- 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 Agreement,
This shall mean the general term of the membership services provided by the Company such as Conyac market, Translation Conyac, etc. set forth below:
This shall mean the outsourcing platform service provided by the Company that enables client conducting business consignment to freelancer.
This shall mean the service provided by the Company that enables client requesting translation work to freelancer and the Company.
It shall mean the contractual relationship regarding 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 (documents the Company distributes, transmits, or posts related to TOS and Service are called hereinafter as “Individual TOS” as a general term.)
This shall mean companies, organizations, or individuals which have agreed to and concluded the TOS of the Company including the Conyac TOS and “Conyac Terms of Service (Client)”.
This shall mean Users of the service provided by the Company that wish to request or have requested an outsourcing contract or translation business with the Company or Freelancer.
This shall mean Users of the service provided by the Company that wish to entrust or have entrusted an outsourcing contract or translation business with the Company.
This shall mean companies, organizations, or individuals that wish to use the Service.
This shall mean user registration by individuals that wish to register with the service provided by the Company in accordance with Article 3.
This shall mean the concerned information deemed as necessary information stipulated by the Company at the time of User Registration or provided by Users or individuals that wish to register while using the service in addition to any information added or edited by the User.
This shall mean the accessible information (including but not limited to text, pictures, video, audio, music or other misc. sound, images, software, programs, and code or other misc. data) through the service provided by the Company.
This shall mean contents Users posts via the Service and transmits by other methods.
This shall mean codes employed to distinguish User from others in combination with a password.
This shall mean codes employed to distinguish User from others in combination with an account.
This shall mean the domain is conyac.cc, and the website related to the Service operated by the Company (regardless of 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 right (it includes the right for obtaining those rights, or applying for the registration of these rights.).
- “The Service”
- 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 (1) and (2) 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.
- When registration is completed 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 eligible using the Service according to the Service established by the Company.
The Company may reject to register an applicant requested to register based on Paragraph 1 who falls under any of the following items:
- (1) When any or a part of the registered information provided to the Company 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 stewardships, or person under assistance without consents of legal representative, guardian, steward, 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 misrepresentation, error in writing, or omission of the registered information, the Company shall take no responsibility.
- When changes occurred to the registered information, User shall notify the said changes to the Company, and submit documents requested by the Company within 14 days.
- 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)
- Users shall administer or store 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 own 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, only those clients who 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 aims to help client and freelancer concluding operating agreement (hereinafter called Market Agreement) directly, however the Company shall not become the concerned party of the transaction.
- When freelancer undertakes jobs from client through Conyac Market, the form of agreement will be conclusion of operating agreement, and upon performing fiduciary business, freelancer shall not be able to receive from client of 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.
- In the case where freelancer performs client’s business undertaking at Conyac Market, client and freelancer shall conclude operating agreement between the concerned parties in Conyac Market, when job contents, reward amount, period and other content of agreement are fixed, and the wish of implementation along such contents are confirmed by both of the concerned parties of this transaction.
- In the case where the preceding clause has been concluded, as stipulated in Article 8 Clause 1 regarding the renumeration payment office of the freelancer from the client, remuneration payment office shall be handled by the Company representing the client based on the Market Agreement.
- As stipulated in Article 8 Clause 1, once the Company has confirmed a remittance request by the client and, based on clause 1 of this Article’s Market Agreement, freelancer begins work and the final product has been delivered to the client within the designated time period, the client will inspect the delivered results and is obliged to report inspection results (passed or not passed) to the freelancer. In the case where a 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 the client shall be responsible to report that effect to the Company at that time.
- As a general rule, content of the contract after Market contract formation shall not be changed 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.
- Based on the preceding clause, in the case where content of agreement is modified or cancelled, 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 does 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)
- Freelancer may enter into a continued project agreement (hereinafter called “Market Basic Agreement”) with a Client on Conyac Market for the purpose of ordering and receiving an order for ongoing project and may receive 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 an order is placed for an individual task, Freelancer shall agree that the renumeration payment from the Client will be handled by the Company on behalf of the Client as stipulated in Article 8 Clause 1.
- Once the Company has confirmed a Remittance Request as stipulated in Article 8, 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 receiving 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 (Use of Translation Conyac)
- Through Translation Conyac, the Company recommissions translation works to freelancers that is entrusted by Client, and this recommissioning agreement shall be contract between the Company and Freelancer.
- Any expenses recognized as required for job performance at Translation Conyac shall be paid by Freelancer.
- Unless otherwise agreed by the Company in writing, Freelancer shall not recommission any or a part of translation work to third party.
- Upon submission of deliverable by Freelancer, the Company shall inspect the said deliverable. Upon inspection, Freelancer shall agree Trustee of the Company may perform inspection as well.
- Regarding inspection as prescribed in the preceding paragraph, when pass judgment is given, the Company shall be responsible to pay Freelancer the amount agreed separately between the concerned parties, as the reward pertaining to Translation Conyac. Also, the concrete payment period and method shall be in accordance with the provision in Article 8.
- In the case where deliverable is judged as failed in inspection with the provision of Clause 4, Freelancer shall agree to deliver rectification of defects.
- Freelancer shall transfer the entire authorities (including the authorities prescribed in Article 27 and Article 28 of the copyright law) regarding deliverables, and agrees to not exercise the author's personal rights against the Company and successor of the rights pertaining to deliverables.
- Article 8 (Payment Procedure)
Payment period and method of transaction reward pertaining to Conyac Market shall be as follows: However, as prescribed in this clause, the payment 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) In the case that a Remittance Request to the Company has been made by a client, the Company will, in regards to the Freelancer through a separately designated period or method of the Company, from the paid amount by a separately stipulated freelancer handling fee or tax exemption amount, from said handling fee, in accordance with the separately stipulated method, make payment on behalf of the Client. However, until the client inspects the deliverables, approves them, and notifies the Company of the inspection result, the Company shall not pay the same payment to the freelancer.
- Payment of transaction reward pertaining to Translation Conyac shall be issued within a week from when pass judgment is given at inspection prescribed in Article 7 Clause 4.
- Bank transfer fee of the Company for freelancer shall be paid by freelancer.
- A concerned party of Market Agreement or Market Basic Agreement shall not directly receive rewards on any transactions on Conyac Market.
In the case of the following items, regardless of the provisions of the TOS, the Company based on this Article, will not perform payment agency duties, and, regarding reward equivalent to the remittance request, may repay it to the Client after deducting the written cancellation charge. However, bank transfer fee upon refund is paid by Client.
- (1) Prior to completion of work, when either concerned party of Market Agreement or Market Basic Agreement expresses to the other party the will to suspend or terminate the work, the other party fails to express the will to approve or disapprove within a week, and the Company confirms of the concerning will..
- (2) When the transaction is cancelled by the mutual agreement of the concerned parties of Market agreement or Market Basic Agreement, and the Company was able to make such confirmation from both of the concerned parties.
- (3) 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) In the case of others where the Company determines reserving remittance requests is inappropriate.
- After issuing payment or refund based on this Article, the Company shall not be responsible for any payments of concerned parties’ rewards, etc.
- In the case where, regardless of whether remittance formalities for rewards and other such items for the Freelancer have been completed by the Company, the Freelancer does not receive said reward (including cases where said reward cannot be received for reasons owing to the responsibilities of the Freelancer such as the Freelancer incorrectly registering information required for the receiving of rewards), and more than one (1) year has passed since the date remittance formalities have been completed by the Company, by passing said timeframe, the right for the Freelancer to request money payment from the Company as cited in Item 1, Point 2 shall rightfully be terminated.
- Payment period and method of transaction reward pertaining to Conyac Market shall be as follows: However, as prescribed in this clause, the payment work of the reward from Client to Freelancer shall be acted by the Company commissioned by Client.
- Article 9 (Contact between Users)
- Contact between Users shall be held within the Service as a general rule, however 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 8 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 10 (Outsourcing Compliance)
- With regard to transaction of the Service between Users, Users shall observe any laws and regulations concerning the transaction.
- Article 11 (Intellectual Property Right)
- The Company can 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 12 (Prohibitions)
Upon using the Service (including the affiliated services, hereinafter remains the same), Company prohibits the following when using the Service.
- (1) Illegal activity, criminal activity, triggering and contributing to self-inflicting activities such as suicide.
- (2) Any action slandering other Users or churning up other Users with lubricious substances.
- (3) Any action offending public order and morals.
- (4) Any action infringing or likely infringing rights such as intellectual property rights, portrait rights and publicity rights of User, a third party, and Company.
(5) 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:
- Information of personal information/ privacy infringement
- Information contain excessively violent or cruel expressions
- Any action using or broadcasting harmful programs such as a computer virus through the Service.
- Any expression or act that may make others feel repulsive such as slanderous defamation or immoral content
- Any expression or action slandering or defamation
- 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.
- (6) Reproduction of translation result obtained from machine translation such as translation sites or FAQ sites.
- (7) Reverse engineering
- (8) Any action breaking or making a glitch in the Service or the hardware connected to the Service such as servers, network, or software.
- (9) Any action such as illegal access to general system connected to the Service without authority, illegally overwrite or delete information accumulated to the Company’s facility, or others causing damage to the Company.
- (10) Any action to intentionally disclose or post false data.
- (11) Any action aiming to collect other User information.
- (12) Any action of identity fraud of the Company, other Users, or third parties.
- (13) Any action to use other User’s account or password.
- (14) Any action of publicity, advertisement, invitation, or conduct of business over the Service without the Company’s prior approval.
- (15) Any action of offering illegal profit to antisocial forces.
- (16) Any action aiming to encounter with any unacquainted individuals of the opposite sex.
- (17) Any action against meaning and purpose of the TOS, the individual user agreement, and the Service.
- (18) Any action that directly or indirectly brings about or enables to bring about the respective items of the preceding paragraph .
- (19) Any other actions Company determines as inappropriate.
- Article 13 (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 and 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 that the data prior to withdrawal will not be carried over.
- Article 14 (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, stewardship, 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 stewardships, or person under assistance without consents of legal representative, guardian, steward, 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 or 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 and use information provided by said User after User account removal.
- 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.
- Article 15 (Monitoring)
- At the Company’s own discretion, the Company shall monitor if Users use the Service appropriately, and Users shall agree to it.
- Article 16 (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 or operating any or a part of the Service with its own judgment. Upon termination of providing or 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 holds no responsibility for the damage to the Users in the Agreement.
- Article 17 (Collection, analysis, and handling of Users related information)
- 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.
Description / Provider of Information Collection Module
- A) Google Analytics／Google,Inc.
- B) 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 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 18 (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 regardless 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.
- “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:
- Article 19 (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 20 (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.
- The user shall be forewarned that the Company does not guarantee that the service is compatible with all the communication terminals. Also, even if the service is compatible at the start of the service, OS's version up etc. on the terminal to be subjected to the use of this service may cause a defect on 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.
- The Company shall not be held responsible for any damages caused by interruption, stop, unavailability, or modification of this service, deletion or loss of information sent by the user through the service, deletion or loss of account, equipment failure or damage, damages caused by information such as user contents or third-party contents and other damages caused by the service or in relationship to it.
- Under the cloud environment the Company determines with the actual results, the Company shall save registered information and terminal information, etc. over the highly-secured 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 21 (Term of Validity)
- Service use agreement shall remain in effect between the Company and the user during the period of the service, from the date when use registration is completed based on the third article to the date when user unsubscribes the service, or the date on which the account of the user has been deleted, whichever is early.
- Article 22 (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 23 (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 an 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 24 (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 transferable 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 25 (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 26 (Survival)
- In considerations of the provisions of Articles 8, 9.2, 11, 14.2- 14.6, 15.2- 15.3, 19- 21, and 25- 28, and the nature of articles, regulations shall survive any expiration or termination of this Service Agreement.
- Article 27 (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 28 (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 29 (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.
- (Supplemental Provisions)
- Enactment: April 6, 2009
- Revision: July 28, 2009
- Revision: February 1, 2011
- Revision: January 10, 2012
- Revision: April 16, 2012
- Revision: August 10, 2012
- 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