PROBLEMS IN THE USE OF THE SERVICE WILL BE RESOLVED, THAT THE CONTENTS PROVIDED THROUGH THE SERVICE ARE LAWFULLY AVAILABLE, ARE IN COMPLIANCE WITH THE TERM OF USE OF THE SERVICES PROVIDED BY PROVIDERS OTHER THAN US, AND DO NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
2. We do not assume any liability to compensate for damages incurred by any Customer in connection with the interruption, suspension, or discontinuation of the provision of, unavailability of, or changes to the Services by us, the deletion or disappearance of data, etc. transmitted to the Service by the Customer, the cancellation of registration of the Customer, the disappearance of data, etc. or failure or damage to a device due to the use of the Service, or any other Service-related event because the Service is provided as a beta version.
3. If any dispute arises between a Customer and a third party, the Customer shall settle the dispute at its own responsibility and expenses and we will not be involved in the dispute.
4. If any links from the Website and/or App to other websites or links from other websites to the Website and/or App are provided, we shall not be responsible for the websites other than the Website and/or App and the information obtained therefrom.
5. To access the Cloud Service and the system of the Cloud Service Provider by using the Aggregation Functions, and the automatic input of a Cloud Service ID and Cloud Service Password on a Cloud Service to use for acquiring, displaying of lists, accumulating, updating, and processing and editing, etc. the Customer information and the use of an API Token are the Customer’s use, with its own intention, of the functions provided by us to assist the Customer regarding the use of the Service by the Customer itself. Customer shall be responsible for all the results of such use. We shall not be a party, messenger, agent, or intermediary, etc. to such act nor responsible for the results of such act.
With respect to information that is input by the User, the Customer shall confirm the truth and falsehood of the information and the accuracy of the method of input, and we shall not guarantee the accuracy of displayed information or the accurate reflection of true facts in the results of updates, etc.
6. We do not guarantee that the Service is available for all kinds of terminals and Customer shall consent in advance that failures may occur in the operation of the Service after an OS version update or the like of its terminals in which the Service is used, even if the Service is available for the terminals at the time the Customer started using the Service. We do not guarantee that such failures will be fixed by reprogramming or other measures conducted by us.
7. We do not assume any liability to compensate for damages incurred by any Customer in connection with the Service because the Service is provided as a beta version.
Article 19 Customer’s Confidentiality Obligation
Customer shall treat the existence of the Service, the fact that a trial of the Service is conducted, and the information specified as confidential and disclosed or provided by us to the Customer as our confidential information, and, to the extent necessary for the purpose of the use of the Service, use the confidential information and share the confidential information with the Customer’s officers, employees, and other affiliates, and shall not disclose the confidential information to any third party without our prior consent. This does not apply to the confidential information that is in the public domain or already in the possession of the Customer.
Article 20 Effective Period of Service Agreement
The Service Agreement shall be effective between us and the Customer for the period from the day on which the Customer’s Registration for Use is completed to the earlier of the day on which the Customer withdraws from the Service or the day on which the Customer’s account is removed, as long as the Service is provided. However, if we discontinue the provision of the beta version of the Service, the Service Agreement shall be terminated on the day on which the Service is discontinued.
Article 21 Revision of these Terms of Use
1. We shall be entitled to amend these Terms of Use without Customer’s consent if:
(1) the amendment is a modification of a service name or an expression, a correction of a typographical error, or the like and does not substantially affect the content of these Terms of Use;
(2) the amendment is for the benefit of the Customers in general; or
(3) the amendment does not go against the purpose of the agreement, and is reasonable in light of the necessity for the amendment, the reasonableness of the amended part, and other circumstances of the amendment.
2. In the case of an amendment pursuant to Item 2 or 3 of the preceding paragraph, we will notify the scheduled amendment of these Terms of Use, the details of the amended Terms of Use, and the timing of the effective date of the amended Terms of Use by posting on this website, etc. or any other means as we think appropriate at least a reasonable period of time before the amendment of these Terms of Use takes effect. In the case of an amendment pursuant to Item 1 of the preceding paragraph, the amended Terms of Use shall take effect at the time we notify the details of the amended Terms of Use by posting on this website, etc. or any other means as we consider appropriate.
Article 22 Notice
Notices including inquiries for the Service from Customers to us and notices including notices of amendment of these Terms of Use from us to Customers shall be given in our prescribed manner. If we give a notice to the Customers by e-mail or on the Website and/or App, the notice shall be deemed to have been given at the time the e-mail is sent by us or posted on the Website and/or App.
Article 23 Assignment
1. No Customer may assign, transfer (including transfer in whole in a merger, company split, or the like), or pledge as collateral its status under the Service Agreement or all or part of its rights and obligations under these Terms of Use to any third party without our prior written consent.
2. If we transfer the business that operates the Service to another person, we may transfer our contractual status under the Service Agreement, our rights and obligations under these Terms of Use, and the Customer’s Registration Information and other customer information to the transferee of the business along with the transfer of the business and the Customer is deemed to have agreed to such transfer in advance.
Article 24 Severability
If any of these Terms of Use or part thereof is held invalid or unenforceable under the Consumer Contract Act or any other laws and regulations, the remaining Terms of Use or the remaining part of the invalidated or unenforced Terms of Use shall continue in full force and effect. We and the Customer shall make efforts to ensure the purpose of and same legal and economic effect as the invalid or unenforceable term or part by modifying these Terms of Use to the extent necessary for the invalid or unenforceable term or part to be lawful and enforceable.
Article 25 Survival Clauses
Paragraphs 2 and 3 of Article 10, Paragraphs 3 and 4 of Article 12, Article 14, Article 15, Article 16 through Article 19, and Article 23 through Article 27 shall be effective even after the Service Agreement between us and the Customer is terminated for any reason whatsoever.
Article 26 Governing Law and Agreed Jurisdiction
These Terms of Use shall be governed by the laws of Japan, and any dispute arising out of or in connection with these Terms of Use shall be submitted to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
Article 27 Settlement upon Consultation
Any matters not stated in these Terms of Use or any doubts in the interpretation of these Terms of Use shall be promptly settled upon good faith consultation between us and the Customer.
Established on March 31, 2021
Note:
This is an English translation of Terms of Service. Unless otherwise specified, English-language documents are prepared solely for the convenience of non-Japanese speakers. If there is any inconsistency between the English-language documents and the Japanese-language documents, the Japanese-language documents will prevail. Please check the Japanese version at https://i.moneyforward.com/terms-of-service.