Established July 4, 2020

Revised on July 14, 2021
Revised on Oct 1, 2021

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These I'mbesideyou Terms and Conditions of Use (hereinafter referred to as the "These Terms of Use") shall apply to all users of all services provided by I'mbesideyou Inc. (hereinafter referred to as the "We" "our" "us") ( general term of Services and Software Provided by Us), and the users shall also agree to the terms and conditions of use (irrespective of the terms and conditions of use, including the terms and conditions of use (irrespective of the terms and conditions of use, the use guide, or other names)) separately set forth in addition to These Terms of Use when using the various services provided by Us.

 

1. Using our services

You can use our service by agreeing to These Terms of Use. With respect to the services provided by Us free of charge, it shall be deemed that These Terms of Use are consented to the actual use of the services in lieu of the procedures for obtaining consent from you.

 

2. Guarantee and Change of Service Content

We does not warrant that the content of the services provided will be free from programming errors or other defects, that they will be fit for a particular purpose, or that the results of use will be complete, correct, accurate, usable, and lawful. In addition, We shall be entitled to change the content and specifications of the service, suspend the provision of the service, or suspend the provision of the service without prior notice to the user.

 

3. To register as a user

The user shall register our services that require user registration for use with the approval of the following items.

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(1) To apply for the registration of use in a manner prescribed by Us voluntarily and responsibly

(2) Ensuring that true and accurate information is registered

 

4. Issuance of ID and password

We shall issue IDs and passwords (hereinafter referred to as "ID, etc.") for use of our services when the user registers with the user and meets our standards.

 

5. Responsibilities of users Regarding ID and Password, etc.

In the event the user is logged in by a predetermined authentication method that identifies the user (including, but not limited to, authentication by matching the code that is uniquely assigned to each telephone number sent from an external service provider with the registration information) We shall be deemed to be used by the user himself/herself.

 

6. Restrictions on Use of Services

We may refuse or restrict the use of any member of any anti-social force (including any former member) or its affiliates, or any person who misuses the services or causes inconvenience to a third party.

 

7. Control of user registration information

When using the service, users are required to revise or update the registered contents so that they are up to date.

 

8. Matters to be Observed When Using Services

When using our services, the following activities (including activities that induce or prepare for such activities) are prohibited.

 

(1) Acts in violation of the laws and regulations of the country or region where the user is located in Japan or at the time of use

(2) Posting, posting, disclosing, providing, or transmitting (collectively referred to as "Posting, etc.") anything that is contrary to social norms, public order, or morality, infringes upon the rights of others, or is inconvenient to others.

(3) Acts that involve Posting, etc. such as programs that destroy or interfere with the functions of software, hardware, etc. used by other users.

(4) Acts that destroy or interfere with the functions of our servers or networks

(5) Our services, ads distributed by us, or services or acts that interfere with advertising provided on our websites

(6) Collection and accumulation of personal information, historical information, and characteristic information (as defined in Chapter 2 Privacy Policy) of other users without permission

(7) The act of using a service for a purpose different from the original purpose of providing the service in light of the purpose of provision.

(8) Use of services using ID, etc. of other users

(9) Acquiring ID, etc. from others or disclosing or providing ID, etc. to others in any manner whatsoever.

(10) Conduct that provides direct or indirect benefits to anti-social forces in connection with our services.

 

9. Prohibition of Reuse of our Services, etc.

In the event a user uses our Services or the data comprising them beyond the purpose for which such services are provided, We shall have the right to prohibit such acts and the right to claim an amount equivalent to the benefits obtained by the user from such acts.

 

10. Indemnification against us

If We incurs expenses in connection with a claim arising from the user's actions or pays compensation, etc., the user shall bear the expenses, compensation, etc. paid by us (including attorneys' fees paid by us).

 

11. Intellectual Property Rights

Any and all rights to the technology, design, works, know-how, etc. used or disclosed in the provision of our services shall belong to us or any person who has granted a license. Except as permitted by law, the user shall not use such rights without our permission.

 

12. Handling of Customer Data and Content

We shall not be obliged to back up the data stored by the user in the server managed by us, and the user shall back up the data himself/herself. In the event the need arises for maintenance or improvement of our service, We shall be entitled to copy the data stored by the user on the server managed by us to the extent required for maintenance or improvement of the service.

 

13. Publication of Advertisements

We shall be entitled to place advertisements of us or a third party who has requested us to place advertisements on the services provided by us.

 

14. About deactivating services and deleting IDs

In order to properly operate the services provided, We may take measures such as restricting the use of all or part of the services or deleting the user's registration without prior notice in the following cases. In addition, if a user has more than one user registrations, measures may be taken for all such user registrations.

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(1) Where the user has violated or is deemed by us likely to violate any of the provisions of These Terms of Use.

(2) In the event of a delay in the payment of the price paid to us

(3) Where We determines that the user's credit concerns have occurred, for example, when the user receives a petition for bankruptcy or civil rehabilitation proceedings, or the user himself/herself files such petition.

(4) Where We determines that a user registration has been, or is likely to be, registered by an anti-social force or its members or affiliates or that ID, etc. issued has been, or is likely to be, used improperly.

(5) The user has not used ID, etc. or certain services for a certain period.

(6) In the event We determines that it is difficult to maintain a contractual relationship between us and the user, such as in the event of loss of a trusting relationship with the user.

 

15. Disclaimer

(1) The external site linked to the third party's advertising posted on the services provided by us does not be managed and operated by us, and We shall not be responsible for the legality, morality, reliability, accuracy, changes to the site, renewal, etc. of the contents thereof. In addition, the fact that an external site is linked from our service does not imply that there is any commercial relationship between us and the external site.

(2) We shall be exempted from liability for damages caused by our default or tort if such damages are not caused intentionally or by gross negligence on the part of us.

(3) We shall not be responsible for providing the Services on the premise that the client appropriately manages the personal information and accepts the use of the information from the user related to the use of the Services in accordance with the Act.

 

16. Relationship between Individual Service Terms and Conditions

For certain our services, there may be service-specific terms of use in addition to These Terms of Use.

In the event that the service-specific terms of use, including the terms of use stipulated in These Terms of Use and the Individual Service, differ from each other, the service-specific terms of use with respect to such service shall prevail over These Terms of Use unless otherwise stipulated.

 

17. Changes to the Terms and Conditions of Use

We shall be entitled to amend These Terms of Use (including the rules and regulations concerning the Services posted on our website; hereinafter the same shall apply in this paragraph). In the event We changes These Terms of Use, it shall notify the details of the change and the effective time of the change in the manner prescribed by us no later than the effective time. In the event the registered user uses the Services after the effective date of the notice, the registered user shall be deemed to have agreed to the amendment of These Terms of Use.

 

18. Notice or Contact

If the user wishes to contact us, he or she shall do so through an inquiry page established by us or by e-mail addressed to the e-mail address specified by us.

In principle, We respond to inquiries from users via e-mail only.

 

19. Prohibition of Transfer of Rights and Obligations, etc.

With respect to all contracts under These Terms of Use, the user may not assign its contractual status and all or part of its rights and obligations arising therefrom to any third party without the prior written consent of us.

 

20. Restrictions on the use of software

In These Terms of Use, Software means the application programs (including programs such as widgets), application programming interfaces (APIs) for our web services, development tools (including services such as our web services provided through them), software required for use of services provided by us, such as viewers of content, and all other software (including updates, modifications, substitutions and copies) provided by us.

Software also includes software that users can develop by themselves using them. Customer shall be solely responsible for software components developed by Customer using such software (hereinafter referred to as "Development software").

We shall be entitled, at its discretion, to restrict the use of the Software or certain functions at any time (for example, by restricting the number of times our services are accessed access times, etc. through the Software), without notifying the user.

In addition, the provision of software support and modifications (including updates) shall be made at the discretion of us and may be terminated without prior notice to the user.

 

21. Software compliance

The following actions are prohibited when using the software.

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(1) Reverse engineering, disassembly, or otherwise decoding source code

(2) Use of software to control equipment that may pose a serious risk to human life, body, or property.

(3) Using the Software or Development software for consideration or having a third party use the Software or Development software

(4) To sell, lease and license the Software without prior consent in written or otherwise designated by us

(5) Use of the Software for a usage that exceeds the reasonably required number or abuses the Software, or that does not comply with the instructions and other rules set forth by us with respect to the use of the Software.

(6) Use of the Software in a manner which We deems inappropriate for the purpose of providing the Software or the use of the Software in a manner which is not in accordance with the purpose for which the software is provided.

 

22. No Warranty

We make no warranty as to the software it provides as to the absence, reliability, accuracy, completeness or validity of errors, bugs, logical errors, failures, interruptions or other defects.

The Software, express or implied, is provided in the possession of us at the time of its provision and makes no warranty as to fitness for a particular purpose, utility (benefits), security, title or noninfringement.

 

23. Special Provisions on API

The following special conditions apply to the use of APIs provided by us.

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・ If you develop software using APIs provided by us, you must comply with the Credit Layout Guidelines and Credit Layout Rules.

・ The user must attach an application ID, etc. specified by us to Development software to identify the development software . The application ID, etc. will be sent to us when Development software developed by the user is used.

 

24. Establishment of Contract of use

In the event the user submits a purchase order regarding the use of the Services to us and notifies the user that We accepts the order, a contract regarding the use of the Services (hereinafter referred to as the "Contract of use") shall be concluded between the user and us, and the user shall be entitled to use the Services in accordance with These Terms of Use during the term of validity of Contract of use.

 

25. Usage Fee and Payment Method

(1) In consideration of the use of the Services, the user shall pay the usage fee calculated by us in accordance with the calculation methods described in the purchase order submitted by the user to us and the consumption tax (including local consumption tax) related thereto by transfer to the account designated by us by the date designated by us. The user shall bear the transfer fee and other expenses necessary for payment.

(2) Even in the event the use of the Service is discontinued or Contract of use is terminated during the term of validity of Contract of use stipulated in Article 32 [AZX2] , the usage fee shall not be reduced or refunded.

(3) In the event of a delay in the payment of the usage fee, the user shall pay to us a delinquency charge at the rate of 14.6% per annum from the day following the due date for the payment of the applicable obligation until the day when the payment is made to the account designated by us.

 

26. Issuance and control of ID, etc.

(1) The user shall be entitled to issue IDs and passwords (hereinafter referred to as "ID, etc.") to be used by the officers, employees, and other persons who are eligible for use in the Service Contract of use who are duly authorized by the user.

(2) The user shall not allow third parties other than those who are eligible to use ID, etc. to use it, or shall not lease, transfer, change the name, sell or purchase it.

(3) The user shall be solely responsible for the use and control of ID, etc., and We shall not be responsible for the use of ID, etc. by any third party.

(4) In the event that a user discloses access information such as ID and password of another service in order to improve the user's own convenience and our service, We shall be able to use such information for the purpose described in this clause.

 

27. Sharing of Facilities, etc.

(1) Preparation and maintenance of computers, software, other equipment, and other communication environments necessary for receiving the provision of the Services shall be at the expense and responsibility of the user.

(2) The user shall take security measures, such as preventing computer viruses from being infected, unauthorized access, and preventing information leakage, at his/her own expense and responsibility, in accordance with the usage environment of our services.

(3) When installing the Software, etc. on the user's computer, etc., by downloading from our website or by other means at the time of commencing the use of the Service or during the use of the Service, the user shall pay sufficient attention not to cause the information held by the user to be lost or altered, or the equipment to be damaged or broken, and We shall not be liable for such damage incurred by the user.

 

28. Affiliation of Rights

All ownership and intellectual property rights relating to the Services (including copyright, patent right, utility model right, design right, trademark right, right to apply for registration, etc., and other know-how and technical information, etc.; the same shall apply hereinafter) belong to us or the person who has granted a license to us, and the license to use the Services hereunder shall not mean the license to use the intellectual property rights of us or the person who has granted a license to us related to the Services. The user shall not engage in any conduct (including, without limitation, disassembly, decomplication, reverse engineering) that is likely to infringe the Intellectual Property Rights of us or any person who has licensed us for any reason whatsoever.

 

29. Rights to user data

The rights of the data provided by the user belong to the user. In the Service, the Company analyzes user data based on consignment from the user and displays the results. Personal information contained in the User Data shall be provided by the Company based on the consignment of the analysis of the User Data from the User (including the consignment of the Company to extract and use statistical information from the User Data in a manner determined by the Company in order to improve the quality of the Service provided to the User).

When a user delivers user data including personal information to our company by uploading it on this service or by other means, the user shall be deemed to have entrusted the handling of personal information to our company for the use of this service. When a user entrusts the handling of personal information to the Company, the user shall guarantee that the user himself/herself has followed the procedures stipulated in the Personal Information Protection Law and other laws and regulations.

The Company will handle personal information entrusted by users strictly in accordance with the Personal Information Protection Law and other related laws and regulations, as well as the Company's separately established privacy policy (hereinafter referred to as the "Privacy Policy"). The Company will handle personal information entrusted by users strictly in accordance with the Personal Information Protection Law and other related laws and regulations, and the privacy policy separately stipulated by the Company (hereinafter referred to as "Privacy Policy").

The Company will appoint a person in charge of the management of personal information entrusted by users and take necessary and appropriate measures to prevent leakage, loss, or damage and to otherwise safely manage personal information. In addition, in the event that an accident such as leakage, loss, or damage occurs with regard to personal information entrusted by a user, the Company shall promptly report the fact to the supervising authority and the user in accordance with laws and regulations, investigate the cause, and take necessary measures to prevent the accident from spreading.

Users shall grant permission to the Company to freely use statistical information extracted from user data that does not identify specific individuals, to the extent legally possible, for the purpose of improving the quality of services provided or to be provided by the Company, including the Service, informing users about these services, making public announcements, and in all other ways. The Company shall be permitted to use the information in any way it pleases.

 

30. Confidentiality

(1) "Confidential Information" means all information relating to the technical, sales, business, financial, organizational, or other matters of us or the user that has been provided or disclosed in writing, orally, or through a recording medium, etc., or that has become known to the other party in connection with Contract of use or use of the Services, or that is related to the technology, sales, business, finance, organization, or other matters of the user. Provided, however, that the following shall be excluded from Confidential Information: ① Information that was or was generally known to the public at the time of provision or disclosure; ② Information that became publicly known through publications or other means after provision or disclosure or became known to the public based on reasons not attributable to the recipient; ③ Information that was lawfully obtained from a third party who is authorized to provide or disclose the information; ④ Information that was independently developed without Confidential Information; and ⑤ Information that was confirmed in writing by the other party to the effect that confidentiality is not required.

(2) We shall use Confidential Information only for the purpose of providing the Services and shall not provide, disclose or divulge Confidential Information of the users to third parties without the written consent of the users.

(3) The user shall use Confidential Information only for the purpose of using the Services and shall not provide, disclose or divulge our Confidential Information to any third party without the written approval of us.

(4) Notwithstanding the provisions of the preceding two paragraphs, We or the user may disclose Confidential Information in accordance with any order, demand or request of law, court or governmental agency. Provided, however, that the user shall promptly notify us of any such order, request, or request to the user.

(5) We or the user shall obtain the prior written consent of the other party when reproducing documents or magnetic recording media containing Confidential Information except when reproduction, etc. occurs within the Services, and shall strictly manage reproductions in accordance with the provisions of Clauses 2 and 3 of this article.

(6) The user must, whenever requested by us, return or destroy Confidential Information and any written or other recording media containing Confidential Information and all copies thereof in accordance with the instructions of us without delay.

 

31. DISCLAIMER AND DISCLAIMER OF WARRANTIES

(1) We provide the Services “as is” basis and We does not warrant the Services, including, but not limited to, fitness for a particular purpose, commercial utility, integrity, and continuity.

(2) Even if the user obtains any information directly or indirectly from us through the Service, We does not guarantee the user anything beyond what is provided for in These Terms of Use.

(3) The user shall investigate whether or not the use of the Service violates the laws and regulations applicable to the user and the internal rules of the trade association based on his/her own responsibility and expense, and We shall not guarantee that the use of the Service by the user complies with the laws and regulations applicable to the user or the internal rules of the trade association.

(4) Any transactions, communications, disputes, etc., arising between the user and other users, customers' business partners, their candidates, or other third parties in connection with the Services shall be handled and settled at the user's responsibility, and We shall not be responsible for such matters.

(5) We shall not be liable to compensate for any damage incurred by the customer in connection with the Services, including, but not limited to, interruption, suspension, termination, unavailability or change of the provision of the Services, deletion or loss of messages or information of the user, cancellation of the user's registration, loss of data due to the use of the Services, failure or damage to the equipment, or any other damage incurred by the customer in connection with the Services. In addition, in the event We are liable to the user for damages by any applicable laws and regulations or any other reason notwithstanding this clause or the provisions exempting us from liability for damages, our liability for damages shall be limited to the aggregate amount of the Service-use Fee between us and the user (in the event the term of the Agreement exceeds one year, the amount equivalent to twelve months).

 

32. Term of validity

Contract of use between us and the user with respect to the Services shall become effective as of the date on which ID, etc. for the Services is issued by us to the user and shall continue in effect during the term of validity stipulated in the Purchase Order submitted by the user to us. In the event neither We nor the user notifies the other party that they will refuse renewal one month prior to the expiration of the valid period, Contract of use shall be automatically renewed for one month and the same shall apply thereafter. Conditions after renewal shall be the same as those before renewal if the validity period before renewal is one month or less, and shall be the conditions after renewal as prescribed by us if the validity period before renewal is one year or more.

Notwithstanding the foregoing, Agreement of use shall automatically terminate if the user removes the registration in accordance with the Terms and Conditions.

 

33. Governing law and jurisdiction

The laws of Japan shall govern the formation, entry into force and These Terms of Use of contracts based on These Terms of Use.

The Tokyo District Court shall be the exclusive jurisdictional court of the first instance for any dispute between us and the user arising out of or in connection with our services (including, but not limited to, posting data and advertising by other users).

 

34. Restrictions on application of the Terms and Conditions of se

In the event that the provisions of These Terms of Use are deemed to be contrary to the applicable laws and regulations in the contract based on These Terms of Use with the user, such provisions shall not apply to the contract with the customer to the extent such provisions are applicable. Provided, however, that this shall not affect the validity of any other provisions of These Terms of Use.

 

35. Entire Agreement

These Terms of Use constitutes the entire agreement between We and the user with respect to the matters contained herein and supersedes any prior agreements, representations and understandings, whether oral or written, between us and the user with respect to and the matters contained herein.