Terms of Service (Client)

This Terms of Service (hereinafter called "TOS") applies to all relationships between Conyac (hereinafter called "Service") that is provided by Xtra Inc. (hereinafter called "Company") and service users (hereinafter called "User") that Company administers. TOS is applied when Users use the Service. Also, TOS is considered as agreed when Users completed the account registration, so please ensure to read it before using the Service.

Article 1 (General Provisions/ Range of Use)

TOS regulates basic items related to the Service provided/ operated by the Company.
With regard to the use of the Service, TOS shall be applied to the Company and Users.
In the case where the Service-related Individual TOS and additional regulations are posted over the User screen, or the Service-related rules are transmitted via e-mails, they are recognized as a part of the TOS. In the case where individual regulations, additional regulations, or rules are against the TOS, the said individual regulations, additional regulations, or rules are prioritized.
With regard to other website, application, and other services linked upon provision of the Company website or the Service (other website, application, and other services linked upon provision of the Company website or the Service are called hereinafter as “External Services” as a general term.), please use them following TOSs established in the Company website, External Services, etc.

Article 2 (Definition)

In this TOS, the meanings of the terms listed in the following items shall be as prescribed respectively in those items.

“The Service”
This shall mean the general term of the membership services provided by the Company such as Conyac Market, Translation Conyac, etc. set forth below:
“Conyac Market”
This shall mean the outsourcing platform service provided by the Company that enables client conducting business consignment to Freelancer.
“Translation Conyac”
This shall mean the service provided by the Company that enables client requesting translation work to Freelancer and the Company.
“Service TOS”
This shall mean the contractual relationship pertaining to the use of the Service that arises between User and the Company upon User’s Service usage, and includes documents the Company distributes, transmits, or posts related to TOS and Service (hereinafter documents the Company distributes, transmits, or posts related to TOS and Service are called as “Individual TOS” as a general term).
“User”
This shall mean companies, organizations, or individuals that have agreed to agreement pertaining to Conyac including “Conyac TOS (Freelancer)”, and concluded the Service TOS with the Company.
“Client”
This shall mean those Users in the Service who wish to request, or have requested outsourcing/ translation work to Freelancer or the Company.
“Freelancer”
This shall mean those Freelancers of Translation Conyac that wish to entrust or have entrusted translation work with Client or the Company.
“Applicant”
This shall mean companies, organizations, or individuals that wish to use the Service.
“User Registration”
This shall mean User Registration of the Service that Applicant conducts in accordance with the method pursuant to the provision of Article 3.
“Registered Information”
This shall mean information stipulated by the Company and registered by Applicant or User at User Registration, information the Company determines as required and requested for registration during the use of Service, or in the case where such information is added or edited by the User.
“Contents”
This shall mean information User can access through Service (including but not limited to sentence, still picture, motion picture, voice, music and other sounds, image, software, program, code, and other data).
“User Contents”
This shall mean contents User transmits by posting through Service or other methods.
“Account”
This shall mean codes employed to distinguish User from others in combination with a password.
“Password”
This shall mean codes employed to distinguish User from others in combination with an account.
“Company Website”
This shall mean the domain is “conyac.cc,” and the website pertaining to the Service operated by the Company (notwithstanding the reason, in the case where domain or contents of the Company’s website are modified, it shall include domain after the said modification.).
“Intellectual Property Right”
This shall mean copyright, patent right, the utility model right, trademark, design right, and other intellectual property rights (including the right for obtaining those rights, or applying for the registration of such rights).
“Points”
This shall mean the Service-exclusive virtual currency issued by the Company that may be used for payment in this Service within bounds established by the Company.

Article 3 (Account Registration)

Those who wish to open their account may apply to the Company for the Service registration by agreeing to observe the Individual TOS with regard to the TOS and the Service, and providing the Company the registered information in the manner prescribed by the Company.
Qualification requirement of eligible User of the Service is as follows, however items (i) and (ii) shall not be applicable for the case of a corporate body:
- (1) Older than eighteen years of age.
- (2) Comprehensive agreement is obtained from a legal representative in the case of a minor.
- (3) An e-mail address is owned.
- (4) The concerned party has not been the Service member yet.
Following the Company’s standard, by judging the eligibility of applicant, and by sending the acceptance notice of User registration, the Company recognizes the User registration being completed.
Upon completion of registration as per prescribed in the preceding clause, the Service agreement based on the provisions of TOS is concluded between User and the Company, and User shall become eliglble using the Service according to the Service established by the Company.
The Company may reject to register Applicant requested to Register based on Paragraph 1 who falls under any of the following items:
- (1) When any or part of the registered information provided includes misrepresentation, error in writing, or omission.
- (2) When the said Applicant, upon use of the Service, had an account that was suspended or removed in the past, or is in such status at the moment.
- (3) In the case where Applicant is either minor, adult ward, or person under curatorship, or person under assistance without consents of legal representative, guardian, curator, or assistant.
- (4) When the Company confirmed the said Applicant does not fall under Paragraph 2.
- (5) When the Company determines the said Applicant is a member of antisocial forces (this shall mean designated organized crime group, gangster, a right-wing organization, antisocial forces, and equivalent others.), participating to sustain, operate, or manage such forces by providing funds and so on, or holding some kind of interchange or　participation to such forces.
- (6) When multiple accounts are held per User concerning the account registration.
- (7) Other cases where the Company determines the registration being inappropriate.
Upon registration of User information, User shall provide true and accurate information. On the premise of account information registered by User, the Company shall provide the Service. With regard to the damage caused to User due to the mispresentation, error in writing, or omission of the registered information, the Company shall take no responsibility.
When changes made to the registered information, User shall notify the said changes to the Company, and submit documents requested by the Company within 14 days in accordance with that set forth in the Company’s method.
In the case where the Company’s notification becomes unreachable due to the failure of notification in the precedent clause, the said notification shall be considered as reached at the normal time of arrival.

Article 4 (Account and Password Management)

User shall administer or keep account and password at one’s own risk, and they shall not be used by third party, or lent, demised, transferred, or traded, etc. Upon confirmation of the said account and password in accordance, the Company shall recognize registered User who owns the said account and password have used the Service.
Responsibility of damage due to the failure of thorough management of account or password, malpractice of use, third party’s use, etc. shall be taken by User, and the Company shall not bear any responsibilities.
In the case where account or password is stolen or used by third party, User shall notify the Company that effect and follow the Company’s instruction.

Article 5 (Use of Service)

Only within the period the account is validly registered, User may use the Service following the Company’s specified method, within the range of the TOS purpose and without violation of the TOS.
Preparation and maintenance of computer, software, other devices, communication line, and other communication environments shall be conducted at the cost and risk of User.
With regard to any or a part of the Service, those Clients may use them only if they meet the requirement the Company determines as required such as age, identity verification, registered information are recognized as eligible, and User shall agree to this.

Article 6 (Contents and use of Conyac Market)

In Conyac Market, the Company shall provide tool and platform for conclusions of operating agreement by providing information for Clients and Freelancers.
Conyac Market shall aim to directly conclude operating agreement (hereinafter called as “Market Agreement”) between Client and Freelancer, and Company shall not become the concerned party of the transaction.
When Client request Freelancer an operating agreement through Conyac Market, the form of agreement shall be conclusion of operating agreement, upon performing fiduciary business, Client shall not be able to conduct a concrete instruction regarding the job contents or method of task performance, specific venue or time of Freelancer’s task performance, or instruction or regulatory authority. Also, notwithstanding the inclusion to the content of agreement, Client shall not be able to treat Freelancer in such fashion.
In Conyac Market, with regard to task performance and deliverables, Company shall not confirm or guarantee their quality, accuracy, legality, usability, etc., and shall not be liable to any of such defect. Also, Company does not administer Freelancer’s task performance based on Market Agreement, and shall not be liable for any disadvantage/ defect caused to Client due to Freelancer’s default on financial obligations in Market Agreement.
Upon requesting operating agreement to Freelancer in Conyac Market (including additional work requested to Freelancer with whom Market Agreement has been concluded already), as Conyac Market usage fee (hereinafter called “Fee” in the TOS), Client shall be liable for the Fee stipulated by the Company separately. Also, the concrete time of payment and method shall be in accordance with that set forth in Article 9. The paid fees shall not be returned for any reasons.
In the case where Client chooses to use Conyac Market, between Client and Freelancer in Conyac Market, when contents of agreement such as work content, reward amount, term of validity, etc. are settled, and when both parties of transaction confirm the intent of execution in accordance with the content, operation agreement between the concerned parties shall be recognized as concluded.
Upon conclusion of agreement in the preceding paragraph, with regard to the reward claims work for Freelancer based on Market Agreement, pursuant to the provision of Article 9 Clause 1, Client shall agree the Company acting for claims work on behalf of Client.
Following Market Agreement that has been concluded pursuant to the provision of Clause 1, Client shall be liable to pay reward to Freelancer. Also, the concrete time of payment and method shall be in accordance with that set forth in Article 9.
Freelancer shall start the work based on the first clause of the article in Market Agreement, from when Remittance Request stipulated in Article 9 has been made, and deliver Client completed deliverables within the provided period, and Client shall inspect the delivered deliverables, and notify Freelancer the inspection result (Passed/ Not Passed). In the case where Client does not report inspection result within a week after the delivery of deliverables, the inspection result of the said deliverable is recognized as passed by the Client.
In the case of the preceding clauses, as a result of inspection, the work is completed when it is recognized as passed by Client shall be responsible to report that effect to the Company at that time.
As a general rule, the content of agreement after establishment of Market Agreement shall not be modified or cancelled. Prior to completion of work, however, in the case where Client or Freelancer wish so, and only when Agreement is concluded between the concerned parties upon consultation between Client and Freelancer, the content of Agreement may be modified or cancelled.
In the case where the content of agreement is modified or cancelled, pursuant to the provision of the preceding paragraph, Client shall immediately report that effect to the Company.
Upon agreement of the first clause, when it is necessary to carry out arrangements of work and remuneration contents, deadline between Freelancer and Client, and the presence or absence of a warranty, it is otherwise assumed to be agreed between the parties, and the Company shall not know about the presence or absence or the contents of the agreement and shall have no liability for any damage caused as a result.

Article 6-2 (Continued Project on Conyac Market)

Client may enter into a continued project agreement (hereinafter called “Market Basic Agreement”) with a Freelancer on Conyac Market for the purpose of ordering and receiving an order for continued project and may place an order for individual task under such agreement. Even in such cases, the Company shall not become a concerned party of such Market Basic Agreement and individual orders placed or received thereunder. The order placing and receiving method of individual tasks under a Market Basic Agreement shall be separately stipulated by the Company.
If Client places an order for an individual task under Market Basic Agreement with a Freelancer, such Client shall pay the Fee separately specified by the Company to the Company. Such Client shall comply with provisions of Article 9 concerning specific time of payment and method. The paid Fees shall not be refunded for any reasons.
If Client places an order for an individual task under Market Basic Agreement, such Client shall agree that the renumeration payment to the Freelancer will be handled by the Company on behalf of such Client as stipulated in Article 9 Clause 1.
Pursuant to the agreement on the order placement for an individual task, Client shall be responsible for paying rewards to the Freelancer. Such Client shall comply with provisions of Article 9 concerning specific time of payment and method.
Once the Company has confirmed a Remittance Request as stipulated in Article 9, Freelancer shall begin the individual task and deliver the work product to the Client by the completion deadline, and the Client shall inspect such work product and notify the Freelancer of the result of inspection (passed or not passed). If the Client does not notify the Freelancer of the result of inspection within the period agreed by the Client and the Freelancer on the agreement, the result of inspection for such work product shall be deemed as passed.
In the case of the preceding clause, the individual task shall be completed when it passed the Client’s inspection, and the Client shall be responsible for reporting that effect to the Company without delay.
As a general rule, the contents of agreement may not be changed or cancelled after the order completion for an individual task; provided, however, that the contents of agreement may be changed or cancelled if Client or Freelancer wished, and the Client and the Freelance discussed and reached mutual agreement about that matter before the completion of task.
Based on the preceding clause, in the case where the contents of agreement were modified or cancelled, the Client shall immediately report that effect to the Company.
If Freelancer and Client need to agree on liability for defect warranty, etc. in addition to the contents of work and remuneration and deadline, etc. for Market Basic Agreement or placing an order for individual task, such additional agreement shall be made between the parties. The Company has no concern with presence or absence of such additional agreement and the contents and assumes no responsibility whatsoever for any damage arising from such additional agreement.

Article 7 (Content and Use of Translation Conyac)

Through Translation Conyac, the Company provides translation service to Client.
Translation Conyac shall be translation service based on operating agreement between User and Company.
When the Company accepts and approves an application for translation request via Translation Conyac, the Company shall recommission translation work to Freelancers registered as the Service User, and User shall agree to this. Client shall not have rights to instruct Freelancers.
Within the range set forth by the Company, the Company may conduct rectification of defects or other compensation of deliverables for Client. Provided, however, that set forth in this paragraph shall not apply to obligate Company such compensation.
In the case where approval of Translation Conyac has been gained from the Company, Client shall be liable to pay the Company for the amount specified separately by the Company. Also, the concrete time of payment and method shall be in accordance with that set forth in Article 9 Clause 3. The paid reward shall not be returned for any reasons.
The entire Client through Translation Conyac (including the Copyright Law Article 27 and 28) shall be transferred to Client at the stage where the job is completed.

Article 8 (Client’s Liabilities)

Internet access is required when User uses the Service, User must prepare, establish, and operate any devices, software and means of communication at User’s own risk and cost for doing so. Company shall not participate any of User’s access environment, and shall not be liable for these preparations or operation.
When the Service is in use, Client shall guarantee the Company that requesting translation of the said original text shall not infringe third party’s intellectual property rights. In the case where infringement concerning intellectual property rights has been pointed out by the Company, Client shall promptly terminate the use of Service, agree to terminate the use of translation result, and take measures for recovering damage caused by the act of infringement.
Client must endeavor to not stating his or third party’s personal information or trade secrets on the original text being requested for translation, and take measures such as turning proper nouns or figures to be anonymous at Client’s own risk.

Article 9 (Payment Procedure)

Regarding payment pertaining to transaction in the Service shall be conducted by the methods specified in the Company’s separate statement. In an event of credit card payment, settlement other than Company specific payment service shall not be accepted.
Payment period and method of transaction reward pertaining to Conyac Market shall be as follows: Also, as prescribed in this clause, the claims work of the reward from Client to Freelancer shall be acted by the Company commissioned by Client.
- (1) If Client concluded a Market Agreement with a Freelancer or placed an order for a task under the Market Basic Agreement, such Client shall settle a payment for the reward of such Agreement in the method the Company separately specified (hereinafter called “Remittance Request,” and the money under Remittance Request is called as “Remittance Request Money.”)
- (2) If a Remittance Request to the Company has been made by a Client, the Company shall pay to the Freelancer in the method separately specified by the Company on behalf of the Client the amount that is calculated by deducting Fee and the consumption tax, etc. from the amount paid by the due date in the method separately specified by the Company. However, until the work product passed the inspection of the Client, and the notification of the inspection results arrived at the Company, the Company will not make such payment to the Freelancer.
Payment of transaction reward pertaining to Translation Conyac shall be issued at the time of application to Translation Conyac. After the request has been placed, until Freelancer accepts the request from the Company and commences the translation work, Client may cancel the request. Also, after the translation request has been placed, in the case where no Freelancer is assigned to the translation work provided from the Company, and the translation result is not obtained, the paid amount shall be refunded to the said Client. Also, at the point in time when deliverable is submitted from Freelancer to the Company and thereafter, except for the case where Freelancer violates “Conyac TOS (Freelancer)” by submitting the copy of machine translation, etc., the paid amount shall not be refunded notwithstanding of any reasons.
When payment was not made within the designated period via bank transfer prescribed in the preceding paragraph, the said application shall be recognized as cancelled.
Payment for the usage fee of fee-based option shall be settled at the time of application.
The bank transfer fee for the usage fee of fee-based option shall be paid by Client, while the Company’s bank transfer fee to Freelancer shall be paid by Freelancer.
Bank account for the transfer Client may specify shall be limited to the account the Company specifies separately. Also, in the Case where bank transfer cannot be conducted due to deficiency contained in the information of account designated by Client, handling fee occurs to unwinding of funds transfer shall be paid by Client, and the Company shall suspend the refund until the deficiency of account information will be resolved.
A concerned party of Market Agreement or Market Basic Agreement shall not directly receive rewards on any transactions on Conyac Market. Also, notwithstanding of direct reward transfer, Client shall be responsible to settle a reward payment to Company as prescribed in Paragraph 2.
In the case of specified in each of the following items, notwithstanding the provision of the TOS, the Company may terminate payment agent work of the said transaction, and issue a full refund to Client of reward under Remittance Request. However, bank transfer fee upon refund shall be paid by Client.
- (1) Prior to completion of work, when either party of Market Agreement or Market Basic Agreement expressed to the other party of the intention to suspend/terminate the work, and the other party fails to express the intention of consent or non-consent within one week, and the Company confirms so.
- (2) When the transaction is cancelled by the mutual agreement between the concerned parties of Market Agreement or Market Basic Agreement, and the Company is able to confirm that effect from the both parties.
- (3) In the case where either party of Market Agreement or Market Basic Agreement delays fulfillment of obligations under this transaction such as reward payment obligations and delivery of deliverables and fails to fulfill the same obligations within one week despite that the other party or the Company has asked to do so.
- (4) After Market Agreement or Market Basic Agreement is established, either party has not been heard from for more than 1 week despite that the other party or the Company has contacted with a conventional contact means in the service.
- (5) For other cases where the Company determines withholding Remittance Request Money is inappropriate.
After having settled payment or refund based upon the Article, the Company shall not be liable for any reward payments between the concerned parties. Also, pursuant to the provision of the preceding paragraph, when the Company terminates the payment agent work, and returned Remittance Request Money, etc. to Client, application of Clause 8 of this article shall be removed.
Regarding reward from the transaction paid out to Freelancers residing in Japan, the Company shall perform processes pertaining to tax withholding, issue payment records to the Freelancer, and carry out other such duties.

Article 10 (Contact between Users)

Contact between Users shall be held within the Service as a general rule, and holding contact or meeting with other means are prohibited. Provided, however, that, this shall not apply in the case where Market Agreement or Market Basic Agreement is otherwise entered into by concerned parties, and the Remittance Request provided in Article 9 is confirmed by the Company and thereafter.
Without using the Service, Users and past Users shall not enter into agreement which content includes direct outsourcing agreement or provision of other work, or invitation of such. Provided, however, that, this shall not apply in the case where it is otherwise approved by the Company in advance.

Article 11 (Outsourcing Compliance)

With regard to transaction of the Service between Users, Users shall observe any laws and regulations concerning the transaction.

Article 12 (Intellectual Property Right)

The Company may save and use the contents (information, data, documents, and letters etc.) such as the original text a user posts, publishes, provides, or sends to be translated in this service and the translation results etc. in every form including partial modification, for the purposes of running the service smoothly, improving it, and promoting this service etc., and the User shall agree to it.

Article 13 (Prohibitions)

Upon using the Service (including the affiliated services, hereinafter remains the same), User shall not conduct action falling under any of the following items either by himself or by having third party.

Any action that violates laws and regulations, court’s judgment, decision or order, or administrative measure with legal binding force, any action encourages or may encourage such of these.
Any action slandering other Users or churning up other Users with lubricious substances.
Any action offending public order and morals.
Any action infringing or likely infringing rights such as intellectual property rights, portrait rights and publicity rights of User, a third party, and Company.
Any action of transmitting information to the Company, other Users, or other third parties through the Service that may apply to the following items or the information the Company determines applying to the following items:
- Any information of personal information/ privacy infringement
- Any information containing excessively violent or cruel expressions
- Any information containing action using or broadcasting harmful programs such as a computer virus through the Service.
- Any information containing expression or act that may make others feel repulsive such as slanderous defamation or immoral content
- Any information containing expression that adds to discrimination promote discrimination
- Any information containing expression contributing to suicide or self-inflicting activities.
- Any information containing expression contributing the inappropriate use of drugs
- Any action or expression promoting or concurring the antisocial activists or influences.
- Any action to send junk mails, spam mails, chain letters, Endless Money Chain, or other posting, disclosure, or offering of contents intended inducement.
- Any information containing illegal invitation, advertisement, etc.
- Any information containing offensive expression against others.
- Any information aiming to meet with unacquainted persons of the opposite sex.
- Any similar information as stated above.
Reverse engineering
Any action causing excessive load against network, system, etc. of the Service.
Any action such as illegal access to general system connected to the Service without authority, illegally overwrite/ delete information accumulated to the Company’s facility, or others causing damage to the Company.
Any action to intentionally disclose or post false data.
Any action aiming to collect other User information.
Any action of identity fraud of the Company, other Users, or third parties.
Any action to use other User’s account or password.
Any action of publicity, advertisement, invitation, or conduct of business over the Service without the Company’s prior approval.
Any action of offering illegal profit to antisocial forces.
Any action aiming to encounter with any unacquainted individuals in the opposite sex.
Any action against meaning and purpose of the TOS, the individual user agreement, and the Service.
Any action that directly or indirectly brings about or enables to bring about the respective items of the preceding paragraph.
Any other actions Company determines as inappropriate.

Article 14 (Withdrawal)

Users may withdraw from the Service by following the given instruction at any time. Users withdrew from the Service may not be able to use the Service from the moment of withdrawal.
In the case where liability remains against the Company at the time of withdrawal, User shall naturally lose the benefit of time pertaining to any of the said liability, and shall immediately pay for the entire liability against the Company.
Even after the withdrawal of the Service, User shall not be exempt from any responsibility and liability (including but not limited to the compensation for damage.) over the Service TOS against the Company and other third parties.
Even after User’s withdrawal from the Service, the Company may own/ use the information provided by the said User to the Company.
In the case where User withdraws from the Service, the Company may delete the said User’s account at the Company’s own discretion.
After withdrawal, Users wish to register to the Service shall go through the registration process again. After the procedure of re-entry, Users shall agree in advance that the data prior to withdrawal will not be carried over.

Article 15 (Measures Against the Violation of Agreement)

In the case where the Company determines User falls or may fall under the first of the each item as follows, at the Company’s own discretion, the Company may delete User contents such as the said User’s registered information, terminal information, etc., temporarily suspend or limit the Service, or delete the account.
- (1) When either clause of the TOS is violated.
- (2) When any or a part of the registered information provided to the Company turned out to be based on false or wrongful facts.
- (3) With regard to partner service, when User is identified with the unauthorized use of payment method designated by affiliated partner providing the said service, or when User’s payment is suspended or invalidated by a payment service company specified by the said affiliated partner.
- (4) When payment became suspended or insolvent, or when a motion is filed for commencement of bankruptcy proceedings, commencement of rehabilitation proceedings, commencement of reorganization proceedings, commencement of special liquidation proceedings, or similar proceedings as such.
- (5) In the case where User died, or received judgment for the commencement of guardian, curatorship, or assistant.
- (6) In response to Company’s inquiry or other related contacts, there is no reply in over 30 days.
- (7) Upon using the Service, if the account was suspended or removed in the past, or is in such status at the moment.
- (8) In the case where applicant is either minor, adult ward, or person under curatorship, or person under assistance without consents of legal representative, guardian, curator, or assistant.
- (9) When the Company determines the said applicant is a member of antisocial forces, participating to sustain, operate, or manage such forces by providing funds and so on, or holding some kind of interchange or participation to such forces.
- (10) When the Company determines it is necessary for operation/ maintenance of the Service.
- (11) When ID or password is illegally used.
- (12) When information and deliverables provided by the Service is illegally used.
- (13) When the account of the Service has been inactive for the 12 consecutive months after registration.
- (14) When the Company determines there is risk that User may cause damage against the Company or third party.
- (15) When the Company determines there are other reasons similar to each of the preceding items.
Even after account removal, Users shall not evade any duty or liabilities of the Service Agreement for the Company and other third parties (which includes but not limited to indemnity liability).
The Company shall not take any responsibilities about the damages caused to User by the actions the Company takes based upon this article, and may keep/ use information provided by said User after User account removal.

Article 16 (Monitoring)

At the Company’s own discretion, the Company shall monitor if Users use the Service appropriately, and Users shall agree to it.

Article 17 (Change, Addition, Abolition, and Suspension of Service)

The Company may modify or add any or a part of the Service contents without notice to Users in advance.
The Company may terminate providing/ operating any or a part of the Service with its own judgment. Upon termination of providing/ operating any or a part of the Service with its own judgment, the Company shall notify Users by the means that it judges as appropriate. However, a notification may not be sent to Users in the case of emergency.
In the case of the specified in each of the following items, the Company may entirely or temporarily suspend any or a part of the Service without notifying the Users in advance:
- (1) When a regular or emergency maintenance or repair related to the hardware, software, or communication equipment for the Service is in place.
- (2) When the access is excessive, or the load is concentrated to the system for an unexpected causes.
- (3) When Users’ security needs to be secured.
- (4) When telecommunication’s services are not provided.
- (5) When the provision of Service is difficult due to force majeure such as an act of God, etc.
- (6) When the provision of Service is difficult due to fire, blackout, other casualties, war, dispute, disturbance, riot, labor dispute, etc.
- (7) When the Service operation becomes unavailable due to laws and regulations, or measures based upon those.
- (8) When Company determines necessary in the same manner as any of the other preceding items.
Company shall not be liable for the damage to the Users in the Agreement.

Article 18 (Collection, analysis, and handling of Users related information)

The Company’s handling procedure regarding the registered information, terminal information and information related to other Users shall be in accordance with “Conyac Privacy Policy” prescribed separately, and Users shall agree the Company to handle the said information in accordance with “Conyac Privacy Policy.”
The company may use account information, terminal information, other information and data, etc. that has been provided by Users, for the purpose of provision and delivery of the Service, reformation and improvement of the Service contents, etc., or disclose as the statistical information which does not enable the identification of the specific individual at the Company’s discretion. And Users shall agree to it.
In order to understand the popularity of the Service (including the purpose of distributing the retargeting advertisement), Company collects the information of the use of this Service via Identification for Advertisers (hereinafter called “IDFA”), AdvertisingID, Cookies, or the following information collection module (it includes but not limited to browser access log) (For your information, the case includes when IDFA, Cookie, or analysis tool, etc. are used together, or when analysis tools use IDFA, Advertising ID, or Cookie.). Regarding IDFA and these information collection modules, please refer to the user policy and the privacy policy, etc. of the respective providers. Company shall take no responsibility for damages caused due to the use of IDFA, Advertising ID, Cookie, and information collection module.
Description/ Provider of Information Collection Module
- 1) Google Analytics／Google,Inc.
- 2) New Relic／New Relic, Inc
Upon User’s request for using partner service, the Company may provide affiliated partner the registered information, terminal information, and other related information of the said User that has been collected from User, within the required range of the use of the said affiliated service, and User shall agree to this.
Besides the preceding paragraph, for the purpose prescribed in Clause 2 and the purpose of affiliated service provision, the Company may provide affiliated partner and other third parties the statistical materials pertaining to the information collected/analyzed through the Service, and User shall agree to this.

Article 19 (Non-Disclosure Agreement)

“Confidential Information” in this TOS, in relation to the Service, shall mean the Company’s technology, sales force, works, financial affairs, organization, and any other items User has been provided, disclosed or has come to know by the Company in writing, orally, or recording medias. However, the following items shall not be deemed as Confidential Information:
- (1) Information that has already been held without the obligation of keeping confidential information when such information has been provided or allowed by the Company to be disclosed.
- (2) Information which becomes public known before or after receiving it due to cause attributable to the concerned party.
- (3) Information that has been legally obtained from a third party without obligation of keeping confidential information.
- (4) Information which has been independently developed notwithstanding of confidential information.
Users shall not use confidential information for the purpose other than the purpose of use of the Service, and no provision, disclosure, or leakage of confidential information to a third party shall be allowed without the Company’s written agreement in advance.
Notwithstanding the provisions of the preceding paragraph, Users may disclose confidential information based on the order, demand or request of law and regulation, court, or government body. However, in the case of said order, demand, or request arise, it has to be promptly reported to the Company.
When confidential information is reproduced, copied, or adapted, User shall gain written approval from the Company in advance, and reproductions management shall be strictly conducted in accordance with Clause 2.
Upon Company’s request, without delay, User shall follow the Company’s instruction, and return or dispose confidential information and documents that contain confidential information, and other recording media and its entire reproduction.

Article 20 (Compensation for Damage)

If a User caused damage to the Company by violating these TOS or use of the Service, such User shall compensate the Company for such damages.
In relation to the use of the Service by Users, when the Company receives any claim for injury or other reasons by other Users or other third parties, the said user shall compensate the amount the Company had to pay for the said third party based on said claims and the amount the Company paid to resolve disputes concerning the said claim (including specialists fee such as legal attorney, and the corresponding amount of the Company’s labor cost).
In relation to the Service, the Company shall not take any responsibilities to compensate for the damage caused to Users. In addition, the application of consumer contract law and other reasons, regardless of this article and other provisions to indemnify the Company's liability for damages, in case the Company assumes the liability for damages to the user, the range of the Company's liability shall be limited to direct and normal damage that occurred in reality for the reasons attributable to our responsibility.

Article 21 (Disclaimer and Non-Warranty)

The Company does not guarantee the accuracy, integrity, usability, and legality of any or all of the contents (information, data, documents, character, etc.) such as translation requests or the Translated results that have been posted, broadcasted, or offered by Accountholders through this Service. Company will not be responsible for the damage to the Accountholder or a third party through these contents.
Original text, translation results, and any contents (information, data, documents, characters, etc.) that are posted, disclosed, or provided by Client shall be disclosed to Freelancer over the Service. Also, in Conyac Market, when Client fails to not separately establish non-disclosure setting, any of requested contents, original texts, and deliverables of such translation results shall be disclosed over the Service. Due to the disclosure of any of these contents, if damage is caused to User and other third parties due to information leakage, the Company shall not be liable at all.
The Company shall not make any guarantee that User contents and third-party contents provided through the Service are legally available, that they are in compliance with the Service TOS, etc. provided by YouTube, Twitter, Facebook, and other companies, and that they do not infringe the rights of third parties etc.
Company shall not mean the Service is compatible with any communication terminals, and even though it is available at the beginning of using the Service, User shall agree that there is a possibility of defects that may be caused to the Service performance due to terminal OS version up used for the Service. In the case of such defect, the Company does not mean to guarantee the Company’s program fix, etc. shall resolve the said defect.
User shall accept any or a part of the Service may be restricted, following changes made to app store TOS of AppStore, GooglePlay, etc.
Notwithstanding interruption, suspension, termination, disability of use, change of use, deletion or disappearance of information transmitted from User through the Service, deletion or disappearance of account, defect or damage of devices, damage caused by information of User contents or third party contents, Company shall not be liable to compensate for damage caused or related to the Service.
Under the cloud environment the Company determines with the actual results, the Company shall save registered information and terminal information, etc. over the highly secure network. However, the Company shall not guarantee the complete safety, reliability, etc., and shall not take any responsibility to compensate for the damage caused by the loss of the stored registered information, terminal information, and as such.
As a general rule, the Company shall not participate communication or activities among Users. In the case of emergency where disputes or issues arise between Users, Users shall immediately notify the Company that effect, and resolve it at their own risk and cost. And the Company shall neither participate to any part of this nor take any responsibilities.
With regard to the Service, when a dispute arises among User, business partner, and other third party,User shall notify the Company that effect immediately, and resolve it at his/her own risk and cost, and the Company shall not be involved with any of this.

Article 22 (Term of Validity)

Service Agreement shall remain in effect between the Company and User during the period of the Service, from the date when User registration is completed based on the third article to the date when User unsubscribes the Service, or the date on which the said User account has been deleted, whichever the date comes first.

Article 23 (Revision of Agreement)

The Company may modify or add contents to individual term of service related to these TOS and the Service with approval of Users under the Civil Code Article 548(4). If the Company modified these TOS or an individual term of service, the Company shall inform Users of such modifications in the manner prescribed in the following article. If such modifications have been done under the Civil Code Article 548(4) and a User used the Service or does not withdraw from the Service within the period stipulated by the Company, such User shall be deemed to have agreed to such modifications on these TOS and the Service.

Article 24 (Contact/ Notification)

Notification concerning modification of TOS and contact from the Company to Users concerning the Service shall be conducted by posting on an appropriate spot within the Company website, e-mail transmission, or other means the Company recognizes as appropriate.
The Service related inquiry and other contact and notification sent from User to the Company shall be conducted by submitting a established inquiry form in an appropriate spot within the Company website, and other methods specified by the Company.
The Company may distribute advertisement, publicity, and other e-mails to User’s registered e-mail address.

Article 25 (No Assignment of the TOS, etc.)

The Service Agreement or any part of it shall not be assigned, transferred, or provided as guarantee to any third party without obtaining prior written consent of the Company (including comprehensive succession by merger, company split, etc.).
Upon transfer of business pertaining to the Service to a third-party company, status, rights, responsibilities, registered information and other User information over the Service TOS may be transferrable to assignee of the said transfer of business, and User is recognized as agreed to such transfer in this clause ahead of time. Transfer of business stated in this clause shall include the merger where the Company becomes extinct company or splitting company, and comprehensive succession due to company split.

Article 26 (Separability)

In the case where either or a part of the provisions of TOS is judged to be invalid or impossible to execute by the Consumer Contract Act and other laws and regulation, the remaining provision of TOS, and the remaining part of the provisions that were judged as invalid or impossible to execute shall continuously remain completely valid. The Company and User recognize those provisions that are invalidated or impossible to execute or its part as legitimate, and shall modify within the required range to make them executable, striving to secure the legally and economically equivalent effects for the said provisions that are invalidated or impossible to execute, or the purpose of its part.

Article 27 (Survival)

In considerations of the provisions of Articles 9, 10.2, 12, 14.2- 14.6, 15.2, 15.3, 18-20, 21.2, 24-29, and the nature of articles, regulations shall survive any expiration or termination of this Service Agreement.

Article 28 (Governing Law and Jurisdiction by Agreement)

This TOS shall, in all respects, be governed by and construed in all respects in accordance with the laws of Japan, and Tokyo District Court shall have the exclusive jurisdiction of the first instance over all disputes arising in connection with the TOS.

Article 29 (Consultation and Resolution)

Matters not stipulated in this TOS and any other ambiguities which arise in relation to this TOS shall be promptly settled through consultation in good faith by the Company and the User.

Article 30 (Effective Period for Points and Other Items)

The effective period for points the User has in possession shall be 6 months from the day of awarding. Points shall be managed using the first in, first out method, and points will be spent in chronological order from the date awarded. In cases when the effective period has passed, unused points the User possesses shall, without the need for action by the Company, automatically be terminated. The Company shall not be held responsible or liable in any way even in the event of any loss or damage arising from the termination of said points.
Please understand that with the exception of damage caused to the User as a result of deliberate or gross negligence, the Company cannot issue refunds on points and prepaid monthly costs.

Article 31 (Translation of TOS)

This TOS is based on the Japanese TOS version. If there is a disparity between the Japanese version and the English version, everything is determined from the Japanese version.

(Supplementary Provisions)
Enactment: February 9, 2013
Revision: April 10, 2013 (detail)
Revision: December 04, 2013 (detail)
Revision: February 04, 2015 (detail)
Revision: June 28, 2017 (detail)
Revision: April 10, 2019 (detail)
Revision: July 10, 2019 (detail)
Revision: April 01, 2020
End

Terms of Service (Client)

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