TAISY Terms of service | 株式会社funky jump

TAISY Terms of service

　These terms and conditions (“Terms of Service”) apply to the Service (“Service”, as defined in Article 1) provided by funky jump Inc. (“the Company”) used by all customers (“Users”). You may not use the Service unless you agree to the Terms of Service.

Definition

The definitions of terms used in the Terms of Service are as follows

Service	The “TAISY” application and all applications related to the “TAISY” application provided by the Company, as well as the accompanying website and web applications.
Content	The generic term for text, sound, still images, video, software programs, code, etc. (including posted information), provided on the Service.
Application	The “TAISY” smartphone application provided by the Company.
Applicant	A person who wishes to use the Service.
User	A person who completes the registration and uses the Service as set forth in Article 3.
User ID	A string of characters unique to each User for the use of the Service.
Password	A cipher set uniquely by the User corresponding to an ID.
Submission Data	Content posted or otherwise transmitted by the User using the Service (including but not limited to text, images, video, audio, and other data).
Intellectual property rights	Copyrights, patent rights, utility model rights, design rights, trademark rights and other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights).
Our Website	Website with the domain “@funkyjump.co.jp” operated by the Company (if the domain or content of Our Website is changed for any reason, this includes the website after such change).
Terms of Service	These “TAISY” Terms of Service.

Applicability
The purpose of the Terms of Service is to define the conditions of provision of the Service and the relationship of rights and obligations between the Company and the User with respect to the use of the Service and shall apply to all relationships between the User and the Company with respect to the use of the Service.
The rules regarding the use of the Service published by the Company on Our Website, all caveats provided within the Service, and agreements separately entered into between the Company and Users in using the Service (“Related Rules”) shall constitute a part of the Terms of Service and must be complied with.
In the event of any discrepancy between the Terms of Service and Related Rules or other agreements outside of the Terms of Service, the provisions of the Terms of Service shall prevail unless otherwise specified in Related Rules.

Eligibility for Service use
An Applicant may apply for registration to use the Service by agreeing to abide by the Terms of Service and providing the Company with certain information (“Registration Information”) as determined by the Company in a manner determined by the Company.
The Company will determine whether or not to register the Applicant who has applied for registration based on the preceding paragraph in accordance with the Company’s standards, and if the Company approves the registration, the Company will notify the Applicant to that effect. The registration of the Applicant as a User shall be deemed to have been completed when the Company notified the Applicant as described in this paragraph.
Upon completion of the registration as stipulated in the preceding paragraph, a Service Usage Agreement will be finalized between the User and the Company, and the User will be able to use the Service in accordance with the Terms of Service.
The Company reserves the right to refuse registration or re-registration of any Applicant for any of the following reasons and shall not be obligated to disclose any reason for such refusal.
In the event that all or part of the Registration Information provided to the Company is false, erroneous, or has been omitted.
The Applicant is a minor, an adult ward, a person under curatorship or assistance and has not obtained the consent of a statutory agent, guardian, curator or assistant.
When the Company determines that the Applicant is a member of antisocial forces, etc. (meaning organized crime groups, members of organized crime groups, right-wing organizations, antisocial forces, and other similar persons; the same shall apply hereinafter), or the Applicant is engaged in some kind of exchange or involvement with antisocial forces such as cooperating with or is involved in the maintenance, operation, or management of antisocial forces, etc., through the provision of funds or other means.
If the Company determine that the Applicant has violated a contract with the Company in the past or is related to a person who has violated a contract with the Company in the past.
If the Applicant has been subjected to any of the measures stipulated in Article 11 (Deregistration, etc.).
Other cases in which the Company deems the registration is not appropriate.
If an Applicant of the application set forth in Paragraph 1 is a minor, the Applicant must obtain the consent of a person with parental authority or other legal representative before proceeding with the procedures for consent to the Terms of Service. In the event that an Applicant who is a minor applies to use the Service by falsely claiming to have the consent of a legal representative even though he/she does not have such consent, by falsely claiming to be of legal age, or otherwise uses fraudulent means to make the Company believe that the Applicant has the legal capacity to act, all legal acts related to the Service, including consent to the Terms of Service are irrevocable. In addition, if the Applicant or User who was a minor at the time of agreeing to the Terms of Service uses the Service after reaching the age of majority, such User will be deemed to have ratified all legal acts related to the Service.
A User who has separately entered into a Service Usage Agreement (“Individual Agreement”) with the Company, which includes the contents of the Terms of Service or states that the User agrees to the contents of the Terms of Service (“Individual Agreement User”), shall, after the Individual Agreement is concluded, be deemed to have concluded the Service Usage Agreement of Paragraph 3 and shall become a User of this Service when a user ID and password are issued by the Company to the Individual Agreement User or the user ID and password applied for by the Individual Agreement User are activated.
Employees, etc., of the Individual Agreement User (including, but not limited to, officers of the Individual Agreement User, or persons who enter into employment or outsourcing contracts with the Individual Agreement User, or persons who intern under the management of the Individual Agreement User) uses the Service based on the Individual Agreement, a unique user ID and password will be issued to the employee, etc., of the Individual Agreement User after the Individual Agreement is concluded. The employee, etc., is deemed to have concluded the Service Usage Agreement with the Company and shall become a User of the Service when the employee, etc., uses the Service using the said ID and password. If an employee, etc., of the Individual Agreement User is a minor at this time, Paragraph 5 of this Article shall apply mutatis mutandis.

Change of Registration Information
In the event of any change in the Registered Information, the User must notify the Company of such change without delay in the manner prescribed by the Company.
Users shall manage their Registration Information on their own responsibility, and the Company shall not be liable for any disadvantage or damage incurred by Users due to inaccurate or false Registration Information.

Password and user ID management
Users shall, on their own responsibility, properly manage and store their user IDs and passwords for the Service and shall not allow any third party to use them, or lend, assign, transfer, change the name of, or sell them.
When a user ID and password are entered and the Service is used, the Company may treat it as that the User listed in the Registration Information associated with the user ID and password has used the Service, and the person who registered for use shall be held responsible for any and all results and consequences resulting from such use.
In addition to the preceding paragraph, the User shall be responsible for any damages caused by insufficient management of the user ID and password, errors in use, or use by a third party.
In the event that the unauthorized use of a user ID and password causes damage to the Company or a third party, the User shall compensate the Company and the third party for such damage.
If a User discovers that his/her user ID and password have been stolen or used by a third party, the User shall immediately notify the Company to that effect and follow the Company’s instructions.

Fees and payment methods
In consideration of the use of the Service, the User shall pay to the Company the usage fee determined separately by the Company by the payment method designated by the Company.
The usage fees in the preceding paragraph may be indicated within the Service or on the Company’s website and may be set forth in the Individual Agreements for Individual Agreement Users.
When an employee, etc., of the Individual Agreement User is a User, the employee, etc., of the Individual Agreement User may pay or be exempted from paying the usage fee in accordance with the provisions of the Individual Agreement.
In the event that a User delays payment of the usage fee, the User shall pay to the Company a late fee at the rate of 14.6% per annum.

Rights Attribution
All intellectual property rights related to Our Company’s website and the Service belong to the Company or the party that has licensed them to the Company, and permission to use the Service under the Terms of Service does not imply the granting of permission to use the intellectual property rights of the Company or the party that has licensed them to the Company with respect to Our Website or the Service.
Users may not reproduce, transmit, transfer (including buying and selling between Users), lend, translate, adapt, reprint without permission, secondary use, commercial use, modify, disassemble, decompile, reverse engineer, etc., Our Website or the Service in any way beyond the scope of use specified by the Company.
　If a User suspends or loses his/her eligibility for use in accordance with the provisions of Articles 11 through 13, the right to use the Content provided shall also cease to exist.
The User represents and warrants to the Company that he/she has the legal right to post or otherwise transmit the Submission Data and that the Submission Data does not infringe upon the rights of any third party.

Special terms and conditions regarding the operation of the Application
The Application has the functions to record conversational speech of the User or between the User and third parties with whom the User is conversing (“Conversation Partner”) and store the data in the User’s device, however, the Company does not acquire such voice data. In addition, the Application will transcribe such voice data sing the functions of the Application (“Transcribed Data”) and is able to create the minutes of the conversation between the User and the Conversation Partner (“Minutes Data”) which the User creates with reference to the Transcribed Data. However, unless otherwise commissioned by the User, the Company will not acquire these data (meaning a state in which the data can be viewed and used by the Company, and not merely uploaded to the server managed by the Company).
　When using some of the functions in the Application, the User shall warrant to the Company that the User has carefully read the caveats for the use of such functions and followed the contents described in such caveats.
　If a Conversation Partner files a complaint (regardless of the means, such as lawsuit or negotiation) against the Company with respect to the operation of the Service or the Application, the User must resolve said complaint, etc., at his/her own responsibility and property as a breach of the warranty set forth in the preceding paragraph. In addition, the User shall compensate the Company for any damages incurred.
　In addition to the provisions of this Article, the Company shall properly handle personal information and User information related to the Service (as defined in the Company’s Privacy Policy) in accordance with the “Privacy Policy” separately stipulated by the Company.

Prohibited items

　In using the Service, Users shall not engage in any of the following acts, or any act that the Company deems to fall under any of the following items.

　Use for acts that violate laws and regulations or are related to criminal acts
　Use of the Service for acts that violate laws and regulations or are related to criminal acts
　Fraud or threats against the Company, other Users of the Service, or other third parties
　Acts against public order and morals
　Acts that infringe on the intellectual property rights, portrait rights, rights of privacy, honor, or any other rights or interests of the Company, other Users of the Service, or any other third party
　Transmitting information that falls under any of the following or that the Company deems to fall under any of the following through the Service to the Company or other users of the Service

・Information containing excessively violent or cruel expressions

・Information containing computer viruses or other harmful computer programs

・Information that includes expressions that may damage the reputation or credibility of the Company, other Users of the Service, or any other third party

・Information containing excessively obscene expressions

・Information containing expressions that promote discrimination

　・Information containing expressions that encourage suicide or self-harm

　・Information containing expressions that promote the inappropriate use of drugs

　・Information containing antisocial expressions

　　　　　・Information that seeks to spread information to third parties, such as chain mail, etc.

　　　　　・Information containing expressions that may cause discomfort to others

　Acts that place an excessive load on the Service’s network or system, etc.
　Acts of using bugs or other defects in the Service or infrastructure facilities, including servers that provide the Service, for unfair purposes, and acts of instigating or aiding such acts
　Development, distribution, or use of unauthorized tools, unauthorized applications, unauthorized copies of the Service, cheat tools, or other programs with the aims of exploiting the Service, as well as acts that induce or encourage a third party to engage in such acts
　Deletion, alteration (including data falsification), modification, adaptation, or creation of derivative works of Our Website site or sites from which the Company transmits information on the Service, as well as acts that induce or encourage a third party to commit such acts
　Acts of decompiling, disassembling, or reverse engineering the program of the Service, or acts that induce or encourage a third party to commit such acts
　Redistribution and rental of the Service, in whole or in part (including copies), and resale or resale of the Service
　Excessive installation of the Service on multiple devices
　Transmitting computer viruses or other unauthorized information or giving or writing unauthorized information to the Service or to infrastructure facilities including servers, etc., that provide the Service
　Acts of interfering with communication, interception of communications, intrusion into infrastructure facilities including servers that provide the Service or acts to seize information recorded on such servers
　Collecting, storing, disclosing or communicating, or attempting to collect, store, disclose or communicate, personal information of third parties
　Impersonation of a third party
　Using the IDs or passwords of other Users of the Service
　Advertising, publicity, solicitation, or sales activities on the Service that are not authorized in advance by the Company
　Collection of information about other Users of the Service
　Acts that cause disadvantage, damage, or discomfort to the Company, other Users of the Service, or other third parties
　Acts that violate the Related Rules, etc., published on Our Website regarding the use of the Service or the Related Rules, etc., published on the applications included in the Service
　Acts of using the Service without obtaining the consent of a third party which is necessary for the use of the Service.
　Providing benefits to antisocial forces, etc.
　Acts that directly or indirectly cause or facilitate any of the preceding acts
　Attempting any of the preceding acts
　Other activities that the Company deems inappropriate.

Suspension of the Service, etc.

　The Company reserves the right to suspend or discontinue all or part of the Service without prior notice to Users in any of the following cases.

　In case of urgent inspection or maintenance of the computer system related to the Service
　In the event that the Service cannot be operated due to computer or communication line failures, erroneous operation, excessive concentration of access, unauthorized access, hacking, etc.
　In the event that the Service cannot be operated due to force majeure such as earthquake, lightning, fire, windstorm, flood, power outage, natural disaster, etc.
　In any other cases where the Company deems it necessary to suspend or discontinue the Service.

Deregistration, etc.
　In the event that any of the following events applies to the User, the Company may, without prior notice or demand, delete or hide Submission Data, temporarily suspend the User’s use of the Service, or deregister the User.
　If the User violates any of the provisions of the Terms of Services
　When it is found that there is a false fact in the Registration Information
　If the User ceases to make payments or becomes insolvent, or a petition is filed for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings
　If the User has not used the Service for more than 6 months
　If the User has not responded to the Company’s inquiries or other communications requesting a response for more than 30 days
　When any of the items of Article 3, Paragraph 4 applies
　If the Individual Agreement User and the Individual Agreement cease to be effective for any reason
　In any other cases in which the Company deems it inappropriate for the User to use the Service or to continue the registration as a User
　In the event that any of the events listed in the preceding paragraph applies, the User will naturally forfeit the benefit of time with respect to all debts owed to the Company and must immediately make payment of all debts to the Company.

Withdrawal
　Users may withdraw from the Service and delete their registration as a User upon completion of the procedures specified by the Company.
　Upon withdrawal from the Service, if there are any debts owed to the Company, the User will naturally forfeit the benefit of time with respect to all debts owed to the Company and must immediately make payment of all debts to the Company.
　The handling of User information after withdrawal from the Service shall also be in accordance with the provisions of Article 8, Paragraph 4.

Change or termination of the Service
　The Company may change the contents of the Service or terminate the provision of the Service according to the Company’s circumstances.
　In the event that the Company terminates the provision of the Service, the Company shall notify the User in advance by an appropriate method.

Measures to be taken after termination of the Service

　When a User terminates use of the Service in accordance with the provisions of Articles 11 through 13, the Company shall delete the Submission Data created by the User. However, the User agrees to allow one month after the User terminates use of the Service for the deletion of Submission Data, and the User agrees in advance with the Company that the Submission Data will remain for this period.

Disclaimer of Warranty and Disclaimer of Liability
　The Company makes no warranty, express or implied, that the Service will be suitable for the User’s particular purpose; that it will have the expected functionality, commercial value, accuracy, or usefulness; that the User’s use of the Service will conform to applicable laws, regulations, or internal rules of any industry organizations; that the Service will be continuously available; or that defects will not occur.
　Any transactions, communications, disputes, etc., arising between Users and other Users or third parties in connection with the Service or Our Website shall be resolved by the Users at their own responsibility.
　The Company shall not be liable for any loss of opportunity, business interruption, or any other damages (including indirect damages and lost profits) incurred by Users or other third parties, even if the Company has been notified of the possibility of such damages in advance.
　The Company shall compensate for damages directly incurred by the User as a result of the use of the Service, if such damages are caused by the Company’s willful misconduct or gross negligence. However, the Company shall not be liable for compensation in excess of the amount of consideration paid by the User to the Company in the past 12 months, nor shall the Company be liable for incidental, indirect, special, future, or lost profit damages.
　In the event that the Company receives a claim for damages or other compensation from a third party as a result of a User’s acts, the User shall resolve such claim at the User’s expense (attorney’s fees) and responsibility. In the event that the Company pays compensation for damages to said third party, the User shall pay all expenses (including attorney’s fees and lost profits) including said compensation for damages to the Company.
　In the event that a User causes damage to the Company in connection with the use of the Service, the User shall compensate the Company for the damage (including court costs and attorney’s fees) at the User’s expense and responsibility.

Confidentiality

　Users shall treat as confidential any non-public information disclosed by the Company to Users in connection with the Service that the Company requires to be treated as confidential, except with the prior written consent of the Company.

Modification of the Terms of Service, etc.

　The Company may modify the Terms of Service as the Company deems necessary. In the event of modification of the Agreement, the Company will notify Users of the effective date and content of the modified Terms of Service by publishing on Our website, on the Service, or by other appropriate means. However, in the case of modifications to the contents that require the consent of the User under the law, the User’s consent shall be obtained in a manner prescribed by the Company.

Contact/notification
　Inquiries regarding the Service and other communications or notifications from Users to the Company, as well as notifications regarding modifications to the Terms of Service and other communications or notifications from the Company to Users, shall be made in a manner determined by the Company.
　When the Company contacts or sends notifications to the email address or other contact information included in the Registration Information, the User is deemed to have received such contact or notification.

Assignment, etc., of Status under the Service Usage Agreement
　Users may not assign, transfer, pledge as security, or otherwise dispose of their status under the Usage Agreement or their rights or obligations under the Terms of Service to any third party without the prior written consent of the Company.
　In the event that the Company transfers the business related to the Service to another company, the Company may transfer the status of the Usage Agreement, rights and obligations based on the Terms of Service, the User’s registration items and other customer information to the transferee of such business transfer in connection with the transfer of the business and the User shall agree to such transfer in advance in this paragraph. The business transfer stipulated in this paragraph shall include not only ordinary business transfers, but also corporate divestitures and any other cases in which a business is transferred.

Severability

　Even if any provision of the Terms of Service or any part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws or regulations, the remaining provisions of the Terms of Service and the remaining portions of any provision determined to be invalid or unenforceable in part shall remain in full force and effect.

Governing law and court of competent jurisdiction
　The Terms of Service and the Service Usage Agreement shall be governed by and construed in accordance with the laws of Japan.
　The Tokyo District Court shall have exclusive jurisdiction in the first instance over any and all disputes arising out of or in connection with the Terms of Service or the Service Usage Agreement.

[Enacted October 1, 2019].