Terms of Service
Article 1 Application
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These Terms and Conditions shall apply to the use of the services (hereinafter referred to as the “Services”) provided by TimeLab Co., Ltd. (hereinafter referred to as the “We”) between us and the Users.
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The User shall agree to this Agreement and use the Services in accordance with the provisions of this Agreement, and the User shall be deemed to have consented to this Agreement by using the Services.
Article 2 Definition
The meanings of the terms listed in each of the following items shall be as set forth in each such item.
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“User” means any corporation, association, association or individual that has entered into an agreement with us on the use of the Services (hereinafter referred to as the “User Agreement”) with consent to the Terms and Conditions.
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“This site” means a website operated by us to provide the Services. The Services will be provided to the User via the Site or the Software as defined in the following paragraph.
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“The Software” means the Application Software created and published by us to provide the Services, including any updates, modifications, substitutes and reproductions.
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“Registration Information” means information about users as defined by us who are required to register as a prerequisite for using the Services.
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“User Information” means all information stored on the servers managed by us for the Services, communication records, and other information of the user, including registered information, information provided by us or obtained by the user through the Services.
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“Fee-charging service” means a service provided for a fee among the Services.
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“Paid users” are those who have chosen to use the paid service.
Article 3 Changes to the Terms of Use
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We may amend this Agreement from time to time as necessary, and in the event of any change to this Agreement, the contents of this Agreement as amended in this SOFTWARE shall be posted to the user.
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In the event we amend these Terms and Conditions, these Terms and Conditions shall become effective as of the date of publication of these Terms and Conditions as amended. If the User uses the Services after the change, the User shall be deemed to have consented to the amendment of the Terms and Conditions.
Article 4 Registration
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This Usage Agreement shall become effective when a person who wishes to use the Services registers the registered information and makes an application in the manner designated by us and accepts it. The Applicant shall be deemed to have consented to this Agreement upon the submission of an application in the manner designated by us by the person wishing to use the Services.
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Users may use the Services from the date we accept the application set forth in the preceding paragraph (hereinafter referred to as the “Date of Agreement”).
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If a minor wishes to use the Services, the consent of the legal representative is required. In the event a minor becomes a user, the consent of the legal representative shall be deemed to be obtained with respect to the use of the Services and the contents of these Terms and Conditions.
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We may refuse registration and re-registration if the registration applicant falls under any of the following conditions and shall not be obliged to disclose any reason whatsoever.
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When all or part of the registered matters provided to us are false, incorrect, or omitted.
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Cases where we judge that we are an anti-social force, etc. (meaning an organized crime group, an organized crime group member, a rightist group, an anti-social enemy group, or any other equivalent; the same shall apply hereinafter) or that we cooperate or participate in the maintenance, operation, or management of an anti-social force, etc. through fund provision or other means.
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If we have determined that the applicant for registration has previously violated the contract with us or has been a party to it
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Other cases where we judge registration to be inappropriate.
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Article 5 Suspension, Alteration and Termination of the Services
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We may, at our discretion, modify, add, or terminate all or any part of the Services without prior notice or notice.
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We may suspend or suspend all or part of the Services without prior notice or notice in the event of any of the following:
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In the event of a failure in the system, equipment, etc., required for the provision of the Services, or in the event maintenance, maintenance, or construction, etc., is required.
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Failure to provide services of telecommunications carriers and other third parties using the Services
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In the event it becomes difficult to provide the Services due to force majeure such as earthquake, lightning, wind and flood damage, fire, power failure, natural disaster, etc.
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In the event it becomes difficult to provide the Services due to war, civil commotion, riot, riot, labor dispute, etc.
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In the event we judge it difficult to provide the Services.
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We shall not be liable for any disadvantage or damage suffered by the User and any third party as a result of any change, addition, termination, suspension or interruption in whole or in part of the Services.
Article 6 Usage Fee and Payment Method
- The paid user will pay us the usage fee separately set forth by us in consideration of the use of the Services.
- The fee-paying user shall, in principle, pay the usage fee by the due date designated by us by the card settlement method, and we will not in any case refund the usage fee received.
- Communication expenses required for the use of the Services (including communication expenses incurred for the downloading and use of the Software) and communication equipment shall be prepared at the expense and responsibility of the user. However, this does not guarantee that the Site and the Software will operate properly in the communication devices used by the user.
Article 7 User ID, etc.
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The User shall strictly control the user ID (e-mail address) and user password (hereinafter referred to as “User ID, etc.”) specified when applying for the Service under his/her own responsibility and shall be responsible for any and all actions taken using them.
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The User shall not use, lend, transfer, change the name, trade, or otherwise use or loan the User ID, etc. to a third party.
Article 8 Prohibited Matters
Users shall not engage in any of the following acts with respect to the Services.
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Act of registering false information with us
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Acts contrary to laws and regulations or public order and morality
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Acts that disrupt or interfere with the functionality of our servers or networks
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Acts of unauthorized access to the System and alteration or deletion of information
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Acts that interfere with the operation of us or the Services
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Acts that infringe upon the intellectual property rights, portrait rights, privacy, reputation or other rights or interests of us, other users of the Services or third parties
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Acts of using information and services provided by the Services for purposes other than the use of the Services
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To act more and more as we or other users or other third parties
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Joint use of user IDs, etc. by multiple users
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In addition to the above, any act that we judge inappropriate.
Article 9 Termination of Services by Users
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After the commencement of this service, we shall carry out the cancellation procedure in the prescribed manner, and the terms of use of this service shall be cancelled in accordance with the applicable cancellation procedure. In this case, the cancellation shall confirm the cancellation notice from us at our own responsibility.
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We will not refund the usage fee already received even if the user cancels the contract in accordance with the preceding clause.
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We shall not be obliged to back up or otherwise store the registration information of the cancelled user.
Article 10 Suspension of user ID and deletion of registration, etc.
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We may temporarily suspend the User ID of such User or cancel the User Registration as a User without prior notice or demand in the event that the User falls under or is deemed likely to fall under any of the following items.
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In the event of any breach of any of the provisions of this Terms of Use
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Where it is found that there is a false fact in the registration matters.
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In the event of suspension of payment or insolvency or a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation proceedings, or similar proceedings
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If there is no response for more than 30 days to our inquiry or other reply
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In the event we judge it inappropriate to use the Services, register as a user, or renew the service usage agreement.
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In the event of any of the events in the preceding paragraph, the User shall naturally lose the benefit of term for all obligations owed to us and shall immediately pay us all debts.
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We shall not be obliged to back up or otherwise store information on users whose registration has been deleted.
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We will not be liable for any damage caused to the User by any act done by us under this Section, except by our willful misconduct or gross negligence.
Article 11 Handling of User Information
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The handling of personal information by the user shall be in accordance with our privacy policy in addition to these Terms of Use.
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We shall be able to use and disclose, at our discretion, the registered information and other information and data provided to us by users as statistical information in a form that cannot identify individuals or users.
Article 12 Compensation for Damages
The User must immediately compensate or compensate for any damage, loss or expense (including attorney’s fees) that we incur directly or indirectly due to the User’s use of the Services in contravention of any law or these Terms of Use (including any claim to that effect from a third party).
Article 13 Disclaimer
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We shall not be liable for any damage caused to the User due to the Services. Provided, however, that this shall not apply to the case where the contract between us and the user (including the Terms of Use) relating to the Services becomes a consumer contract as set forth in the Consumer Contract Act.
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Notwithstanding the provisions of the proviso to the preceding paragraph, we shall not be liable for any damage caused to users due to default or tort caused by our negligence (excluding gross negligence; hereinafter the same shall apply in this paragraph) due to special circumstances (including the case where we or the user can foresee or foresee the occurrence of damage).
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Compensation for damages incurred by the User as a result of our negligent default or tort shall be limited to the total amount of the Usage Fee we received in the month in which such damage occurred from such User.
Article 14 Assignment of Contract Status
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Users may not assign, transfer, pledge, or otherwise dispose of their contractual status with us or any rights or obligations under the Terms of Use to any third party without our prior written consent.
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In the event that any business relating to the Services is transferred to another company, we may transfer to the assignee of such business transfer the contractual status with the user upon such business transfer, rights and obligations under the Usage Agreement, registration information of the user, and other information, and the user shall agree in advance to such transfer in this section. The transfer of business as set forth in this section shall include not only the transfer of ordinary business, but also all cases where the Company Split or any other business is transferred.
Article 15 Intellectual Property Rights
All intellectual property rights relating to the Services, including copyrights, moral rights of copyright, patent rights, utility model rights, design rights, trademark rights, and publicity rights, belong to us and a third party who is a legitimate right holder, and the establishment of this exploitation agreement does not mean the license to exploit the intellectual property rights beyond the scope necessary for the use of the Services.
Article 16 Notice/Notice
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Notices, notices and other communications from us to the Users with respect to the Services will be made by posting them on the website operated by us at the appropriate location, or by such other means as we deem appropriate.
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Notices or communications from users to us with respect to the Services will be made by submitting an inquiry form or in the manner we designate, which will be located at the appropriate location on the website operated by us.
Section 17 Governing Law and Jurisdictional Courts
This Agreement and the Service Use Agreement shall be governed by the laws of Japan. The Osaka District Court shall be the exclusive jurisdictional court of first instance with respect to any and all disputes relating to these Terms and Conditions or the Service Utilization Agreement.